HB 725

1	A bill to be entitled
2	An act relating to insurance agents and adjusters;
3	amending s. 624.501, F.S.; deleting the title insurer
4	administrative surcharge for a licensed title
5	insurance agency; amending s. 624.505, F.S.; deleting
6	a requirement that an insurer pay an agent tax for
7	each county in which an agent represents the insurer
8	and has a place of business; amending s. 626.015,
9	F.S.; revising the definitions of "adjuster" and "home
10	state"; amending s. 626.0428, F.S.; revising
11	provisions relating to who may bind insurance
12	coverage; amending s. 626.171, F.S.; providing that an
13	applicant is responsible for the information in an
14	application even if completed by a third party;
15	requiring an application to include a statement about
16	the method used to meet certain requirements; amending
17	s. 626.191, F.S.; revising provisions relating to when
18	an applicant may apply for a license after an initial
19	application is denied by the Department of Financial
20	Services; amending s. 626.221, F.S.; revising
21	provisions relating to license examinations;
22	conforming provisions relating to all-lines adjusters;
23	deleting an exemption from examination for certain
24	adjusters; amending s. 626.231, F.S.; providing for
25	submitting an application for examination on a
26	designee's website; amending s. 626.241, F.S.;
27	revising the scope of the examination for an all-lines
28	adjuster; amending s. 626.251, F.S.; providing for e-
29	mailing notices of examinations; amending s. 626.281,
30	F.S.; specifying how many times an applicant may take
31	an examination during a year; amending s. 626.2815,
32	F.S.; revising provisions relating to continuing
33	education requirements; providing that persons on
34	active military duty may seek a waiver; providing for
35	an update course and the contents of such course;
36	deleting requirements relating specifically to certain
37	types of insurance; providing education requirements
38	for bail bond agents and public adjusters; eliminating
39	the continuing education advisory board; amending s.
40	626.292, F.S.; conforming provisions to changes made
41	by the act relating to all-lines adjusters; amending
42	s. 626.311, F.S.; conforming provisions to changes
43	made by the act relating to limited licenses; amending
44	s. 626.321, F.S.; revising provisions relating to
45	limited licenses; prohibiting the future issuance of
46	new limited licenses for motor vehicle physical damage
47	and mechanical breakdown insurance; combining limited
48	licenses relating to credit insurance; specifying
49	events covered by crop hail and multiple-peril crop
50	insurance; revising in-transit and storage personal
51	property insurance to create a limited license for
52	portable electronics insurance; amending s. 626.342,
53	F.S.; clarifying that the prohibition relating to the
54	furnishing of supplies to unlicensed agents applies to
55	all unlicensed agents; amending s. 626.381, F.S.;
56	revising provisions relating to the reporting of
57	administrative actions; amending s. 626.536, F.S.;
58	clarifying requirements for reporting administrative
59	actions taken against a licensee; amending s. 626.551,
60	F.S.; shortening the time within which a licensee must
61	report to the department a change in certain
62	information; authorizing the Department of Financial
63	Services to adopt rules relating to notification of a
64	change of address; amending s. 626.621, F.S.; adding
65	failure to comply with child support requirements as
66	grounds for action against a license; amending s.
67	626.641, F.S.; clarifying provisions relating to the
68	suspension or revocation of a license or appointment;
69	amending s. 626.651, F.S.; revising provisions
70	relating to the suspension or revocation of licenses;
71	amending ss. 626.730 and 626.732, F.S.; revising
72	provisions relating to the purpose of the general
73	lines and personal lines license and certain
74	requirements related to general lines and personal
75	lines agents; conforming provisions to changes made by
76	the act relating to limited licenses; amending s.
77	626.8411, F.S.; revising requirements and exemptions
78	relating to title insurance agents or agencies;
79	amending s. 626.8418, F.S.; deleting the requirement
80	that a title insurance agency deposit certain
81	securities with the department; creating s. 626.8548,
82	F.S.; defining the term "all-lines adjuster"; amending
83	s. 626.855, F.S.; revising the definition of
84	"independent adjuster"; amending s. 626.856, F.S.;
85	revising the definition of "company employee
86	adjuster"; repealing s. 626.858, F.S., relating to
87	defining "nonresident company employee adjuster";
88	amending s. 626.8584, F.S.; revising the definition of
89	"nonresident all-lines adjuster"; amending s. 626.863,
90	F.S.; conforming provisions to changes made by the act
91	relating to all-lines adjusters; amending s. 626.864,
92	F.S.; revising provisions relating to adjuster license
93	types; amending s. 626.865, F.S.; requiring an
94	applicant for public adjuster to be licensed as a
95	public adjuster apprentice; amending s. 626.866, F.S.;
96	conforming provisions to changes made by the act
97	relating to all-lines adjusters; repealing s. 626.867,
98	F.S., relating to qualifications for company employee
99	adjusters; amending s. 626.869, F.S.; revising
100	provisions relating to an all-lines adjuster license;
101	ceasing the issuance of certain adjuster licenses;
102	revising continuing education requirements; amending
103	s. 626.8697, F.S.; revising provisions relating to the
104	violation of rules resulting in the suspension or
105	revocation of an adjuster's license; amending s.
106	626.872, F.S.; conforming provisions to changes made
107	by the act relating to all-lines adjusters; repealing
108	s. 626.873, F.S., relating to licensure for
109	nonresident company employee adjusters; amending s.
110	626.8734, F.S.; amending provisions relating to
111	nonresident all-lines adjusters; providing for
112	verifying an applicant's status through the National
113	Association of Insurance Commissioners' Producer
114	Database; amending ss. 626.8736, 626.874, 626.875, and
115	626.876, F.S.; conforming provisions to changes made
116	by the act relating to all-lines adjusters; amending
117	s. 626.927, F.S.; deleting a requirement that a
118	licensed surplus lines agent maintain a bond;
119	repealing s. 626.928, F.S., relating to a surplus
120	lines agent's bond; amending ss. 626.933, 626.935, and
121	627.952, F.S.; conforming cross-references; amending
122	s. 635.051, F.S.; requiring persons transacting
123	mortgage guaranty insurance to be licensed and
124	appointed as a credit insurance agent; amending s.
125	648.38, F.S.; revising the notice of examination
126	requirements for bail bond agents; amending s.
127	648.385, F.S.; revising continuing education courses
128	for bail bond agents, to conform to changes made by
129	the act; amending s. 903.27, F.S.; revising provisions
130	relating to the provision of forfeiture documents and
131	notification of certain actions; providing effective
132	dates.
133
134	Be It Enacted by the Legislature of the State of Florida:
135
136	Section 1.  Paragraph (e) of subsection (27) of section
137	624.501, Florida Statutes, is amended to read:
138	624.501  Filing, license, appointment, and miscellaneous
139	fees.-The department, commission, or office, as appropriate,
140	shall collect in advance, and persons so served shall pay to it
141	in advance, fees, licenses, and miscellaneous charges as
142	follows:
143	(27)  Title insurance agents:
144	(e)  Title insurer and title insurance agency
145	administrative surcharge:
146	1.  On or before January 30 of each calendar year, each
147	title insurer shall pay an administrative surcharge of $200.00
148	to the office for each licensed title insurance agency appointed
149	by the title insurer and for each title insurer's retail office
150	that has been appointed by the title of the insurer as of on
151	January 1 of that calendar year an administrative surcharge of
152	$200.00.
153	2.  On or before January 30 of each calendar year, each
154	licensed title insurance agency shall remit to the department an
155	administrative surcharge of $200.00. The administrative
156	surcharge may be used solely to defray the costs to the
157	department and office for gathering and evaluating in their
158	examination or audit of title insurance agencies and retail
159	offices of title insurers and to gather title insurance data
160	from title insurance agencies and insurers for statistical
161	purposes, which shall to be furnished to and used by the office
162	in its regulation of title insurance.
163	Section 2.  Subsection (1) of section 624.505, Florida
164	Statutes, is amended to read:
165	624.505  County tax; determination; additional offices;
166	nonresident agents.-
167	(1)  The county tax imposed provided for under s. 624.501
168	for as to an agent shall be paid by each insurer for each agent
169	only for the county where the agent resides, or if the such
170	agent's place of business is not located in the a county where
171	the agent resides other than that of her or his residence, then
172	for the county in which the agent's wherein is located such
173	place of business is located. If an agent maintains an office or
174	place of business in more than one county, the tax shall be paid
175	for her or him by each such insurer for each county wherein the
176	agent represents such insurer and has a place of business. If
177	When under this subsection an insurer is paying the required to
178	pay county tax for an agent for a county or counties other than
179	the agent's county of residence, the insurer must shall
180	designate the county or counties for which the taxes are paid.
181	Section 3.  Subsections (1) and (7) of section 626.015,
182	Florida Statutes, are amended to read:
183	626.015  Definitions.-As used in this part:
184	(1)  "Adjuster" means a public adjuster as defined in s.
185	626.854, a public adjuster apprentice as defined in s. 626.8541,
186	or an all-lines adjuster as defined in s. 626.8548 independent
187	adjuster as defined in s. 626.855, or company employee adjuster
188	as defined in s. 626.856.
189	(7)  "Home state" means the District of Columbia and any
190	state or territory of the United States in which an insurance
191	agent or adjuster maintains his or her principal place of
192	residence or principal place of business and is licensed to act
193	as an insurance agent or adjuster.
194	Section 4.  Subsections (2) and (3) of section 626.0428,
195	Florida Statutes, are amended to read:
196	626.0428  Agency personnel powers, duties, and
197	limitations.-
198	(2)  An No employee of an agent or agency may not bind
199	insurance coverage unless licensed and appointed as an a general
200	lines agent or customer representative.
201	(3)  An No employee of an agent or agency may not initiate
202	contact with any person for the purpose of soliciting insurance
203	unless licensed and appointed as an a general lines agent or
204	customer representative.
205	Section 5.  Subsection (1) and paragraph (b) of subsection
206	(2) of section 626.171, Florida Statutes, are amended to read:
207	626.171  Application for license as an agent, customer
208	representative, adjuster, service representative, managing
209	general agent, or reinsurance intermediary.-
210	(1)  The department may shall not issue a license as agent,
211	customer representative, adjuster, service representative,
212	managing general agent, or reinsurance intermediary to any
213	person except upon written application therefor filed with the
214	department it, meeting the qualifications for the license
215	applied for as determined by the department qualification
216	therefor, and payment in advance of all applicable fees. The Any
217	such application must shall be made under the oath of the
218	applicant and be signed by the applicant. An applicant may
219	permit a third party to complete, submit, and sign an
220	application on the applicant's behalf, but is responsible for
221	ensuring that the information on the application is true and
222	correct and is accountable for any misstatements or
223	misrepresentations. The department shall accept the uniform
224	application for nonresident agent licensing. The department may
225	adopt revised versions of the uniform application by rule.
226	(2)  In the application, the applicant shall set forth:
227	(b)  A statement indicating the method the applicant used
228	or is using to meet any required prelicensing education,
229	knowledge, experience, or instructional requirements for the
230	type of license applied for. Proof that he or she has completed
231	or is in the process of completing any required prelicensing
232	course.
233
234	However, the application must contain a statement that an
235	applicant is not required to disclose his or her race or
236	ethnicity, gender, or native language, that he or she will not
237	be penalized for not doing so, and that the department will use
238	this information exclusively for research and statistical
239	purposes and to improve the quality and fairness of the
240	examinations.
241	Section 6.  Section 626.191, Florida Statutes, is amended
242	to read:
243	626.191  Repeated applications.-The failure of an applicant
244	to secure a license upon an application does shall not preclude
245	the applicant from applying again. However as many times as
246	desired, but the department may shall not consider give
247	consideration to or accept any further application by the same
248	applicant individual for a similar license dated or filed within
249	30 days after subsequent to the date the department denied the
250	last application, except as provided under in s. 626.281.
251	Section 7.  Subsection (2) of section 626.221, Florida
252	Statutes, is amended to read:
253	626.221  Examination requirement; exemptions.-
254	(2)  However, an no such examination is not shall be
255	necessary for in any of the following cases:
256	(a)  An applicant for renewal of appointment as an agent,
257	customer representative, or adjuster, unless the department
258	determines that an examination is necessary to establish the
259	competence or trustworthiness of the such applicant.
260	(b)  An applicant for a limited license as agent for travel
261	insurance, motor vehicle rental personal accident insurance,
262	baggage and motor vehicle excess liability insurance, credit
263	life or disability insurance, credit insurance, credit property
264	insurance, in-transit and storage personal property insurance,
265	or portable electronics communications equipment property
266	insurance or communication equipment inland marine insurance
267	under s. 326.321.
268	(c)  In the discretion of the department, an applicant for
269	reinstatement of license or appointment as an agent, customer
270	representative, company employee adjuster, or independent
271	adjuster whose license has been suspended within the 4 years
272	before prior to the date of application or written request for
273	reinstatement.
274	(d)  An applicant who, within the 4 years before prior to
275	application for license and appointment as an agent, customer
276	representative, or adjuster, was a full-time salaried employee
277	of the department who and had continuously been such an employee
278	with responsible insurance duties for at least not less than 2
279	continuous years and who had been a licensee within the 4 years
280	before prior to employment by the department with the same class
281	of license as that being applied for.
282	(e)  An applicant A person who has been licensed as an all-
283	lines adjuster and appointed as an independent adjuster or
284	company employee adjuster as to all property, casualty, and
285	surety insurances may be licensed and appointed as a company
286	employee adjuster or independent adjuster, as to these kinds of
287	insurance, without additional written examination if an
288	application for licensure is filed with the department within 48
289	months following the date of cancellation or expiration of the
290	prior appointment.
291	(f)  A person who has been licensed as a company employee
292	adjuster or independent adjuster for motor vehicle, property and
293	casualty, workers' compensation, and health insurance may be
294	licensed as such an adjuster without additional written
295	examination if his or her application for licensure is filed
296	with the department within 48 months after cancellation or
297	expiration of the prior license.
298	(f)(g)  An applicant for a temporary license, except as
299	otherwise provided in this code.
300	(g)(h)  An applicant for a license as a life or health
301	agent license who has received the designation of chartered life
302	underwriter (CLU) from the American College of Life Underwriters
303	and who has been engaged in the insurance business within the
304	past 4 years, except that the applicant such an individual may
305	be examined on pertinent provisions of this code.
306	(h)(i)  An applicant for license as a general lines agent,
307	customer representative, or adjuster who has received the
308	designation of chartered property and casualty underwriter
309	(CPCU) from the American Institute for Property and Liability
310	Underwriters and who has been engaged in the insurance business
311	within the past 4 years, except that the applicant such an
312	individual may be examined on pertinent provisions of this code.
313	(i)(j)  An applicant for license as a customer
314	representative who has earned the designation of Accredited
315	Advisor in Insurance (AAI) from the Insurance Institute of
316	America, the designation of Certified Insurance Counselor (CIC)
317	from the Society of Certified Insurance Service Counselors, the
318	designation of Accredited Customer Service Representative (ACSR)
319	from the Independent Insurance Agents of America, the
320	designation of Certified Professional Service Representative
321	(CPSR) from the National Foundation for Certified Professional
322	Service Representatives, the designation of Certified Insurance
323	Service Representative (CISR) from the Society of Certified
324	Insurance Service Representatives, or the designation of
325	Certified Insurance Representative (CIR) from the National
326	Association of Christian Catastrophe Insurance Adjusters. Also,
327	an applicant for license as a customer representative who has
328	earned an associate degree or bachelor's degree from an
329	accredited college or university and has completed with at least
330	9 academic hours of property and casualty insurance curriculum,
331	or the equivalent, or has earned the designation of Certified
332	Customer Service Representative (CCSR) from the Florida
333	Association of Insurance Agents, or the designation of
334	Registered Customer Service Representative (RCSR) from a
335	regionally accredited postsecondary institution in this state,
336	or the designation of Professional Customer Service
337	Representative (PCSR) from the Professional Career Institute,
338	whose curriculum has been approved by the department and which
339	whose curriculum includes comprehensive analysis of basic
340	property and casualty lines of insurance and testing at least
341	equal to that of standard department testing for the customer
342	representative license. The department shall adopt rules
343	establishing standards for the approval of curriculum.
344	(j)(k)  An applicant for license as a resident or
345	nonresident all-lines an independent or company employee
346	adjuster who has the designation of Accredited Claims Adjuster
347	(ACA) from a regionally accredited postsecondary institution in
348	this state, Professional Claims Adjuster (PCA) from the
349	Professional Career Institute, Professional Property Insurance
350	Adjuster (PPIA) from the HurriClaim Training Academy, Certified
351	Adjuster (CA) from ALL LINES Training, or Certified Claims
352	Adjuster (CCA) from the Association of Property and Casualty
353	Claims Professionals whose curriculum has been approved by the
354	department and which whose curriculum includes comprehensive
355	analysis of basic property and casualty lines of insurance and
356	testing at least equal to that of standard department testing
357	for the all-lines adjuster license. The department shall adopt
358	rules establishing standards for the approval of curriculum.
359	(k)(l)  An applicant qualifying for a license transfer
360	under s. 626.292, if the applicant:
361	1.  Has successfully completed the prelicensing examination
362	requirements in the applicant's previous home state which are
363	substantially equivalent to the examination requirements in this
364	state, as determined by the department;
365	2.  Has received the designation of chartered property and
366	casualty underwriter (CPCU) from the American Institute for
367	Property and Liability Underwriters and has been engaged in the
368	insurance business within the past 4 years if applying to
369	transfer a general lines agent license; or
370	3.  Has received the designation of chartered life
371	underwriter (CLU) from the American College of Life Underwriters
372	and has been engaged in the insurance business within the past 4
373	years, if applying to transfer a life or health agent license.
374	(l)(m)  An applicant for a license as a nonresident agent
375	license, if the applicant:
376	1.  Has successfully completed prelicensing examination
377	requirements in the applicant's home state which are
378	substantially equivalent to the examination requirements in this
379	state, as determined by the department, as a requirement for
380	obtaining a resident license in his or her home state;
381	2.  Held a general lines agent license, life agent license,
382	or health agent license before prior to the time a written
383	examination was required;
384	3.  Has received the designation of chartered property and
385	casualty underwriter (CPCU) from the American Institute for
386	Property and Liability Underwriters and has been engaged in the
387	insurance business within the past 4 years, if an applicant for
388	a nonresident license as a general lines agent; or
389	4.  Has received the designation of chartered life
390	underwriter (CLU) from the American College of Life Underwriters
391	and has been in the insurance business within the past 4 years,
392	if an applicant for a nonresident license as a life agent or
393	health agent.
394	Section 8.  Subsection (2) of section 626.231, Florida
395	Statutes, is amended to read:
396	626.231  Eligibility; application for examination.-
397	(2)  A person required to take an examination for a license
398	may be permitted to take an examination before prior to
399	submitting an application for licensure pursuant to s. 626.171
400	by submitting an application for examination through the
401	department's Internet website or the website of a person
402	designated by the department to administer the examination. The
403	department may require In the application, the applicant to
404	provide the following information as part of the application
405	shall set forth:
406	(a)  His or her full name, date of birth age, social
407	security number, residence address, business address, and
408	mailing address.
409	(b)  The type of license which that the applicant intends
410	to apply for.
411	(c)  The name of any required prelicensing course he or she
412	has completed or is in the process of completing.
413	(d)  The method by which the applicant intends to qualify
414	for the type of license if other than by completing a
415	prelicensing course.
416	(e)  The applicant's gender (male or female).
417	(f)  The applicant's native language.
418	(g)  The highest level of education achieved by the
419	applicant.
420	(h)  The applicant's race or ethnicity (African American,
421	white, American Indian, Asian, Hispanic, or other).
422
423	However, the application form must contain a statement that an
424	applicant is not required to disclose his or her race or
425	ethnicity, gender, or native language, that he or she will not
426	be penalized for not doing so, and that the department will use
427	this information exclusively for research and statistical
428	purposes and to improve the quality and fairness of the
429	examinations.
430	Section 9.  Subsection (6) of section 626.241, Florida
431	Statutes, is amended to read:
432	626.241  Scope of examination.-
433	(6)  In order to reflect the differences between adjusting
434	claims for an insurer and adjusting claims for an insured, the
435	department shall create an examination for applicants seeking
436	licensure as a public adjuster and a separate examination for
437	applicants seeking licensure as an all-lines a company employee
438	adjuster or independent adjuster.
439	(a)  Examinations given applicants for a license as an all-
440	lines adjuster must shall cover adjusting in all lines of
441	insurance, other than life and annuity; or, in accordance with
442	the application for the license, the examination may be limited
443	to adjusting in:
444	(a)  Automobile physical damage insurance;
445	(b)  Property and casualty insurance;
446	(c)  Workers' compensation insurance; or
447	(d)  Health insurance.
448	(b)  An No examination for workers' on worker's
449	compensation insurance or health insurance is not shall be
450	required for public adjusters.
451	Section 10.  Subsection (1) of section 626.251, Florida
452	Statutes, is amended to read:
453	626.251  Time and place of examination; notice.-
454	(1)  The department, or a person designated by the
455	department, shall provide mail written notice of the time and
456	place of the examination to each applicant for examination and
457	each applicant for license required to take an examination who
458	will be eligible to take the examination as of the examination
459	date. The notice shall be e-mailed so mailed, postage prepaid,
460	and addressed to the applicant at the e-mail his or her address
461	shown on the application for license or examination at such
462	other address as requested by the applicant in writing filed
463	with the department prior to the mailing of the notice. Notice
464	is shall be deemed given when so mailed.
465	Section 11.  Section 626.281, Florida Statutes, is amended
466	to read:
467	626.281  Reexamination.-
468	(1)  An Any applicant for license or applicant for
469	examination who has either:
470	(a)  Taken an examination and failed to make a passing
471	grade, or
472	(b)  Failed to appear for the examination or to take or
473	complete the examination at the time and place specified in the
474	notice of the department,
475
476	may take additional examinations, after filing with the
477	department or its designee an application for reexamination
478	together with applicable fees. The failure of an applicant to
479	pass an examination, or the failure to appear for the
480	examination, or to take or complete the examination does not
481	preclude the applicant from taking subsequent examinations.
482	(2)  Applicants may take an examination for a license type
483	up to three times in a 12-month period.
484	(3)(2)  The department may require an any individual whose
485	license as an agent, customer representative, or adjuster has
486	expired or has been suspended to pass an examination before
487	prior to reinstating or relicensing the individual as to any
488	class of license. The examination fee must shall be paid for as
489	to each examination.
490	Section 12.  Section 626.2815, Florida Statutes, is amended
491	to read:
492	626.2815  Continuing education required; application;
493	exceptions; requirements; penalties.-
494	(1)  The purpose of this section is to establish
495	requirements and standards for continuing education courses for
496	individuals persons licensed to solicit, or sell, or adjust
497	insurance in the state.
498	(2)  Except as otherwise provided in this section, the
499	provisions of this section applies apply to individuals persons
500	licensed to engage in the sale of insurance or adjustment of
501	insurance claims in this state for all lines of insurance for
502	which an examination is required for licensing and to each
503	insurer, employer, or appointing entity, including, but not
504	limited to, those created or existing pursuant to s. 627.351.
505	The provisions of This section does shall not apply to an any
506	individual who holds person holding a license for the sale of
507	any line of insurance for which an examination is not required
508	by the laws of this state or who holds a, nor shall the
509	provisions of this section apply to any limited license as the
510	department may exempt by rule. Licensees who are unable to
511	comply with the continuing education requirements due to active
512	duty in the military may submit a written request for a waiver
513	to the department.
514	(3)(a)  Each licensee person subject to the provisions of
515	this section must, except as set forth in paragraphs (b), (c),
516	and (d), complete a minimum of 24 hours of continuing education
517	courses every 2 years in basic or higher-level courses
518	prescribed by this section or in other courses approved by the
519	department.
520	(a)  Each licensee person subject to the provisions of this
521	section must complete, as part of his or her required number of
522	continuing education hours, 3 hours of continuing education,
523	approved by the department, every 2 years on the subject matter
524	of ethics. Each licensed general lines agent and customer
525	representative subject to this section must complete, as part of
526	his or her required number of continuing education hours, 1 hour
527	of continuing education, approved by the department, every 2
528	years on the subject matter of premium discounts available on
529	property insurance policies based on various hurricane
530	mitigation options and the means for obtaining the discounts.
531	(b)  A licensee person who has been licensed for a period
532	of 6 or more years must complete 20 hours of continuing
533	education every 2 years in intermediate or advanced-level
534	courses prescribed by this section or in other courses approved
535	by the department.
536	(c)  A licensee who has been licensed for 25 years or more
537	and is a CLU or a CPCU or has a Bachelor of Science degree in
538	risk management or insurance with evidence of 18 or more
539	semester hours in upper-level insurance-related courses must
540	complete 10 hours of continuing education courses every 2 years
541	in courses prescribed by this section or in other courses
542	approved by the department.
543	(d)  An individual Any person who holds a license as a
544	customer representative, limited customer representative, title
545	agent, motor vehicle physical damage and mechanical breakdown
546	insurance agent, crop or hail and multiple-peril crop insurance
547	agent, or as an industrial fire insurance or burglary insurance
548	agent and who is not a licensed life or health insurance agent,
549	must shall be required to complete 10 hours of continuing
550	education courses every 2 years.
551	(e)  An individual Any person who holds a license to
552	solicit or sell life or health insurance and a license to
553	solicit or sell property, casualty, surety, or surplus lines
554	insurance must complete the continuing education requirements by
555	completing courses in life or health insurance for one-half of
556	the total hours required and courses in property, casualty,
557	surety, or surplus lines insurance for one-half of the total
558	hours required. However, a licensee who holds an industrial fire
559	or burglary insurance license and who is a licensed life or
560	health agent must shall be required to complete 4 hours of
561	continuing education courses every 2 years related to industrial
562	fire or burglary insurance and the remaining number of hours of
563	continuing education courses required related to life or health
564	insurance.
565	(f)  Excess hours accumulated during any 2-year compliance
566	period may be carried forward to the next compliance period.
567	(g)  An individual teaching an approved course of
568	instruction or lecturing at an any approved seminar and
569	attending the entire course or seminar qualifies for the same
570	number of classroom hours as would be granted to a person taking
571	and successfully completing such course or seminar. Credit is
572	limited to the number of hours actually taught unless a person
573	attends the entire course or seminar. An individual who is an
574	official of or employed by a governmental entity in this state
575	and serves as a professor, instructor, or other position or
576	office, the duties and responsibilities of which are determined
577	by the department to require monitoring and review of insurance
578	laws or insurance regulations and practices, is exempt from this
579	section.
580	(4)(f)1.  Except as provided in subparagraph 2., Compliance
581	with continuing education requirements is a condition precedent
582	to the issuance, continuation, reinstatement, or renewal of any
583	appointment subject to this section. However:
584	(a)2.a.  An appointing entity, except one that appoints
585	individuals who are employees or exclusive independent
586	contractors of the appointing entity, may not require, directly
587	or indirectly, as a condition of such appointment or the
588	continuation of such appointment, the taking of an approved
589	course or program by any appointee or potential appointee which
590	that is not of the appointee's choosing.
591	(b)b.  Any entity created or existing pursuant to s.
592	627.351 may require employees to take training of any type
593	relevant to their employment but may not require appointees who
594	are not employees to take any approved course or program unless
595	the course or program deals solely with the appointing entity's
596	internal procedures or products or with subjects substantially
597	unique to the appointing entity.
598	(g)  A person teaching any approved course of instruction
599	or lecturing at any approved seminar and attending the entire
600	course or seminar shall qualify for the same number of classroom
601	hours as would be granted to a person taking and successfully
602	completing such course, seminar, or program. Credit shall be
603	limited to the number of hours actually taught unless a person
604	attends the entire course or seminar. Any person who is an
605	official of or employed by any governmental entity in this state
606	and serves as a professor, instructor, or in any other position
607	or office the duties and responsibilities of which are
608	determined by the department to require monitoring and review of
609	insurance laws or insurance regulations and practices shall be
610	exempt from this section.
611	(h)  Excess classroom hours accumulated during any
612	compliance period may be carried forward to the next compliance
613	period.
614	(5)(i)  For good cause shown, the department may grant an
615	extension of time during which the requirements of imposed by
616	this section may be completed, but such extension of time may
617	not exceed 1 year.
618	(6)(j)  A nonresident licensee who must complete continuing
619	education requirements in his or her home state may use the home
620	state requirements to also meet this state's continuing
621	education requirements as well, if the licensee's resident's
622	home state recognizes reciprocity with this state's continuing
623	education requirements. A nonresident licensee whose home state
624	does not have a continuing education requirement but is licensed
625	for the same class of business in another state that has which
626	does have a continuing education requirement may comply with
627	this section by furnishing proof of compliance with the other
628	state's requirement if that state has a reciprocal agreement
629	with this state relative to continuing education. A nonresident
630	licensee whose home state does not have such continuing
631	education requirements, and who is not licensed as a nonresident
632	licensee agent in a state that has continuing education
633	requirements and reciprocates with this state, must meet the
634	continuing education requirements of this state.
635	(k)  Any person who holds a license to solicit or sell life
636	insurance in this state must complete a minimum of 3 hours in
637	continuing education, approved by the department, on the subject
638	of suitability in annuity and life insurance transactions. This
639	requirement does not apply to an agent who does not have any
640	active life insurance or annuity contracts. In applying this
641	exemption, the department may require the filing of a
642	certification attesting that the agent has not sold life
643	insurance or annuities during the continuing education
644	compliance cycle in question and does not have any active life
645	insurance or annuity contracts. A licensee may use the hours
646	obtained under this paragraph to satisfy the requirement for
647	continuing education in ethics under paragraph (a).
648	(7)(4)  The following courses may be completed in order to
649	meet the elective continuing education course requirements:
650	(a)  Any part of the Life Underwriter Training Council Life
651	Course Curriculum: 24 hours; Health Course: 12 hours.
652	(b)  Any part of the American College "CLU" diploma
653	curriculum: 24 hours.
654	(c)  Any part of the Insurance Institute of America's
655	program in general insurance: 12 hours.
656	(d)  Any part of the American Institute for Property and
657	Liability Underwriters' Chartered Property Casualty Underwriter
658	(CPCU) professional designation program: 24 hours.
659	(e)  Any part of the Certified Insurance Counselor program:
660	21 hours.
661	(f)  Any part of the Accredited Advisor in Insurance: 21
662	hours.
663	(g)  In the case of title agents, completion of the
664	Certified Land Closer (CLC) professional designation program and
665	receipt of the designation: 24 hours.
666	(h)  In the case of title agents, completion of the
667	Certified Land Searcher (CLS) professional designation program
668	and receipt of the designation: 24 hours.
669	(i)  Any insurance-related course that which is approved by
670	the department and taught by an accredited college or university
671	per credit hour granted: 12 hours.
672	(j)  Any course, including courses relating to agency
673	management or errors and omissions, developed or sponsored by an
674	any authorized insurer or recognized agents' association or
675	insurance trade association or an any independent study program
676	of instruction, subject to approval by the department, qualifies
677	for the equivalency of the number of classroom hours assigned
678	thereto by the department. However, unless otherwise provided in
679	this section, continuing education hours may not be credited
680	toward meeting the requirements of this section unless the
681	course is provided by classroom instruction or results in a
682	monitored examination. A monitored examination is not required
683	for:
684	1.  An independent study program of instruction presented
685	through interactive, online technology that the department
686	determines has sufficient internal testing to validate the
687	student's full comprehension of the materials presented; or
688	2.  An independent study program of instruction presented
689	on paper or in printed material which that imposes a final
690	closed book examination that meets the requirements of the
691	department's rule for self-study courses. The examination may be
692	taken without a proctor if provided the student presents to the
693	provider a sworn affidavit certifying that the student did not
694	consult any written materials or receive outside assistance of
695	any kind or from any person, directly or indirectly, while
696	taking the examination. If the student is an employee of an
697	agency or corporate entity, the student's supervisor or a
698	manager or owner of the agency or corporate entity must also
699	sign the sworn affidavit. If the student is self-employed, a
700	sole proprietor, or a partner, or if the examination is
701	administered online, the sworn affidavit must also be signed by
702	a disinterested third party. The sworn affidavit must be
703	received by the approved provider before prior to reporting
704	continuing education credits to the department.
705	(8)(k)  Each person or entity sponsoring a course for
706	continuing education credit must furnish, within 15 30 days
707	after completion of the course, in a form satisfactory to the
708	department or its designee, a written and certified roster
709	showing the name and license number of all persons successfully
710	completing such course and requesting credit, accompanied by the
711	required fee.
712	(9)(5)  The department may immediately terminate or shall
713	refuse to renew the appointment of an any agent or adjuster who
714	has been notified by the department that who has not had his or
715	her continuing education requirements have not been certified,
716	unless the agent or adjuster has been granted an extension or
717	waiver by the department. The department may not issue a new
718	appointment of the same or similar type, with any insurer, to a
719	licensee an agent who was denied a renewal appointment for
720	failing failure to complete continuing education as required
721	until the licensee agent completes his or her continuing
722	education requirement.
723	(6)(a)  There is created an 11-member continuing education
724	advisory board to be appointed by the Chief Financial Officer.
725	Appointments shall be for terms of 4 years. The purpose of the
726	board is to advise the department in determining standards by
727	which courses may be evaluated and categorized as basic,
728	intermediate, or advanced. The board shall submit
729	recommendations to the department of changes needed in such
730	criteria not less frequently than every 2 years. The department
731	shall require all approved course providers to submit courses
732	for approval to the department using the criteria. All
733	materials, brochures, and advertisements related to the approved
734	courses must specify the level assigned to the course.
735	(b)  The board members shall be appointed as follows:
736	1.  Seven members representing agents of which at least one
737	must be a representative from each of the following
738	organizations: the Florida Association of Insurance Agents; the
739	Florida Association of Insurance and Financial Advisors; the
740	Professional Insurance Agents of Florida, Inc.; the Florida
741	Association of Health Underwriters; the Specialty Agents'
742	Association; the Latin American Agents' Association; and the
743	National Association of Insurance Women. Such board members must
744	possess at least a bachelor's degree or higher from an
745	accredited college or university with major coursework in
746	insurance, risk management, or education or possess the
747	designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In addition,
748	each member must possess 5 years of classroom instruction
749	experience or 5 years of experience in the development or design
750	of educational programs or 10 years of experience as a licensed
751	resident agent. Each organization may submit to the department a
752	list of recommendations for appointment. If one organization
753	does not submit a list of recommendations, the Chief Financial
754	Officer may select more than one recommended person from a list
755	submitted by other eligible organizations.
756	2.  Two members representing insurance companies at least
757	one of whom must represent a Florida Domestic Company and one of
758	whom must represent the Florida Insurance Council. Such board
759	members must be employed within the training department of the
760	insurance company. At least one such member must be a member of
761	the Society of Insurance Trainers and Educators.
762	3.  One member representing the general public who is not
763	directly employed in the insurance industry. Such board member
764	must possess a minimum of a bachelor's degree or higher from an
765	accredited college or university with major coursework in
766	insurance, risk management, training, or education.
767	4.  One member, appointed by the Chief Financial Officer,
768	who represents the department.
769	(c)  The members of the board shall serve at the pleasure
770	of the Chief Financial Officer. Each board member shall be
771	entitled to reimbursement for expenses pursuant to s. 112.061.
772	The board shall designate one member as chair. The board shall
773	meet at the call of the chair or the Chief Financial Officer.
774	(10)(7)  The department may contract services relative to
775	the administration of the continuing education program to a
776	private entity. The contract shall be procured as a contract for
777	a contractual service pursuant to s. 287.057.
778	Section 13.  Effective October 1, 2014, subsection (3) of
779	section 626.2815, Florida Statutes, as amended by this act, is
780	amended to read:
781	626.2815  Continuing education requirements.-
782	(3)  Each licensee subject to this section must, except as
783	set forth in paragraphs (b), (c), and (d), complete a 7-hour
784	update course every 2 years which is specific to the license
785	held by the licensee. The course must be developed and offered
786	by providers and approved by the department. The content of the
787	course must address all lines of insurance for which examination
788	and license is required and include the following subject areas:
789	insurance law updates, ethics for insurance professionals,
790	disciplinary trends and case studies, industry trends,
791	determining suitability of products and services, and other
792	similar insurance-related topics the department determines are
793	relevant to legally and ethically carrying out the
794	responsibilities of the license granted. A licensee who holds
795	multiple insurance licenses must complete an update course that
796	is specific to at least one of the licenses held. Except as
797	otherwise specified, any remaining required hours of continuing
798	education are elective and may consist of any continuing
799	education course approved by the department or under this
800	section minimum of 24 hours of continuing education courses
801	every 2 years in basic or higher-level courses prescribed by
802	this section or in other courses approved by the department.
803	(a)  Except as provided in paragraphs (b), (c), (d), (e),
804	and (f), each licensee must also complete 17 3 hours of elective
805	continuing education courses, approved by the department, every
806	2 years on the subject matter of ethics. Each licensed general
807	lines agent and customer representative must complete 1 hour of
808	continuing education, approved by the department, every 2 years
809	on the subject matter of premium discounts available on property
810	insurance policies based on various hurricane mitigation options
811	and the means for obtaining the discounts.
812	(b)  A licensee who has been licensed for 6 or more years
813	must also complete a minimum of 13 20 hours of elective
814	continuing education every 2 years in intermediate or advanced-
815	level courses prescribed by this section or in other courses
816	approved by the department.
817	(c)  A licensee who has been licensed for 25 years or more
818	and is a CLU or a CPCU or has a Bachelor of Science degree in
819	risk management or insurance with evidence of 18 or more
820	semester hours in upper-level insurance-related courses must
821	also complete a minimum of 3 10 hours of elective continuing
822	education courses every 2 years in courses prescribed by this
823	section or in other courses approved by the department.
824	(d)  An individual who holds a license as a customer
825	representative, limited customer representative, title agent,
826	motor vehicle physical damage and mechanical breakdown insurance
827	agent, crop or hail and multiple-peril crop insurance agent, or
828	an industrial fire insurance or burglary insurance agent and who
829	is not a licensed life or health agent, must also complete a
830	minimum of 3 10 hours of continuing education courses every two
831	years.
832	(e)  An individual who holds a license to solicit or sell
833	life or health insurance and a license to solicit or sell
834	property, casualty, surety, or surplus lines insurance must
835	complete courses in life or health insurance for one-half of the
836	total hours required and courses in property, casualty, surety,
837	or surplus lines insurance for one-half of the total hours
838	required. However, a licensee who holds an industrial fire or
839	burglary insurance license and who is a licensed life or health
840	agent must complete 4 hours of continuing education courses
841	every 2 years related to industrial fire or burglary insurance
842	and the remaining number of hours of continuing education
843	courses related to life or health insurance.
844	(e)  An individual subject to chapter 648 must complete the
845	7-hour update course and a minimum of 7 hours of elective
846	continuing education courses every 2 years.
847	(f)  Elective continuing education courses for public
848	adjusters must be specifically designed for public adjusters and
849	approved by the department. Notwithstanding this subsection,
850	public adjusters for workers' compensation insurance or health
851	insurance are not required to take continuing education courses
852	pursuant to this section.
853	(g)(f)  Excess hours accumulated during any 2-year
854	compliance period may be carried forward to the next compliance
855	period.
856	(h)(g)  An individual teaching an approved course of
857	instruction or lecturing at an any approved seminar and
858	attending the entire course or seminar qualifies for the same
859	number of classroom hours as would be granted to a person taking
860	and successfully completing such course or seminar. Credit is
861	limited to the number of hours actually taught unless a person
862	attends the entire course or seminar. An individual who is an
863	official of or employed by a governmental entity in this state
864	and serves as a professor, instructor, or other position or
865	office, the duties and responsibilities of which are determined
866	by the department to require monitoring and review of insurance
867	laws or insurance regulations and practices, is exempt from this
868	section.
869	Section 14.  Subsections (1) and (2) of section 626.292,
870	Florida Statutes, are amended to read:
871	626.292  Transfer of license from another state.-
872	(1)  An Any individual licensed in good standing in another
873	state may apply to the department to have the license
874	transferred to this state to obtain a Florida resident agent or
875	all-lines adjuster license for the same lines of authority
876	covered by the license in the other state.
877	(2)  To qualify for a license transfer, an individual
878	applicant must meet the following requirements:
879	(a)  The individual must shall become a resident of this
880	state.
881	(b)  The individual must shall have been licensed in
882	another state for a minimum of 1 year immediately preceding the
883	date the individual became a resident of this state.
884	(c)  The individual must shall submit a completed
885	application for this state which is received by the department
886	within 90 days after the date the individual became a resident
887	of this state, along with payment of the applicable fees set
888	forth in s. 624.501 and submission of the following documents:
889	1.  A certification issued by the appropriate official of
890	the applicant's home state identifying the type of license and
891	lines of authority under the license and stating that, at the
892	time the license from the home state was canceled, the applicant
893	was in good standing in that state or that the state's Producer
894	Database records, maintained by the National Association of
895	Insurance Commissioners, its affiliates, or subsidiaries,
896	indicate that the agent or all-lines adjuster is or was licensed
897	in good standing for the line of authority requested.
898	2.  A set of the individual applicant's fingerprints in
899	accordance with s. 626.171(4).
900	(d)  The individual must shall satisfy prelicensing
901	education requirements in this state, unless the completion of
902	prelicensing education requirements was a prerequisite for
903	licensure in the other state and the prelicensing education
904	requirements in the other state are substantially equivalent to
905	the prelicensing requirements of this state as determined by the
906	department. This paragraph does not apply to all-lines
907	adjusters.
908	(e)  The individual must shall satisfy the examination
909	requirement under s. 626.221, unless exempted exempt thereunder.
910	Section 15.  Subsections (2) and (3) of section 626.311,
911	Florida Statutes, are amended to read:
912	626.311  Scope of license.-
913	(2)  Except with respect as to a limited license as a
914	credit life or disability insurance agent, the license of a life
915	agent covers shall cover all classes of life insurance business.
916	(3)  Except with respect as to a limited license as a
917	travel personal accident insurance agent, the license of a
918	health agent covers shall cover all kinds of health insurance;
919	and such no license may not shall be issued limited to a
920	particular class of health insurance.
921	Section 16.  Subsections (1) and (4) of section 626.321,
922	Florida Statutes, are amended to read:
923	626.321  Limited licenses.-
924	(1)  The department shall issue to a qualified applicant
925	individual, or a qualified individual or entity under paragraphs
926	(c), (d), (e), and (i), a license as agent authorized to
927	transact a limited class of business in any of the following
928	categories of limited lines insurance:
929	(a)  Motor vehicle physical damage and mechanical breakdown
930	insurance.-License covering insurance against only the loss of
931	or damage to a any motor vehicle that which is designed for use
932	upon a highway, including trailers and semitrailers designed for
933	use with such vehicles. Such license also covers insurance
934	against the failure of an original or replacement part to
935	perform any function for which it was designed. The applicant
936	for such a license shall pass a written examination covering
937	motor vehicle physical damage insurance and mechanical breakdown
938	insurance. A licensee under this paragraph may not No individual
939	while so licensed shall hold a license as an agent for as to any
940	other or additional kind or class of insurance coverage except
941	as to a limited license for credit insurance life and disability
942	insurances as provided in paragraph (e). Effective October 1,
943	2012, all licensees holding such limited license and appointment
944	may renew the license and appointment, but no new or additional
945	licenses may be issued pursuant to this paragraph, and a
946	licensee whose limited license under this paragraph has been
947	terminated, suspended, or revoked may not have such license
948	reinstated.
949	(b)  Industrial fire insurance or burglary insurance.-
950	License covering only industrial fire insurance or burglary
951	insurance. The applicant for such a license must shall pass a
952	written examination covering such insurance. A licensee under
953	this paragraph may not No individual while so licensed shall
954	hold a license as an agent for as to any other or additional
955	kind or class of insurance coverage except for as to life
956	insurance and health insurance insurances.
957	(c)  Travel insurance.-License covering only policies and
958	certificates of travel insurance, which are subject to review by
959	the office under s. 624.605(1)(q). Policies and certificates of
960	travel insurance may provide coverage for risks incidental to
961	travel, planned travel, or accommodations while traveling,
962	including, but not limited to, accidental death and
963	dismemberment of a traveler; trip cancellation, interruption, or
964	delay; loss of or damage to personal effects or travel
965	documents; baggage delay; emergency medical travel or evacuation
966	of a traveler; or medical, surgical, and hospital expenses
967	related to an illness or emergency of a traveler. Any Such
968	policy or certificate may be issued for terms longer than 60
969	days, but each policy or certificate, other than a policy or
970	certificate providing coverage for air ambulatory services only,
971	each policy or certificate must be limited to coverage for
972	travel or use of accommodations of no longer than 60 days. The
973	license may be issued only:
974	1.  To a full-time salaried employee of a common carrier or
975	a full-time salaried employee or owner of a transportation
976	ticket agency and may authorize the sale of such ticket policies
977	only in connection with the sale of transportation tickets, or
978	to the full-time salaried employee of such an agent. No Such
979	policy may not shall be for a duration of more than 48 hours or
980	more than for the duration of a specified one-way trip or round
981	trip.
982	2.  To an entity or individual that is:
983	a.  The developer of a timeshare plan that is the subject
984	of an approved public offering statement under chapter 721;
985	b.  An exchange company operating an exchange program
986	approved under chapter 721;
987	c.  A managing entity operating a timeshare plan approved
988	under chapter 721;
989	d.  A seller of travel as defined in chapter 559; or
990	e.  A subsidiary or affiliate of any of the entities
991	described in sub-subparagraphs a.-d.
992
993	A licensee shall require each employee who offers policies or
994	certificates under this subparagraph to receive initial training
995	from a general lines agent or an insurer authorized under
996	chapter 624 to transact insurance within this state. For an
997	entity applying for a license as a travel insurance agent, the
998	fingerprinting requirement of this section applies only to the
999	president, secretary, and treasurer and to any other officer or
1000	person who directs or controls the travel insurance operations
1001	of the entity.
1002	(d)  Motor vehicle rental insurance.-
1003	1.  License covering only insurance of the risks set forth
1004	in this paragraph when offered, sold, or solicited with and
1005	incidental to the rental or lease of a motor vehicle and which
1006	applies only to the motor vehicle that is the subject of the
1007	lease or rental agreement and the occupants of the motor
1008	vehicle:
1009	a.  Excess motor vehicle liability insurance providing
1010	coverage in excess of the standard liability limits provided by
1011	the lessor in the lessor's lease to a person renting or leasing
1012	a motor vehicle from the licensee's employer for liability
1013	arising in connection with the negligent operation of the leased
1014	or rented motor vehicle.
1015	b.  Insurance covering the liability of the lessee to the
1016	lessor for damage to the leased or rented motor vehicle.
1017	c.  Insurance covering the loss of or damage to baggage,
1018	personal effects, or travel documents of a person renting or
1019	leasing a motor vehicle.
1020	d.  Insurance covering accidental personal injury or death
1021	of the lessee and any passenger who is riding or driving with
1022	the covered lessee in the leased or rented motor vehicle.
1023	2.  Insurance under a motor vehicle rental insurance
1024	license may be issued only if the lease or rental agreement is
1025	for no more than 60 days, the lessee is not provided coverage
1026	for more than 60 consecutive days per lease period, and the
1027	lessee is given written notice that his or her personal
1028	insurance policy providing coverage on an owned motor vehicle
1029	may provide coverage of such risks and that the purchase of the
1030	insurance is not required in connection with the lease or rental
1031	of a motor vehicle. If the lease is extended beyond 60 days, the
1032	coverage may be extended one time only for a period not to
1033	exceed an additional 60 days. Insurance may be provided to the
1034	lessee as an additional insured on a policy issued to the
1035	licensee's employer.
1036	3.  The license may be issued only to the full-time
1037	salaried employee of a licensed general lines agent or to a
1038	business entity that offers motor vehicles for rent or lease if
1039	insurance sales activities authorized by the license are in
1040	connection with and incidental to the rental or lease of a motor
1041	vehicle.
1042	a.  A license issued to a business entity that offers motor
1043	vehicles for rent or lease encompasses shall encompass each
1044	office, branch office, or place of business making use of the
1045	entity's business name in order to offer, solicit, and sell
1046	insurance pursuant to this paragraph.
1047	b.  The application for licensure must list the name,
1048	address, and phone number for each office, branch office, or
1049	place of business that is to be covered by the license. The
1050	licensee shall notify the department of the name, address, and
1051	phone number of any new location that is to be covered by the
1052	license before the new office, branch office, or place of
1053	business engages in the sale of insurance pursuant to this
1054	paragraph. The licensee must shall notify the department within
1055	30 days after closing or terminating an office, branch office,
1056	or place of business. Upon receipt of the notice, the department
1057	shall delete the office, branch office, or place of business
1058	from the license.
1059	c.  A licensed and appointed entity is directly responsible
1060	and accountable for all acts of the licensee's employees.
1061	(e)  Credit life or disability insurance.-License covering
1062	only credit life, credit or disability insurance, credit
1063	property, credit unemployment, involuntary unemployment,
1064	mortgage life, mortgage guaranty, mortgage disability,
1065	guaranteed automobile protection (GAP) insurance, and any other
1066	form of insurance offered in connection with an extension of
1067	credit which is limited to partially or wholly extinguishing a
1068	credit obligation that the department determines should be
1069	designated a form of limited line credit insurance. Effective
1070	October 1, 2012, all valid licenses held by persons for any of
1071	the lines of insurance listed in this paragraph shall be
1072	converted to a credit insurance license. Licensees who wish to
1073	obtain a new license reflecting such change must request a
1074	duplicate license and pay a $5 fee as specified in s.
1075	624.501(15). The license may be issued only to an individual
1076	employed by a life or health insurer as an officer or other
1077	salaried or commissioned representative, to an individual
1078	employed by or associated with a lending or financial
1079	institution or creditor, or to a lending or financial
1080	institution or creditor, and may authorize the sale of such
1081	insurance only with respect to borrowers or debtors of such
1082	lending or financing institution or creditor. However, only the
1083	individual or entity whose tax identification number is used in
1084	receiving or is credited with receiving the commission from the
1085	sale of such insurance shall be the licensed agent of the
1086	insurer. No individual while so licensed shall hold a license as
1087	an agent as to any other or additional kind or class of life or
1088	health insurance coverage. An entity holding a limited license
1089	under this paragraph is also authorized to sell credit insurance
1090	and credit property insurance.
1091	(f)  Credit insurance.-License covering only credit
1092	insurance, as such insurance is defined in s. 624.605(1)(i), and
1093	no individual or entity so licensed shall, during the same
1094	period, hold a license as an agent as to any other or additional
1095	kind of life or health insurance with the exception of credit
1096	life or disability insurance as defined in paragraph (e). The
1097	same licensing provisions as outlined in paragraph (e) apply to
1098	entities licensed as credit insurance agents under this
1099	paragraph.
1100	(g)  Credit property insurance.-A license covering only
1101	credit property insurance may be issued to any individual except
1102	an individual employed by or associated with a financial
1103	institution as defined in s. 655.005 and authorized to sell such
1104	insurance only with respect to a borrower or debtor, not to
1105	exceed the amount of the loan.
1106	(f)(h)  Crop hail and multiple-peril crop insurance.-
1107	License for insurance covering crops subject to unfavorable
1108	weather conditions, fire or lightening, flood, hail, insect
1109	infestation, disease, or other yield-reducing conditions or
1110	perils which is provided by the private insurance market, or
1111	which is subsidized by the Federal Group Insurance Corporation
1112	including multi-peril crop insurance only crop hail and
1113	multiple-peril crop insurance. Notwithstanding any other
1114	provision of law, the limited license may be issued to a bona
1115	fide salaried employee of an association chartered under the
1116	Farm Credit Act of 1971, 12 U.S.C. ss. 2001 et seq., who
1117	satisfactorily completes the examination prescribed by the
1118	department pursuant to s. 626.241(5). The limited agent must be
1119	appointed by, and his or her limited license requested by, a
1120	licensed general lines agent. All business transacted by the
1121	limited agent must be on shall be in behalf of, in the name of,
1122	and countersigned by the agent by whom he or she is appointed.
1123	Sections 626.561 and 626.748, relating to records, apply to all
1124	business written pursuant to this section. The limited licensee
1125	may be appointed by and licensed for only one general lines
1126	agent or agency.
1127	(g)(i)  In-transit and storage personal property insurance;
1128	communications equipment property insurance, communications
1129	equipment inland marine insurance, and communications equipment
1130	service warranty agreement sales.-
1131	1.  A License for insurance covering only the insurance of
1132	personal property not held for resale, covering the risks of
1133	transportation or storage in rented or leased motor vehicles,
1134	trailers, or self-service storage facilities, as the latter are
1135	defined in s. 83.803. Such license, may be issued, without
1136	examination, only to employees or authorized representatives of
1137	lessors who rent or lease motor vehicles, trailers, or self-
1138	service storage facilities and who are authorized by an insurer
1139	to issue certificates or other evidences of insurance to lessees
1140	of such motor vehicles, trailers, or self-service storage
1141	facilities under an insurance policy issued to the lessor. A
1142	person licensed under this paragraph must shall give a
1143	prospective purchaser of in-transit or storage personal property
1144	insurance written notice that his or her homeowner's policy may
1145	provide coverage for the loss of personal property and that the
1146	purchase of such insurance is not required under the lease
1147	terms.
1148	2.  A license covering only communications equipment, for
1149	the loss, theft, mechanical failure, malfunction of or damage
1150	to, communications equipment. The license may be issued only to:
1151	a.  Employees or authorized representatives of a licensed
1152	general lines agent;
1153	b.  The lead business location of a retail vendor of
1154	communications equipment and its branch locations; or
1155	c.  Employees, agents, or authorized representatives of a
1156	retail vendor of communications equipment.
1157
1158	The license authorizes the sale of such policies, or
1159	certificates under a group master policy, only with respect to
1160	the sale of, or provision of communications service for,
1161	communications equipment. A general lines agent is not required
1162	to obtain a license under this subparagraph to offer or sell
1163	communications equipment property insurance or communication
1164	equipment inland marine insurance. The license also authorizes
1165	sales of service warranty agreements covering only
1166	communications equipment to the same extent as if licensed under
1167	s. 634.419 or s. 634.420. The provisions of this chapter
1168	requiring submission of fingerprints do not apply to
1169	communications equipment licenses issued to qualified entities
1170	under this subparagraph. Licensees offering policies under this
1171	subparagraph must receive initial training from, and have a
1172	contractual relationship with, a general lines agent. For the
1173	purposes of this subparagraph, the term "communications
1174	equipment" means handsets, pagers, personal digital assistants,
1175	portable computers, automatic answering devices, and other
1176	devices or accessories used to originate or receive
1177	communications signals or service, and includes services related
1178	to the use of such devices, such as consumer access to a
1179	wireless network; however, the term does not include
1180	telecommunications switching equipment, transmission wires, cell
1181	site transceiver equipment, or other equipment and systems used
1182	by telecommunications companies to provide telecommunications
1183	service to consumers. A branch location of a retail vendor of
1184	communications equipment licensed pursuant to paragraph (2)(b)
1185	may, in lieu of obtaining an appointment from an insurer or
1186	warranty association as provided in paragraph (2)(c), obtain a
1187	single appointment from the associated lead business location
1188	licensee licensed under paragraph (2)(a) and pay the prescribed
1189	appointment fee under s. 624.501 provided the lead business
1190	location has a single appointment from each insurer or warranty
1191	association represented and such appointment provides that it
1192	applies to the lead business location and all of its branch
1193	locations. Any branch location individually appointed by an
1194	insurer under paragraph (2)(c) prior to January 1, 2006, may
1195	replace its appointments with an appointment from its lead
1196	location at no charge. Branch location appointments shall be
1197	renewed on the first annual anniversary of licensure of the lead
1198	business location occurring more than 24 months after the
1199	initial appointment date and every 24 months thereafter.
1200	Notwithstanding s. 624.501, after July 1, 2006, the renewal fee
1201	applicable to such branch location appointments shall be $30 per
1202	appointment.
1203	(h)  Portable electronics insurance.-License for property
1204	insurance or inland marine insurance that covers only loss,
1205	theft, mechanical failure, malfunction, or damage for portable
1206	electronics.
1207	1.  The license may be issued only to:
1208	a.  Employees or authorized representatives of a licensed
1209	general lines agent; or
1210	b.  The lead business location of a retail vendor that
1211	sells portable electronics insurance. The lead business location
1212	must have a contractual relationship with a general lines agent.
1213	2.  Employees or authorized representatives of a licensee
1214	under subparagraph 1. may sell or offer for sale portable
1215	electronics coverage without being subject to licensure as an
1216	insurance agent if:
1217	a.  Such insurance is sold or offered for sale at a
1218	licensed location or at one of the licensee's branch locations
1219	if the branch location is appointed by the licensed lead
1220	business location or its appointing insurers;
1221	b.  The insurer issuing the insurance directly supervises
1222	or appoints a general lines agent to supervise the sale of such
1223	insurance, including the development of a training program for
1224	the employees and authorized representatives of vendors that are
1225	directly engaged in the activity of selling or offering the
1226	insurance; and
1227	c.  At each location where the insurance is offered,
1228	brochures or other written materials that provide the
1229	information required by this subparagraph are made available to
1230	all prospective customers. The brochures or written materials
1231	may include information regarding portable electronics
1232	insurance, service warranty agreements, or other incidental
1233	services or benefits offered by a licensee.
1234	3.  Individuals not licensed to sell portable electronics
1235	insurance may not be paid commissions based on the sale of such
1236	coverage. However, a licensee who uses a compensation plan for
1237	employees and authorized representatives which includes
1238	supplemental compensation for the sale of noninsurance products,
1239	in addition to a regular salary or hourly wages, may include
1240	incidental compensation for the sale of portable electronics
1241	insurance as a component of the overall compensation plan.
1242	4.  Brochures or other written materials related to
1243	portable electronics insurance must:
1244	a.  Disclose that such insurance may duplicate coverage
1245	already provided by a customer's homeowners' insurance policy,
1246	renters' insurance policy, or other source of coverage;
1247	b.  State that enrollment in insurance coverage is not
1248	required in order to purchase or lease portable electronics or
1249	services;
1250	c.  Summarize the material terms of the insurance coverage,
1251	including the identity of the insurer, the identity of the
1252	supervising entity, the amount of any applicable deductible and
1253	how it is to be paid, the benefits of coverage, and key terms
1254	and conditions of coverage, such as whether portable electronics
1255	may be repaired or replaced with similar make and model
1256	reconditioned or nonoriginal manufacturer parts or equipment;
1257	d.  Summarize the process for filing a claim, including a
1258	description of how to return portable electronics and the
1259	maximum fee applicable if the customer fails to comply with
1260	equipment return requirements; and
1261	e.  State that an enrolled customer may cancel coverage at
1262	any time and that the person paying the premium will receive a
1263	refund of any unearned premium.
1264	5.  A licensed and appointed general lines agent is not
1265	required to obtain a portable electronics insurance license to
1266	offer or sell portable electronics insurance at locations
1267	already licensed as an insurance agency, but may apply for a
1268	portable electronics insurance license for branch locations not
1269	otherwise licensed to sell insurance.
1270	6.  A portable electronics license authorizes the sale of
1271	individual policies or certificates under a group or master
1272	insurance policy. The license also authorizes the sale of
1273	service warranty agreements covering only portable electronics
1274	to the same extent as if licensed under s. 634.419 or s.
1275	634.420.
1276	7.  A licensee may bill and collect the premium for the
1277	purchase of portable electronics insurance provided that:
1278	a.  If the insurance is included with the purchase or lease
1279	of portable electronics or related services, the licensee
1280	clearly and conspicuously discloses that insurance coverage is
1281	included with the purchase. Disclosure of the dollar amount of
1282	the premium for the insurance must be made on the customer's
1283	bill and in any marketing materials made available at the point
1284	of sale. If the insurance is not included, the charge to the
1285	customer for the insurance must be separately itemized on the
1286	customer's bill.
1287	b.  Premiums are incidental to other fees collected, are
1288	maintained in a manner that is readily identifiable, and are
1289	accounted for and remitted to the insurer or supervising entity
1290	within 60 days of receipt. Licensees are not required to
1291	maintain such funds in a segregated account.
1292	c.  All funds received by a licensee from an enrolled
1293	customer for the sale of the insurance are considered funds held
1294	in trust by the licensee in a fiduciary capacity for the benefit
1295	of the insurer. Licensees may receive compensation for billing
1296	and collection services.
1297	8.  Notwithstanding any other provision of law, the terms
1298	for the termination or modification of coverage under a policy
1299	of portable electronics insurance are those set forth in the
1300	policy.
1301	9.  Notice or correspondence required by the policy, or
1302	otherwise required by law, may be provided by electronic means
1303	if the insurer or licensee maintains proof that the notice or
1304	correspondence was sent. Such notice or correspondence may be
1305	sent on behalf of the insurer or licensee by the general lines
1306	agent appointed by the insurer to supervise the administration
1307	of the program. For purposes of this subparagraph, an enrolled
1308	customer's provision of an electronic mail address to the
1309	insurer or licensee is deemed to be consent to receive notices
1310	and correspondence by electronic means if a conspicuously
1311	located disclosure is provided to the customer indicating the
1312	same.
1313	10.  The provisions of this chapter requiring submission of
1314	fingerprints do not apply to licenses issued to qualified
1315	entities under this paragraph.
1316	11.  A branch location that sells portable electronics
1317	insurance may, in lieu of obtaining an appointment from an
1318	insurer or warranty association, obtain a single appointment
1319	from the associated lead business location licensee and pay the
1320	prescribed appointment fee under s. 624.501 if the lead business
1321	location has a single appointment from each insurer or warranty
1322	association represented and such appointment applies to the lead
1323	business location and all of its branch locations. Branch
1324	location appointments shall be renewed on the first annual
1325	anniversary of licensure of the lead business location occurring
1326	more than 24 months after the initial appointment date and every
1327	24 months thereafter. Notwithstanding s. 624.501, the renewal
1328	fee applicable to such branch location appointments is $30 per
1329	appointment.
1330	12.  For purposes of this paragraph:
1331	a.  "Branch location" means any physical location in this
1332	state at which a licensee offers its products or services for
1333	sale.
1334	b.  "Portable electronics" means personal, self-contained,
1335	easily carried by an individual, battery-operated electronic
1336	communication, viewing, listening, recording, gaming, computing
1337	or global positioning devices, including cell or satellite
1338	phones, pagers, personal global positioning satellite units,
1339	portable computers, portable audio listening, video viewing or
1340	recording devices, digital cameras, video camcorders, portable
1341	gaming systems, docking stations, automatic answering devices,
1342	and other similar devices and their accessories, and service
1343	related to the use of such devices.
1344	c.  "Portable electronics transaction" means the sale or
1345	lease of portable electronics or a related service, including
1346	portable electronics insurance.
1347	(4)  Except as otherwise expressly provided, a person
1348	applying for or holding a limited license is shall be subject to
1349	the same applicable requirements and responsibilities that as
1350	apply to general lines agents in general, if licensed as to
1351	motor vehicle physical damage and mechanical breakdown
1352	insurance, credit property insurance, industrial fire insurance
1353	or burglary insurance, motor vehicle rental insurance, credit
1354	insurance, crop hail and multiple-peril crop insurance, in-
1355	transit and storage personal property insurance, or portable
1356	electronics insurance communications equipment property
1357	insurance or communications equipment inland marine insurance,
1358	baggage and motor vehicle excess liability insurance, or credit
1359	insurance; or as apply to life agents or health agents in
1360	general, as applicable the case may be, if licensed as to travel
1361	personal accident insurance or credit life or credit disability
1362	insurance.
1363	Section 17.  Section 626.342, Florida Statutes, is amended
1364	to read:
1365	626.342  Furnishing supplies to unlicensed life, health, or
1366	general lines agent prohibited; civil liability.-
1367	(1)  An insurer, a managing general agent, an insurance
1368	agency, or an agent, directly or through a any representative,
1369	may not furnish to an any agent any blank forms, applications,
1370	stationery, or other supplies to be used in soliciting,
1371	negotiating, or effecting contracts of insurance on its behalf
1372	unless such blank forms, applications, stationery, or other
1373	supplies relate to a class of business for with respect to which
1374	the agent is licensed and appointed, whether for that insurer or
1375	another insurer.
1376	(2)  An Any insurer, general agent, insurance agency, or
1377	agent who furnishes any of the supplies specified in subsection
1378	(1) to an any agent or prospective agent not appointed to
1379	represent the insurer and who accepts from or writes any
1380	insurance business for such agent or agency is subject to civil
1381	liability to an any insured of such insurer to the same extent
1382	and in the same manner as if such agent or prospective agent had
1383	been appointed or authorized by the insurer or such agent to act
1384	on in its or his or her behalf. The provisions of this
1385	subsection do not apply to insurance risk apportionment plans
1386	under s. 627.351.
1387	(3)  This section does not apply to the placing of surplus
1388	lines business under the provisions of ss. 626.913-626.937.
1389	Section 18.  Subsection (1) of section 626.381, Florida
1390	Statutes, is amended to read:
1391	626.381  Renewal, continuation, reinstatement, or
1392	termination of appointment.-
1393	(1)  The appointment of an appointee continues shall
1394	continue in force until suspended, revoked, or otherwise
1395	terminated, but is subject to a renewal request filed by the
1396	appointing entity in the appointee's birth month as to natural
1397	persons or the month the original appointment was issued license
1398	date as to entities and every 24 months thereafter, accompanied
1399	by payment of the renewal appointment fee and taxes as
1400	prescribed in s. 624.501.
1401	Section 19.  Section 626.536, Florida Statutes, is amended
1402	to read:
1403	626.536  Reporting of administrative actions.-Each agent
1404	and insurance agency shall submit to the department, Within 30
1405	days after the final disposition of an any administrative action
1406	taken against a licensee the agent or insurance agency by a
1407	governmental agency or other regulatory agency in this or any
1408	other state or jurisdiction relating to the business of
1409	insurance, the sale of securities, or activity involving fraud,
1410	dishonesty, trustworthiness, or breach of a fiduciary duty, the
1411	licensee or insurance agency must submit a copy of the order,
1412	consent to order, or other relevant legal documents to the
1413	department. The department may adopt rules to administer
1414	implementing the provisions of this section.
1415	Section 20.  Section 626.551, Florida Statutes, is amended
1416	to read:
1417	626.551  Notice of change of address, name.-A Every
1418	licensee must shall notify the department, in writing, within 30
1419	60 days after a change of name, residence address, principal
1420	business street address, mailing address, contact telephone
1421	numbers, including a business telephone number, or e-mail
1422	address. A licensee licensed agent who has moved his or her
1423	residence from this state shall have his or her license and all
1424	appointments immediately terminated by the department. Failure
1425	to notify the department within the required time period shall
1426	result in a fine not to exceed $250 for the first offense and,
1427	for subsequent offenses, a fine of at least $500 or suspension
1428	or revocation of the license pursuant to s. 626.611, s.
1429	626.6115, or s. 626.621, or s. 626.6215 for a subsequent
1430	offense. The department may adopt rules to administer and
1431	enforce this section.
1432	Section 21.  Subsection (14) is added to section 626.621,
1433	Florida Statutes, to read:
1434	626.621  Grounds for discretionary refusal, suspension, or
1435	revocation of agent's, adjuster's, customer representative's,
1436	service representative's, or managing general agent's license or
1437	appointment.-The department may, in its discretion, deny an
1438	application for, suspend, revoke, or refuse to renew or continue
1439	the license or appointment of any applicant, agent, adjuster,
1440	customer representative, service representative, or managing
1441	general agent, and it may suspend or revoke the eligibility to
1442	hold a license or appointment of any such person, if it finds
1443	that as to the applicant, licensee, or appointee any one or more
1444	of the following applicable grounds exist under circumstances
1445	for which such denial, suspension, revocation, or refusal is not
1446	mandatory under s. 626.611:
1447	(14)  Failure to comply with any civil, criminal, or
1448	administrative action taken by the child support enforcement
1449	program under Title IV-D of the Social Security Act, 42 U.S.C.
1450	ss. 651 et seq., to determine paternity or to establish, modify,
1451	enforce, or collect support.
1452	Section 22.  Subsection (4) of section 626.641, Florida
1453	Statutes, is amended to read:
1454	626.641  Duration of suspension or revocation.-
1455	(4)  During the period of suspension or revocation of a the
1456	license or appointment, and until the license is reinstated or,
1457	if revoked, a new license issued, the former licensee or
1458	appointee may shall not engage in or attempt or profess to
1459	engage in any transaction or business for which a license or
1460	appointment is required under this code or directly or
1461	indirectly own, control, or be employed in any manner by an any
1462	insurance agent, or agency, or adjuster, or adjusting firm.
1463	Section 23.  Subsection (1) of section 626.651, Florida
1464	Statutes, is amended to read:
1465	626.651  Effect of suspension, revocation upon associated
1466	licenses and appointments and licensees and appointees.-
1467	(1)  Upon suspension, revocation, or refusal to renew or
1468	continue any one license of an insurance agent or customer
1469	representative, or upon suspension or revocation of eligibility
1470	to hold a license or appointment, the department shall at the
1471	same time likewise suspend or revoke all other licenses,
1472	appointments, or status of eligibility held by the licensee or
1473	appointee under this code.
1474	Section 24.  Subsection (4) of section 626.730, Florida
1475	Statutes, is amended to read:
1476	626.730  Purpose of license.-
1477	(4)  This section does not prohibit the licensing, under a
1478	limited license for credit insurance, a person who is as to
1479	motor vehicle physical damage and mechanical breakdown insurance
1480	or credit property insurance of any person employed by or
1481	associated with a motor vehicle sales or financing agency, a
1482	retail sales establishment, or a consumer loan office, for the
1483	purpose of insuring other than a consumer loan office owned by
1484	or affiliated with a financial institution as defined in s.
1485	655.005, with respect to insurance of the interest of such
1486	agency, establishment, or office in a motor vehicle sold or
1487	financed by it or in personal property if used as collateral for
1488	a loan.
1489	(5)  This section does not apply with respect to the
1490	interest of a real estate mortgagee in or as to insurance
1491	covering such interest or in the real estate subject to such
1492	mortgage.
1493	Section 25.  Section 626.732, Florida Statutes, is amended
1494	to read:
1495	626.732  Requirement as to knowledge, experience, or
1496	instruction.-
1497	(1)  Except as provided in subsection (4) (3), an no
1498	applicant for a license as a general lines agent or personal
1499	lines agent, except for a chartered property and casualty
1500	underwriter (CPCU), may not other than as to a limited license
1501	as to baggage and motor vehicle excess liability insurance,
1502	credit property insurance, credit insurance, in-transit and
1503	storage personal property insurance, or communications equipment
1504	property insurance or communication equipment inland marine
1505	insurance, shall be qualified or licensed unless, within the 4
1506	years immediately preceding the date the application for license
1507	is filed with the department, the applicant has:
1508	(a)  Taught or successfully completed classroom courses in
1509	insurance, 3 hours of which must shall be on the subject matter
1510	of ethics, satisfactory to the department at a school, college,
1511	or extension division thereof, approved by the department. To
1512	qualify for licensure as a personal lines agent, the applicant
1513	must complete a total of 52 hours of classroom courses in
1514	insurance;
1515	(b)  Completed a correspondence course in insurance, 3
1516	hours of which must shall be on the subject matter of ethics,
1517	satisfactory to the department and regularly offered by
1518	accredited institutions of higher learning in this state, and
1519	have, except if he or she is applying for a limited license
1520	under s. 626.321, for licensure as a general lines agent, has
1521	had at least 6 months of responsible insurance duties as a
1522	substantially full-time bona fide employee in all lines of
1523	property and casualty insurance set forth in the definition of
1524	general lines agent under s. 626.015 or, for licensure as a
1525	personal lines agent, has completed at least 3 months in
1526	responsible insurance duties as a substantially full-time
1527	employee in property and casualty insurance sold to individuals
1528	and families for noncommercial purposes;
1529	(c)  For licensure as a general lines agent, Completed at
1530	least 1 year in responsible insurance duties as a substantially
1531	full-time bona fide employee in all lines of property and
1532	casualty insurance, exclusive of aviation and wet marine and
1533	transportation insurances but not exclusive of boats of less
1534	than 36 feet in length or aircraft not held out for hire, as set
1535	forth in the definition of a general lines agent under s.
1536	626.015, but without the education requirement described
1537	mentioned in paragraph (a) or paragraph (b) or, for licensure as
1538	a personal lines agent, has completed at least 6 months in
1539	responsible insurance duties as a substantially full-time
1540	employee in property and casualty insurance sold to individuals
1541	and families for noncommercial purposes without the education
1542	requirement in paragraph (a) or paragraph (b);
1543	(d)1.  For licensure as a general lines agent, Completed at
1544	least 1 year of responsible insurance duties as a licensed and
1545	appointed customer representative or limited customer
1546	representative in commercial or personal lines of property and
1547	casualty insurance and 40 hours of classroom courses approved by
1548	the department covering the areas of property, casualty, surety,
1549	health, and marine insurance; or
1550	2.  For licensure as a personal lines agent, completed at
1551	least 6 months of responsible duties as a licensed and appointed
1552	customer representative or limited customer representative in
1553	property and casualty insurance sold to individuals and families
1554	for noncommercial purposes and 20 hours of classroom courses
1555	approved by the department which are related to property and
1556	casualty insurance sold to individuals and families for
1557	noncommercial purposes;
1558	(e)1.  For licensure as a general lines agent, Completed at
1559	least 1 year of responsible insurance duties as a licensed and
1560	appointed service representative in either commercial or
1561	personal lines of property and casualty insurance and 80 hours
1562	of classroom courses approved by the department covering the
1563	areas of property, casualty, surety, health, and marine
1564	insurance.; or
1565	2.  For licensure as a personal lines agent, completed at
1566	least 6 months of responsible insurance duties as a licensed and
1567	appointed service representative in property and casualty
1568	insurance sold to individuals and families for noncommercial
1569	purposes and 40 hours of classroom courses approved by the
1570	department related to property and casualty insurance sold to
1571	individuals and families for noncommercial purposes; or
1572	(2)  Except as provided under subsection (4), an applicant
1573	for a license as a personal lines agent, except for a chartered
1574	property and casualty underwriter (CPCU), may not be qualified
1575	or licensed unless, within the 4 years immediately preceding the
1576	date the application for license is filed with the department,
1577	the applicant has:
1578	(a)  Taught or successfully completed classroom courses in
1579	insurance, 3 hours of which must be on the subject matter of
1580	ethics, at a school, college, or extension division thereof,
1581	approved by the department. To qualify for licensure, the
1582	applicant must complete a total of 52 hours of classroom courses
1583	in insurance;
1584	(b)  Completed a correspondence course in insurance, 3
1585	hours of which must be on the subject matter of ethics,
1586	satisfactory to the department and regularly offered by
1587	accredited institutions of higher learning in this state, and
1588	completed at least 3 months of responsible insurance duties as a
1589	substantially full-time employee in the area of property and
1590	casualty insurance sold to individuals and families for
1591	noncommercial purposes;
1592	(c)  Completed at least 6 months of responsible insurance
1593	duties as a substantially full-time employee in the area of
1594	property and casualty insurance sold to individuals and families
1595	for noncommercial purposes, but without the education
1596	requirement described in paragraph (a) or paragraph (b);
1597	(d)  Completed at least 6 months of responsible duties as a
1598	licensed and appointed customer representative or limited
1599	customer representative in property and casualty insurance sold
1600	to individuals and families for noncommercial purposes and 20
1601	hours of classroom courses approved by the department which are
1602	related to property and casualty insurance sold to individuals
1603	and families for noncommercial purposes;
1604	(e)  Completed at least 6 months of responsible insurance
1605	duties as a licensed and appointed service representative in
1606	property and casualty insurance sold to individuals and families
1607	for noncommercial purposes and 40 hours of classroom courses
1608	approved by the department related to property and casualty
1609	insurance sold to individuals and families for noncommercial
1610	purposes; or
1611	(f)  For licensure as a personal lines agent, Completed at
1612	least 3 years of responsible duties as a licensed and appointed
1613	customer representative in property and casualty insurance sold
1614	to individuals and families for noncommercial purposes.
1615	(3)(2)  If Where an applicant's qualifications as required
1616	under subsection (1) or subsection (2) in paragraph (1)(b)or
1617	paragraph (1)(c) are based in part upon the periods of
1618	employment in at responsible insurance duties prescribed
1619	therein, the applicant shall submit with the license application
1620	for license, on a form prescribed by the department, an the
1621	affidavit of his or her employer setting forth the period of
1622	such employment, that the employment same was substantially
1623	full-time, and giving a brief abstract of the nature of the
1624	duties performed by the applicant.
1625	(4)(3)  An individual who was or became qualified to sit
1626	for an agent's, customer representative's, or adjuster's
1627	examination at or during the time he or she was employed by the
1628	department or office and who, while so employed, was employed in
1629	responsible insurance duties as a full-time bona fide employee
1630	may shall be permitted to take an examination if application for
1631	such examination is made within 90 days after the date of
1632	termination of his or her employment with the department or
1633	office.
1634	(5)(4)  Classroom and correspondence courses under
1635	subsections (1) and (2) subsection (1) must include instruction
1636	on the subject matter of unauthorized entities engaging in the
1637	business of insurance. The scope of the topic of unauthorized
1638	entities must shall include the Florida Nonprofit Multiple-
1639	Employer Welfare Arrangement Act and the Employee Retirement
1640	Income Security Act, 29 U.S.C. ss. 1001 et seq., as it relates
1641	to the provision of health insurance by employers and the
1642	regulation thereof.
1643	(6)  This section does not apply to an individual holding
1644	only a limited license for travel insurance, motor vehicle
1645	rental insurance, credit insurance, in-transit and storage
1646	personal property insurance, or portable electronics insurance.
1647	Section 26.  Section 626.8411, Florida Statutes, is amended
1648	to read:
1649	626.8411  Application of Florida Insurance Code provisions
1650	to title insurance agents or agencies.-
1651	(1)  The following provisions of part II, as applicable to
1652	general lines agents or agencies, also apply to title insurance
1653	agents or agencies:
1654	(a)  Section 626.734, relating to liability of certain
1655	agents.
1656	(b)  Section 626.175, relating to temporary licenses.
1657	(b)(c)  Section 626.747, relating to branch agencies.
1658	(c)  Section 626.749, relating to place of business in
1659	residence.
1660	(d)  Section 626.753, relating to sharing of commissions.
1661	(e)  Section 626.754, relating to rights of agent following
1662	termination of appointment.
1663	(2)  The following provisions of part I do not apply to
1664	title insurance agents or title insurance agencies:
1665	(a)  Section 626.112(7), relating to licensing of insurance
1666	agencies.
1667	(b)  Section 626.231, relating to eligibility for
1668	examination.
1669	(c)  Section 626.572, relating to rebating, when allowed.
1670	(d)  Section 626.172, relating to agent in full-time
1671	charge.
1672	Section 27.  Section 626.8418, Florida Statutes, is amended
1673	to read:
1674	626.8418  Application for title insurance agency license.-
1675	Before Prior to doing business in this state as a title
1676	insurance agency, the a title insurance agency must meet all of
1677	the following requirements:
1678	(1)  The applicant must file with the department an
1679	application for a license as a title insurance agency, on
1680	printed forms furnished by the department, which include that
1681	includes all of the following:
1682	(1)(a)  The name of each majority owner, partner, officer,
1683	and director of the agency.
1684	(2)(b)  The residence address of each person required to be
1685	listed under subsection (1) paragraph (a).
1686	(3)(c)  The name of the agency and its principal business
1687	address.
1688	(4)(d)  The location of each agency office and the name
1689	under which each agency office conducts or will conduct
1690	business.
1691	(5)(e)  The name of each agent to be in full-time charge of
1692	an agency office and the identification specification of such
1693	which office.
1694	(6)(f)  Such additional information as the department
1695	requires by rule to ascertain the trustworthiness and competence
1696	of persons required to be listed on the application and to
1697	ascertain that such persons meet the requirements of this code.
1698	(2)  The applicant must have deposited with the department
1699	securities of the type eligible for deposit under s. 625.52 and
1700	having at all times a market value of not less than $35,000. In
1701	place of such deposit, the title insurance agency may post a
1702	surety bond of like amount payable to the department for the
1703	benefit of any appointing insurer damaged by a violation by the
1704	title insurance agency of its contract with the appointing
1705	insurer. If a properly documented claim is timely filed with the
1706	department by a damaged title insurer, the department may remit
1707	an appropriate amount of the deposit or the proceeds that are
1708	received from the surety in payment of the claim. The required
1709	deposit or bond must be made by the title insurance agency, and
1710	a title insurer may not provide the deposit or bond directly or
1711	indirectly on behalf of the title insurance agency. The deposit
1712	or bond must secure the performance by the title insurance
1713	agency of its duties and responsibilities under the issuing
1714	agency contracts with each title insurer for which it is
1715	appointed. The agency may exchange or substitute other
1716	securities of like quality and value for securities on deposit,
1717	may receive the interest and other income accruing on such
1718	securities, and may inspect the deposit at all reasonable times.
1719	Such deposit or bond must remain unimpaired as long as the title
1720	insurance agency continues in business in this state and until 1
1721	year after termination of all title insurance agency
1722	appointments held by the title insurance agency. The title
1723	insurance agency is entitled to the return of the deposit or
1724	bond together with accrued interest after such year has passed,
1725	if no claim has been made against the deposit or bond. If a
1726	surety bond is unavailable generally, the department may adopt
1727	rules for alternative methods to comply with this subsection.
1728	With respect to such alternative methods for compliance, the
1729	department must be guided by the past business performance and
1730	good reputation and character of the proposed title insurance
1731	agency. A surety bond is deemed to be unavailable generally if
1732	the prevailing annual premium exceeds 25 percent of the
1733	principal amount of the bond.
1734	Section 28.  Section 626.8548, Florida Statutes, is created
1735	to read:
1736	626.8548  "All-lines adjuster" defined.-An "all-lines
1737	adjuster" is a person who is self-employed or employed by an
1738	insurer, a wholly owned subsidiary of an insurer, or an
1739	independent adjusting firm or other independent adjuster, and
1740	who undertakes on behalf of an insurer or other insurers under
1741	common control or ownership to ascertain and determine the
1742	amount of any claim, loss, or damage payable under an insurance
1743	contract or undertakes to effect settlement of such claim, loss,
1744	or damage. The term does not apply to life insurance or annuity
1745	contracts.
1746	Section 29.  Section 626.855, Florida Statutes, is amended
1747	to read:
1748	626.855  "Independent adjuster" defined.-An "independent
1749	adjuster" means a is any person licensed as an all-lines
1750	adjuster who is self-appointed self-employed or appointed and is
1751	associated with or employed by an independent adjusting firm or
1752	other independent adjuster, and who undertakes on behalf of an
1753	insurer to ascertain and determine the amount of any claim,
1754	loss, or damage payable under an insurance contract or
1755	undertakes to effect settlement of such claim, loss, or damage.
1756	Section 30.  Section 626.856, Florida Statutes, is amended
1757	to read:
1758	626.856  "Company employee adjuster" defined.-A "company
1759	employee adjuster" means is a person licensed as an all-lines
1760	adjuster who is appointed and employed on an insurer's staff of
1761	adjusters or a wholly owned subsidiary of the insurer, and who
1762	undertakes on behalf of such insurer or other insurers under
1763	common control or ownership to ascertain and determine the
1764	amount of any claim, loss, or damage payable under a contract of
1765	insurance, or undertakes to effect settlement of such claim,
1766	loss, or damage.
1767	Section 31.  Section 626.858, Florida Statutes, is
1768	repealed.
1769	Section 32.  Section 626.8584, Florida Statutes, is amended
1770	to read:
1771	626.8584  "Nonresident all-lines independent adjuster"
1772	defined.-A "nonresident all-lines independent adjuster" means is
1773	a person who:
1774	(1)  Is not a resident of this state;
1775	(2)  Is a currently licensed as an independent adjuster in
1776	his or her state of residence for all lines of insurance except
1777	life and annuities the type or kinds of insurance for which the
1778	licensee intends to adjust claims in this state or, if a
1779	resident of a state that does not license such independent
1780	adjusters, meets the qualifications has passed the department's
1781	adjuster examination as prescribed in s. 626.8734(1)(b); and
1782	(3)  Is licensed as an all-lines adjuster and self-
1783	appointed or appointed and a self-employed independent adjuster
1784	or associated with or employed by an independent adjusting firm
1785	or other independent adjuster, by an insurer admitted to do
1786	business in this state or a wholly-owned subsidiary of an
1787	insurer admitted to do business in this state, or by other
1788	insurers under the common control or ownership of such insurer.
1789	Section 33.  Section 626.863, Florida Statutes, is amended
1790	to read:
1791	626.863  Claims referrals to Licensed independent adjusters
1792	required; insurers' responsibility.-
1793	(1)  An insurer may shall not knowingly refer any claim or
1794	loss for adjustment in this state to any person purporting to be
1795	or acting as an independent adjuster unless the person is
1796	currently licensed as an all-lines adjuster and appointed as an
1797	independent adjuster under this code.
1798	(2)  Before referring any claim or loss, the insurer shall
1799	ascertain from the department whether the proposed independent
1800	adjuster is currently licensed as an all-lines adjuster and
1801	appointed as an independent adjuster such. Having once
1802	ascertained that a particular person is so licensed and
1803	appointed, the insurer may assume that he or she will continue
1804	to be so licensed and appointed until the insurer has knowledge,
1805	or receives information from the department, to the contrary.
1806	(3)  This section does not apply to catastrophe or
1807	emergency adjusters as provided for in this part.
1808	Section 34.  Section 626.864, Florida Statutes, is amended
1809	to read:
1810	626.864  Adjuster license types.-
1811	(1)  A qualified individual may be licensed and appointed
1812	as either:
1813	(a)  A public adjuster; or
1814	(b)  An all-lines independent adjuster; or
1815	(c)  A company employee adjuster.
1816	(2)  The same individual may shall not be concurrently
1817	licensed appointed as a public adjuster and an all-lines
1818	adjuster to more than one of the adjuster types referred to in
1819	subsection (1).
1820	(3)  An all-lines adjuster may be appointed as an
1821	independent adjuster or company employee adjuster, but not both
1822	concurrently.
1823	Section 35.  Paragraph (e) is added to subsection (1) of
1824	section 626.865, Florida Statutes, to read:
1825	626.865  Public adjuster's qualifications, bond.-
1826	(1)  The department shall issue a license to an applicant
1827	for a public adjuster's license upon determining that the
1828	applicant has paid the applicable fees specified in s. 624.501
1829	and possesses the following qualifications:
1830	(e)  Is licensed as a public adjuster apprentice under s.
1831	626.8651 and complies with the requirements of that license
1832	throughout the licensure period.
1833	Section 36.  Section 626.866, Florida Statutes, is amended
1834	to read:
1835	626.866  All-lines adjuster Independent adjuster's
1836	qualifications.-The department shall issue a license to an
1837	applicant for an all-lines adjuster independent adjuster's
1838	license to an applicant upon determining that the applicable
1839	license fee specified in s. 624.501 has been paid and that the
1840	applicant possesses the following qualifications:
1841	(1)  Is a natural person at least 18 years of age.
1842	(2)  Is a United States citizen or legal alien who
1843	possesses work authorization from the United States Bureau of
1844	Citizenship and Immigration Services and a bona fide resident of
1845	this state.
1846	(3)  Is trustworthy and has such business reputation as
1847	would reasonably assure that the applicant will conduct his or
1848	her business as insurance adjuster fairly and in good faith and
1849	without detriment to the public.
1850	(4)  Has had sufficient experience, training, or
1851	instruction concerning the adjusting of damage or loss under
1852	insurance contracts, other than life and annuity contracts, is
1853	sufficiently informed as to the terms and the effects of the
1854	provisions of such types of contracts, and possesses adequate
1855	knowledge of the insurance laws of this state relating to such
1856	contracts as to enable and qualify him or her to engage in the
1857	business of insurance adjuster fairly and without injury to the
1858	public or any member thereof with whom he or she may have
1859	relations as an insurance adjuster and to adjust all claims in
1860	accordance with the policy or contract and the insurance laws of
1861	this state.
1862	(5)  Has passed any required written examination or has met
1863	one of the exemptions prescribed under s. 626.221.
1864	Section 37.  Section 626.867, Florida Statutes, is
1865	repealed.
1866	Section 38.  Section 626.869, Florida Statutes, is amended
1867	to read:
1868	626.869  License, adjusters; continuing education.-
1869	(1)  Having An applicant for a license as an all-lines
1870	adjuster qualifies the licensee to adjust may qualify and his or
1871	her license when issued may cover adjusting in any one of the
1872	following classes of insurance:
1873	(a)  all lines of insurance except life and annuities.
1874	(b)  Motor vehicle physical damage insurance.
1875	(c)  Property and casualty insurance.
1876	(d)  Workers' compensation insurance.
1877	(e)  Health insurance.
1878
1879	No examination on workers' compensation insurance or health
1880	insurance shall be required for public adjusters.
1881	(2)  All individuals who on October 1, 1990, hold an
1882	adjuster's license and appointment limited to fire and allied
1883	lines, including marine or casualty or boiler and machinery, may
1884	remain licensed and appointed under the limited license and may
1885	renew their appointment, but a no license or appointment that
1886	which has been terminated, not renewed, suspended, or revoked
1887	may not shall be reinstated, and no new or additional licenses
1888	or appointments may not shall be issued.
1889	(3)  All individuals who on October 1, 2012, hold an
1890	adjuster's license and appointment limited to motor vehicle
1891	physical damage and mechanical breakdown, property and casualty,
1892	workers' compensation, or health insurance may remain licensed
1893	and appointed under such limited license and may renew their
1894	appointment, but a license that has been terminated, suspended,
1895	or revoked may not be reinstated, and new or additional licenses
1896	may not be issued. The applicant's application for license shall
1897	specify which of the foregoing classes of business the
1898	application for license is to cover.
1899	(4)(a)  An Any individual holding a license as a public
1900	adjuster or an all-lines a company employee adjuster must
1901	complete all continuing education requirements as specified in
1902	s. 626.2815. or independent adjuster for 24 consecutive months
1903	or longer must, beginning in his or her birth month and every 2
1904	years thereafter, have completed 24 hours of courses, 2 hours of
1905	which relate to ethics, in subjects designed to inform the
1906	licensee regarding the current insurance laws of this state, so
1907	as to enable him or her to engage in business as an insurance
1908	adjuster fairly and without injury to the public and to adjust
1909	all claims in accordance with the policy or contract and the
1910	laws of this state.
1911	(b)  Any individual holding a license as a public adjuster
1912	for 24 consecutive months or longer, beginning in his or her
1913	birth month and every 2 years thereafter, must have completed 24
1914	hours of courses, 2 hours of which relate to ethics, in subjects
1915	designed to inform the licensee regarding the current laws of
1916	this state pertaining to all lines of insurance other than life
1917	and annuities, the current laws of this state pertaining to the
1918	duties and responsibilities of public adjusters as set forth in
1919	this part, and the current rules of the department applicable to
1920	public adjusters and standard or representative policy forms
1921	used by insurers, other than forms for life insurance and
1922	annuities, so as to enable him or her to engage in business as
1923	an adjuster fairly and without injury to the public and to
1924	adjust all claims in accordance with the policy or contract and
1925	laws of this state. In order to receive credit for continuing
1926	education courses, public adjusters must take courses that are
1927	specifically designed for public adjusters and approved by the
1928	department, provided, however, no continuing education course
1929	shall be required for public adjusters for workers' compensation
1930	insurance or health insurance.
1931	(c)  The department shall adopt rules necessary to
1932	implement and administer the continuing education requirements
1933	of this subsection. For good cause shown, the department may
1934	grant an extension of time during which the requirements imposed
1935	by this section may be completed, but such extension of time may
1936	not exceed 1 year.
1937	(d)  A nonresident public adjuster must complete the
1938	continuing education requirements provided by this section;
1939	provided, a nonresident public adjuster may meet the
1940	requirements of this section if the continuing education
1941	requirements of the nonresident public adjuster's home state are
1942	determined to be substantially comparable to the requirements of
1943	this state's continuing education requirements and if the
1944	resident's state recognizes reciprocity with this state's
1945	continuing education requirements. A nonresident public adjuster
1946	whose home state does not have such continuing education
1947	requirements for adjusters, and who is not licensed as a
1948	nonresident adjuster in a state that has continuing education
1949	requirements and reciprocates with this state, must meet the
1950	continuing education requirements of this section.
1951	(5)  The regulation of continuing education for licensees,
1952	course providers, instructors, school officials, and monitor
1953	groups shall be as provided for in s. 626.2816.
1954	Section 39.  Paragraph (c) of subsection (2) of section
1955	626.8697, Florida Statutes, is amended to read:
1956	626.8697  Grounds for refusal, suspension, or revocation of
1957	adjusting firm license.-
1958	(2)  The department may, in its discretion, deny, suspend,
1959	revoke, or refuse to continue the license of any adjusting firm
1960	if it finds that any of the following applicable grounds exist
1961	with respect to the firm or any owner, partner, manager,
1962	director, officer, or other person who is otherwise involved in
1963	the operation of the firm:
1964	(c)  Violation of an any order or rule of the department,
1965	office, or commission.
1966	Section 40.  Subsections (1) and (5) of section 626.872,
1967	Florida Statutes, are amended to read:
1968	626.872  Temporary license.-
1969	(1)  The department may, in its discretion, issue a
1970	temporary license as an all-lines independent adjuster or as a
1971	company employee adjuster, subject to the following conditions:
1972	(a)  The applicant must be an employee of an adjuster
1973	currently licensed by the department, an employee of an
1974	authorized insurer, or an employee of an established adjusting
1975	firm or corporation who which is supervised by a currently
1976	licensed all-lines independent adjuster.
1977	(b)  The application must be accompanied by a certificate
1978	of employment and a report as to the applicant's integrity and
1979	moral character on a form prescribed by the department and
1980	executed by the employer.
1981	(b)(c)  The applicant must be a natural person of at least
1982	18 years of age, must be a bona fide resident of this state,
1983	must be trustworthy, and must have a such business reputation
1984	that as would reasonably ensure assure that the applicant will
1985	conduct his or her business as an adjuster fairly and in good
1986	faith and without detriment to the public.
1987	(c)(d)  The applicant's employer is responsible for the
1988	adjustment acts of the temporary any licensee under this
1989	section.
1990	(d)(e)  The applicable license fee specified must be paid
1991	before issuance of the temporary license.
1992	(e)(f)  The temporary license is shall be effective for a
1993	period of 1 year, but is subject to earlier termination at the
1994	request of the employer, or if the licensee fails to take an
1995	examination as an all-lines independent adjuster or company
1996	employee adjuster within 6 months after issuance of the
1997	temporary license, or if the temporary license is suspended or
1998	revoked by the department.
1999	(5)  The department may shall not issue a temporary license
2000	as an all-lines independent adjuster or as a company employee
2001	adjuster to an any individual who has ever held such a license
2002	in this state.
2003	Section 41.  Section 626.873, Florida Statutes, is
2004	repealed.
2005	Section 42.  Section 626.8734, Florida Statutes, is amended
2006	to read:
2007	626.8734  Nonresident all-lines adjuster license
2008	independent adjuster's qualifications.-
2009	(1)  The department shall, upon application therefor, issue
2010	a license to an applicant for a nonresident all-lines adjuster
2011	independent adjuster's license upon determining that the
2012	applicant has paid the applicable license fees required under s.
2013	624.501 and:
2014	(a)  Is a natural person at least 18 years of age.
2015	(b)  Has passed to the satisfaction of the department a
2016	written Florida all-lines adjuster independent adjuster's
2017	examination of the scope prescribed in s. 626.241(6); however,
2018	the requirement for the examination does not apply to any of the
2019	following:
2020	1.  An applicant who is licensed as an all-lines a resident
2021	independent adjuster in his or her home state if of residence
2022	when that state has entered into requires the passing of a
2023	written examination in order to obtain the license and a
2024	reciprocal agreement with the appropriate official of that state
2025	has been entered into by the department; or
2026	2.  An applicant who is licensed as a nonresident all-lines
2027	independent adjuster in a state other than his or her home state
2028	of residence when the state of licensure requires the passing of
2029	a written examination in order to obtain the license and a
2030	reciprocal agreement with the appropriate official of the state
2031	of licensure has been entered into with by the department.
2032	(c)  Is licensed as an all-lines adjuster and is self-
2033	appointed or appointed and employed by an independent adjusting
2034	firm or other independent adjuster, or is an employee of an
2035	insurer admitted to do business in this state or other insurers
2036	under the common control or ownership of such insurer self-
2037	employed or associated with or employed by an independent
2038	adjusting firm or other independent adjuster. Applicants
2039	licensed as nonresident all-lines independent adjusters under
2040	this section must be appointed as an independent adjuster or
2041	company employee adjuster such in accordance with the provisions
2042	of ss. 626.112 and 626.451. Appointment fees as in the amount
2043	specified in s. 624.501 must be paid to the department in
2044	advance. The appointment of a nonresident independent adjuster
2045	continues shall continue in force until suspended, revoked, or
2046	otherwise terminated, but is subject to biennial renewal or
2047	continuation by the licensee in accordance with procedures
2048	prescribed in s. 626.381 for licensees in general.
2049	(d)  Is trustworthy and has such business reputation as
2050	would reasonably ensure assure that he or she will conduct his
2051	or her business as a nonresident all-lines independent adjuster
2052	fairly and in good faith and without detriment to the public.
2053	(e)  Has had sufficient experience, training, or
2054	instruction concerning the adjusting of damages or losses under
2055	insurance contracts, other than life and annuity contracts; is
2056	sufficiently informed as to the terms and effects of the
2057	provisions of those types of insurance contracts; and possesses
2058	adequate knowledge of the laws of this state relating to such
2059	contracts as to enable and qualify him or her to engage in the
2060	business of insurance adjuster fairly and without injury to the
2061	public or any member thereof with whom he or she may have
2062	business as an all-lines independent adjuster.
2063	(2)  The applicant must shall furnish the following with
2064	his or her application:
2065	(a)  A complete set of his or her fingerprints. The
2066	applicant's fingerprints must be certified by an authorized law
2067	enforcement officer.
2068	(b)  If currently licensed as an all-lines a resident
2069	independent adjuster in the applicant's home state of residence,
2070	a certificate or letter of authorization from the licensing
2071	authority of the applicant's home state of residence, stating
2072	that the applicant holds a current license to act as an all-
2073	lines independent adjuster. The Such certificate or letter of
2074	authorization must be signed by the insurance commissioner, or
2075	his or her deputy or the appropriate licensing official, and
2076	must disclose whether the adjuster has ever had a any license or
2077	eligibility to hold any license declined, denied, suspended,
2078	revoked, or placed on probation or whether an administrative
2079	fine or penalty has been levied against the adjuster and, if so,
2080	the reason for the action. Such certificate or letter is not
2081	required if the nonresident applicant's licensing status can be
2082	verified through the Producer Database maintained by the
2083	National Association of Insurance Commissioners, its affiliates,
2084	or subsidiaries.
2085	(c)  If the applicant's home state of residence does not
2086	require licensure as an all-lines independent adjuster and the
2087	applicant has been licensed as a resident insurance adjuster,
2088	agent, broker, or other insurance representative in his or her
2089	home state of residence or any other state within the past 3
2090	years, a certificate or letter of authorization from the
2091	licensing authority stating that the applicant holds or has held
2092	a license to act as an insurance adjuster, agent, or other
2093	insurance representative. The certificate or letter of
2094	authorization must be signed by the insurance commissioner, or
2095	his or her deputy or the appropriate licensing official, and
2096	must disclose whether the adjuster, agent, or other insurance
2097	representative has ever had a any license or eligibility to hold
2098	any license declined, denied, suspended, revoked, or placed on
2099	probation or whether an administrative fine or penalty has been
2100	levied against the adjuster and, if so, the reason for the
2101	action. Such certificate or letter is not required if the
2102	nonresident applicant's licensing status can be verified through
2103	the Producer Database maintained by the National Association of
2104	Insurance Commissioners, its affiliates, or subsidiaries.
2105	(3)  The usual and customary records pertaining to
2106	transactions under the license of a nonresident all-lines
2107	independent adjuster must be retained for at least 3 years after
2108	completion of the adjustment and must be made available in this
2109	state to the department upon request. The failure of a
2110	nonresident all-lines independent adjuster to properly maintain
2111	records and make them available to the department upon request
2112	constitutes grounds for the immediate suspension of the license
2113	issued under this section.
2114	(4)  After licensure as a nonresident independent adjuster,
2115	As a condition of doing business in this state as a nonresident
2116	independent adjuster, the appointee must licensee must annually
2117	on or before January 1, on a form prescribed by the department,
2118	submit an affidavit to the department certifying that the
2119	licensee is familiar with and understands the insurance laws and
2120	administrative rules of this state and the provisions of the
2121	contracts negotiated or to be negotiated. Compliance with this
2122	filing requirement is a condition precedent to the issuance,
2123	continuation, reinstatement, or renewal of a nonresident
2124	independent adjuster's appointment.
2125	Section 43.  Section 626.8736, Florida Statutes, is amended
2126	to read:
2127	626.8736  Nonresident independent or public adjusters;
2128	service of process.-
2129	(1)  Each licensed nonresident independent or public
2130	adjuster or all-lines adjuster appointed as an independent
2131	adjuster shall appoint the Chief Financial Officer and his or
2132	her successors in office as his or her attorney to receive
2133	service of legal process issued against such the nonresident
2134	independent or public adjuster in this state, upon causes of
2135	action arising within this state out of transactions under his
2136	license and appointment. Service upon the Chief Financial
2137	Officer as attorney constitutes shall constitute effective legal
2138	service upon the nonresident independent or public adjuster.
2139	(2)  The appointment of the Chief Financial Officer for
2140	service of process is shall be irrevocable for as long as there
2141	could be any cause of action against the nonresident independent
2142	or public adjuster or all-lines adjuster appointed as an
2143	independent adjuster arising out of his or her insurance
2144	transactions in this state.
2145	(3)  Duplicate copies of legal process against the
2146	nonresident independent or public adjuster or all-lines adjuster
2147	appointed as an independent adjuster shall be served upon the
2148	Chief Financial Officer by a person competent to serve a
2149	summons.
2150	(4)  Upon receiving the service, the Chief Financial
2151	Officer shall forthwith send one of the copies of the process,
2152	by registered mail with return receipt requested, to the
2153	defendant nonresident independent or public adjuster or all-
2154	lines adjuster appointed as an independent adjuster at his or
2155	her last address of record with the department.
2156	(5)  The Chief Financial Officer shall keep a record of the
2157	day and hour of service upon him or her of all legal process
2158	received under this section.
2159	Section 44.  Subsection (1) of section 626.874, Florida
2160	Statutes, is amended to read:
2161	626.874  Catastrophe or emergency adjusters.-
2162	(1)  In the event of a catastrophe or emergency, the
2163	department may issue a license, for the purposes and under the
2164	conditions which it shall fix and for the period of emergency as
2165	it shall determine, to persons who are residents or nonresidents
2166	of this state, who are at least 18 years of age, who are United
2167	States citizens or legal aliens who possess work authorization
2168	from the United States Bureau of Citizenship and Immigration
2169	Services, and who are not licensed adjusters under this part but
2170	who have been designated and certified to it as qualified to act
2171	as adjusters by all-lines independent resident adjusters, or by
2172	an authorized insurer, or by a licensed general lines agent to
2173	adjust claims, losses, or damages under policies or contracts of
2174	insurance issued by such insurers. The fee for the license is
2175	shall be as provided in s. 624.501(12)(c).
2176	Section 45.  Subsection (1) of section 626.875, Florida
2177	Statutes, is amended to read:
2178	626.875  Office and records.-
2179	(1)  Each appointed Every licensed independent adjuster and
2180	every licensed public adjuster must shall have and maintain in
2181	this state a place of business in this state which is accessible
2182	to the public and keep therein the usual and customary records
2183	pertaining to transactions under the license. This provision
2184	does shall not be deemed to prohibit maintenance of such an
2185	office in the home of the licensee.
2186	Section 46.  Section 626.876, Florida Statutes, is amended
2187	to read:
2188	626.876  Exclusive employment; public adjusters,
2189	independent adjusters.-
2190	(1)  An No individual licensed and appointed as a public
2191	adjuster may not shall be so employed during the same period by
2192	more than one public adjuster or public adjuster firm or
2193	corporation.
2194	(2)  An No individual licensed as an all-lines adjuster and
2195	appointed as an independent adjuster may not shall be so
2196	employed during the same period by more than one independent
2197	adjuster or independent adjuster firm or corporation.
2198	Section 47.  Subsections (5), (6), and (7) of section
2199	626.927, Florida Statutes, are amended to read:
2200	626.927  Licensing of surplus lines agent.-
2201	(5)  The applicant must file and thereafter maintain the
2202	bond as required under s. 626.928.
2203	(5)(6)  Examinations as to surplus lines, as required under
2204	subsections (1) and (2), are shall be subject to the provisions
2205	of part I as applicable to applicants for licenses in general.
2206	No such examination shall be required as to persons who held a
2207	Florida surplus lines agent's license as of January 1, 1959,
2208	except when examinations subsequent to issuance of an initial
2209	license are provided for in general under part I.
2210	(6)(7)  An Any individual who has been licensed by the
2211	department as a surplus lines agent as provided in this section
2212	may be subsequently appointed without additional written
2213	examination if his or her application for appointment is filed
2214	with the department within 48 months after next following the
2215	date of cancellation or expiration of the prior appointment. The
2216	department may, in its discretion, require an any individual to
2217	take and successfully pass an examination as for original
2218	issuance of license as a condition precedent to the
2219	reinstatement or continuation of the licensee's current license
2220	or reinstatement or continuation of the licensee's appointment.
2221	Section 48.  Section 626.928, Florida Statutes, is
2222	repealed.
2223	Section 49.  Section 626.933, Florida Statutes, is amended
2224	to read:
2225	626.933  Collection of tax and service fee.-If the tax or
2226	service fee payable by a surplus lines agent under the this
2227	Surplus Lines Law is not so paid within the time prescribed, it
2228	the same shall be recoverable in a suit brought by the
2229	department against the surplus lines agent and the surety or
2230	sureties on the bond filed by the surplus lines agent under s.
2231	626.928. The department may authorize the Florida Surplus Lines
2232	Service Office to file suit on its behalf. All costs and
2233	expenses incurred in a suit brought by the office which are not
2234	recoverable from the agent or surety shall be borne by the
2235	office.
2236	Section 50.  Subsection (1) of section 626.935, Florida
2237	Statutes, is amended to read:
2238	626.935  Suspension, revocation, or refusal of surplus
2239	lines agent's license.-
2240	(1)  The department shall deny an application for, suspend,
2241	revoke, or refuse to renew the appointment of a surplus lines
2242	agent and all other licenses and appointments held by the
2243	licensee under this code, on upon any of the following grounds:
2244	(a)  Removal of the licensee's office from the licensee's
2245	state of residence.
2246	(b)  Removal of the accounts and records of his or her
2247	surplus lines business from this state or the licensee's state
2248	of residence during the period when such accounts and records
2249	are required to be maintained under s. 626.930.
2250	(c)  Closure of the licensee's office for a period of more
2251	than 30 consecutive days.
2252	(d)  Failure to make and file his or her affidavit or
2253	reports when due as required by s. 626.931.
2254	(e)  Failure to pay the tax or service fee on surplus lines
2255	premiums, as provided for in the this Surplus Lines Law.
2256	(f)  Failure to maintain the bond as required by s.
2257	626.928.
2258	(f)(g)  Suspension, revocation, or refusal to renew or
2259	continue the license or appointment as a general lines agent,
2260	service representative, or managing general agent.
2261	(g)(h)  Lack of qualifications as for an original surplus
2262	lines agent's license.
2263	(h)(i)  Violation of this Surplus Lines Law.
2264	(i)(j)  For any other applicable cause for which the
2265	license of a general lines agent could be suspended, revoked, or
2266	refused under s. 626.611 or s. 626.621.
2267	Section 51.  Paragraph (b) of subsection (1) of section
2268	627.952, Florida Statutes, is amended to read:
2269	627.952  Risk retention and purchasing group agents.-
2270	(1)  Any person offering, soliciting, selling, purchasing,
2271	administering, or otherwise servicing insurance contracts,
2272	certificates, or agreements for any purchasing group or risk
2273	retention group to any resident of this state, either directly
2274	or indirectly, by the use of mail, advertising, or other means
2275	of communication, shall obtain a license and appointment to act
2276	as a resident general lines agent, if a resident of this state,
2277	or a nonresident general lines agent if not a resident. Any such
2278	person shall be subject to all requirements of the Florida
2279	Insurance Code.
2280	(b)  Any person required to be licensed and appointed under
2281	by this subsection, in order to place business through Florida
2282	eligible surplus lines carriers, must shall, if a resident of
2283	this state, be licensed and appointed as a surplus lines agent.
2284	Any such person, If not a resident of this state, such person
2285	must shall be licensed and appointed as a surplus lines agent in
2286	her or his state of residence and shall file and thereafter
2287	maintain a fidelity bond in favor of the people of the State of
2288	Florida executed by a surety company admitted in this state and
2289	payable to the State of Florida; provided, however, any
2290	activities carried out by such nonresident is pursuant to this
2291	part shall be limited to the provision of insurance for
2292	purchasing groups. The bond must shall be continuous in form and
2293	maintained in the amount of not less than $50,000, aggregate
2294	liability set out in s. 626.928. The bond must shall remain in
2295	force and effect until the surety is released from liability by
2296	the department or until the bond is canceled by the surety. The
2297	surety may cancel the bond and be released from further
2298	liability thereunder upon 30 days' prior written notice to the
2299	department. The cancellation does shall not affect any liability
2300	incurred or accrued thereunder before the termination of the 30-
2301	day period. Upon receipt of a notice of cancellation, the
2302	department shall immediately notify the agent.
2303	Section 52.  Subsections (1) and (2) of section 635.051,
2304	Florida Statutes, are amended to read:
2305	635.051  Licensing and appointment of mortgage guaranty
2306	insurance agents.-
2307	(1)  Effective October 1, 2012, a person may not transact
2308	mortgage guaranty insurance unless licensed and appointed as a
2309	credit insurance agent in accordance with the applicable
2310	provisions of the insurance code. Mortgage guaranty licenses
2311	held by persons on October 1, 2012, shall be transferred to a
2312	credit insurance agent license. Persons who wish to obtain a new
2313	license identification card that reflects this change must
2314	submit the $5 fee as prescribed in s. 624.501(15). Agents of
2315	mortgage guaranty insurers shall be licensed and appointed and
2316	shall be subject to the same qualifications and requirements
2317	applicable to general lines agents under the laws of this state,
2318	except that:
2319	(a)  Particular preliminary specialized education or
2320	training is not required of an applicant for such an agent's
2321	license, and continuing education is not required for renewal of
2322	the agent's appointment if, as part of the application for
2323	license and appointment, the insurer guarantees that the
2324	applicant will receive the necessary training to enable him or
2325	her properly to hold himself or herself out to the public as a
2326	mortgage guaranty insurance agent and if the department, in its
2327	discretion, accepts such guaranty;
2328	(b)  The agent's license and appointment shall be a limited
2329	license, limited to the handling of mortgage guaranty insurance
2330	only; and
2331	(c)  An examination may be required of an applicant for
2332	such a license if the insurer fails to provide the guaranty
2333	described in paragraph (a).
2334	(2)  Any general lines agent licensed under chapter 626 is
2335	qualified to represent a mortgage guaranty insurer without
2336	additional licensure examination.
2337	Section 53.  Subsection (2) of section 648.38, Florida
2338	Statutes, is amended to read:
2339	648.38  Licensure examination for bail bond agents; time;
2340	place; fees; scope.-
2341	(2)  The department or a person designated by the
2342	department shall provide mail written notice of the time and
2343	place of the examination to each applicant for licensure
2344	required to take an examination who will be eligible to take the
2345	examination as of the examination date. The notice shall be e-
2346	mailed so mailed, postage prepaid, and addressed to the
2347	applicant at the e-mail his or her address shown on his or her
2348	application for licensure or at such other address as requested
2349	by the applicant in writing filed with the department prior to
2350	the mailing of the notice. Notice shall be deemed given when so
2351	mailed.
2352	Section 54.  Section 648.385, Florida Statutes, is amended
2353	to read:
2354	648.385  Continuing education required; application;
2355	exceptions; requirements; penalties.-
2356	(1)  The purpose of this section is to establish
2357	requirements and standards for continuing education courses for
2358	persons authorized to write bail bonds in this state.
2359	(2)(a)  Each person subject to the provisions of this
2360	chapter must complete a minimum of 14 hours of continuing
2361	education courses every 2 years as specified in s. 626.2815 in
2362	courses approved by the department. Compliance with continuing
2363	education requirements is a condition precedent to the issuance,
2364	continuation, or renewal of any appointment subject to the
2365	provisions of this chapter.
2366	(b)  A person teaching any approved course of instruction
2367	or lecturing at any approved seminar and attending the entire
2368	course or seminar shall qualify for the same number of classroom
2369	hours as would be granted to a person taking and successfully
2370	completing such course, seminar, or program. Credit shall be
2371	limited to the number of hours actually taught unless a person
2372	attends the entire course or seminar.
2373	(c)  For good cause shown, the department may grant an
2374	extension of time during which the requirements imposed by this
2375	section may be completed, but such extension of time may not
2376	exceed 1 year.
2377	(3)(a)  Any bail-related course developed or sponsored by
2378	any authorized insurer or recognized bail bond agents'
2379	association, or any independent study program of instruction,
2380	subject to approval by the department, qualifies for the
2381	equivalency of the number of classroom hours assigned to such
2382	course by the department. However, unless otherwise provided in
2383	this section, continuing education credit may not be credited
2384	toward meeting the requirements of this section unless the
2385	course is provided by classroom instruction or results in a
2386	monitored examination.
2387	(b)  Each person or entity sponsoring a course for
2388	continuing education credit must furnish, within 30 days after
2389	completion of the course, in a form satisfactory to the
2390	department or its designee, a written and certified roster
2391	showing the name and license number of all persons successfully
2392	completing such course and requesting credit, accompanied by the
2393	required fee. The department shall refuse to issue, continue, or
2394	renew the appointment of any bail bond agent who has not had the
2395	continuing education requirements certified unless the agent has
2396	been granted an extension by the department.
2397	Section 55.  Subsection (1) of section 903.27, Florida
2398	Statutes, is amended to read:
2399	903.27  Forfeiture to judgment.-
2400	(1)  If the forfeiture is not paid or discharged by court
2401	order of a court of competent jurisdiction within 60 days and
2402	the bond is secured other than by money and bonds authorized
2403	under in s. 903.16, the clerk of the circuit court for the
2404	county where the order was made shall enter a judgment against
2405	the surety for the amount of the penalty and issue execution.
2406	However, if in any case in which the bond forfeiture has been
2407	discharged by the court of competent jurisdiction conditioned
2408	upon the payment by the surety of certain costs or fees as
2409	allowed by statute, the amount for which judgment may be entered
2410	may not exceed the amount of the unpaid fees or costs upon which
2411	the discharge had been conditioned. Judgment for the full amount
2412	of the forfeiture may shall not be entered if payment of a
2413	lesser amount will satisfy the conditions to discharge the
2414	forfeiture. Within 10 days, the clerk shall furnish the
2415	Department of Financial Services and the Office of Insurance
2416	Regulation of the Financial Services Commission with a certified
2417	copy of the judgment docket and shall furnish the surety company
2418	at its home office a copy of the judgment at its home office,
2419	which includes shall include the power of attorney number of the
2420	bond and the name of the executing agent. If the judgment is not
2421	paid within 60 35 days, the clerk shall furnish the Department
2422	of Financial Services, the Office of Insurance Regulation, and
2423	the sheriff of the county in which the bond was executed, or the
2424	official responsible for operation of the county jail, if other
2425	than the sheriff, two certified copies of the transcript of the
2426	docket of the judgment and a certificate stating that the
2427	judgment remains unsatisfied. When and If the judgment is
2428	properly paid or a court an order to vacate the judgment has
2429	been entered by a court of competent jurisdiction, the clerk
2430	shall immediately notify the sheriff, or the official
2431	responsible for the operation of the county jail, if other than
2432	the sheriff, and the Department of Financial Services and the
2433	Office of Insurance Regulation, if the department and office had
2434	been previously notified of nonpayment, of such payment or order
2435	to vacate the judgment. The clerk shall also immediately prepare
2436	and record in the public records a satisfaction of the judgment
2437	or record the order to vacate judgment. If the defendant is
2438	returned to the county of jurisdiction of the court and,
2439	whenever a motion to set aside the judgment is filed, the
2440	operation of this section is tolled until the court makes a
2441	disposition of the motion.
2442	Section 56.  Except as otherwise expressly provided in this
2443	act, this act shall take effect October 1, 2012.

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