Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for SB 938
Barcode 894892
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/06/2012 04:52 PM .
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Senator Richter moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1) and (7) of section 626.015,
6 Florida Statutes, are amended to read:
7 626.015 Definitions.—As used in this part:
8 (1) “Adjuster” means a public adjuster as defined in s.
9 626.854, a public adjuster apprentice as defined in s. 626.8541,
10 or an all-lines adjuster as defined in s. 626.8548 independent
11 adjuster as defined in s. 626.855, or company employee adjuster
12 as defined in s. 626.856.
13 (7) “Home state” means the District of Columbia and any
14 state or territory of the United States in which an insurance
15 agent or adjuster maintains his or her principal place of
16 residence or principal place of business and is licensed to act
17 as an insurance agent or adjuster.
18 Section 2. Subsections (2) and (3) of section 626.0428,
19 Florida Statutes, are amended to read:
20 626.0428 Agency personnel powers, duties, and limitations.—
21 (2) An No employee of an agent or agency may not bind
22 insurance coverage unless licensed and appointed as an a general
23 lines agent or customer representative.
24 (3) An No employee of an agent or agency may not initiate
25 contact with any person for the purpose of soliciting insurance
26 unless licensed and appointed as an a general lines agent or
27 customer representative. As to title insurance, an employee of
28 an agent or agency may not initiate contact with any individual
29 proposed insured for the purpose of soliciting title insurance
30 unless licensed as a title insurance agent or exempt from such
31 licensure pursuant to s. 626.8417(4).
32 Section 3. Subsection (1) and paragraph (b) of subsection
33 (2) of section 626.171, Florida Statutes, are amended to read:
34 626.171 Application for license as an agent, customer
35 representative, adjuster, service representative, managing
36 general agent, or reinsurance intermediary.—
37 (1) The department may shall not issue a license as agent,
38 customer representative, adjuster, service representative,
39 managing general agent, or reinsurance intermediary to any
40 person except upon written application therefor filed with the
41 department it, meeting the qualifications for the license
42 applied for as determined by the department qualification
43 therefor, and payment in advance of all applicable fees. The Any
44 such application must shall be made under the oath of the
45 applicant and be signed by the applicant. An applicant may
46 permit a third party to complete, submit, and sign an
47 application on the applicant’s behalf, but is responsible for
48 ensuring that the information on the application is true and
49 correct and is accountable for any misstatements or
50 misrepresentations. The department shall accept the uniform
51 application for nonresident agent licensing. The department may
52 adopt revised versions of the uniform application by rule.
53 (2) In the application, the applicant shall set forth:
54 (b) A statement indicating the method the applicant used or
55 is using to meet any required prelicensing education, knowledge,
56 experience, or instructional requirements for the type of
57 license applied for. Proof that he or she has completed or is in
58 the process of completing any required prelicensing course.
59
60 However, the application must contain a statement that an
61 applicant is not required to disclose his or her race or
62 ethnicity, gender, or native language, that he or she will not
63 be penalized for not doing so, and that the department will use
64 this information exclusively for research and statistical
65 purposes and to improve the quality and fairness of the
66 examinations.
67 Section 4. Section 626.191, Florida Statutes, is amended to
68 read:
69 626.191 Repeated applications.—The failure of an applicant
70 to secure a license upon an application does shall not preclude
71 the applicant from applying again. However as many times as
72 desired, but the department may shall not consider give
73 consideration to or accept any further application by the same
74 applicant individual for a similar license dated or filed within
75 30 days after subsequent to the date the department denied the
76 last application, except as provided under in s. 626.281.
77 Section 5. Subsection (2) of section 626.221, Florida
78 Statutes, is amended to read:
79 626.221 Examination requirement; exemptions.—
80 (2) However, an no such examination is not shall be
81 necessary for in any of the following cases:
82 (a) An applicant for renewal of appointment as an agent,
83 customer representative, or adjuster, unless the department
84 determines that an examination is necessary to establish the
85 competence or trustworthiness of the such applicant.
86 (b) An applicant for a limited license as agent for travel
87 insurance, motor vehicle rental personal accident insurance,
88 baggage and motor vehicle excess liability insurance, credit
89 life or disability insurance, credit insurance, credit property
90 insurance, in-transit and storage personal property insurance,
91 or portable electronics communications equipment property
92 insurance or communication equipment inland marine insurance
93 under s. 626.321.
94 (c) In the discretion of the department, an applicant for
95 reinstatement of license or appointment as an agent, customer
96 representative, company employee adjuster, or all-lines
97 independent adjuster whose license has been suspended within the
98 4 years before prior to the date of application or written
99 request for reinstatement.
100 (d) An applicant who, within the 4 years before prior to
101 application for license and appointment as an agent, customer
102 representative, or adjuster, was a full-time salaried employee
103 of the department who and had continuously been such an employee
104 with responsible insurance duties for at least not less than 2
105 continuous years and who had been a licensee within the 4 years
106 before prior to employment by the department with the same class
107 of license as that being applied for.
108 (e) An applicant A person who has been licensed as an all
109 lines adjuster and appointed as an independent adjuster or
110 company employee adjuster as to all property, casualty, and
111 surety insurances may be licensed and appointed as a company
112 employee adjuster or independent adjuster, as to these kinds of
113 insurance, without additional written examination if an
114 application for licensure is filed with the department within 48
115 months following the date of cancellation or expiration of the
116 prior appointment.
117 (f) A person who has been licensed as a company employee
118 adjuster or independent adjuster for motor vehicle, property and
119 casualty, workers’ compensation, and health insurance may be
120 licensed as such an adjuster without additional written
121 examination if his or her application for licensure is filed
122 with the department within 48 months after cancellation or
123 expiration of the prior license.
124 (f)(g) An applicant for a temporary license, except as
125 otherwise provided in this code.
126 (g)(h) An applicant for a license as a life or health agent
127 license who has received the designation of chartered life
128 underwriter (CLU) from the American College of Life Underwriters
129 and who has been engaged in the insurance business within the
130 past 4 years, except that the applicant such an individual may
131 be examined on pertinent provisions of this code.
132 (h)(i) An applicant for license as a general lines agent,
133 customer representative, or adjuster who has received the
134 designation of chartered property and casualty underwriter
135 (CPCU) from the American Institute for Property and Liability
136 Underwriters and who has been engaged in the insurance business
137 within the past 4 years, except that the applicant such an
138 individual may be examined on pertinent provisions of this code.
139 (i)(j) An applicant for license as a customer
140 representative who has earned the designation of Accredited
141 Advisor in Insurance (AAI) from the Insurance Institute of
142 America, the designation of Certified Insurance Counselor (CIC)
143 from the Society of Certified Insurance Service Counselors, the
144 designation of Accredited Customer Service Representative (ACSR)
145 from the Independent Insurance Agents of America, the
146 designation of Certified Professional Service Representative
147 (CPSR) from the National Foundation for Certified Professional
148 Service Representatives, the designation of Certified Insurance
149 Service Representative (CISR) from the Society of Certified
150 Insurance Service Representatives, or the designation of
151 Certified Insurance Representative (CIR) from the National
152 Association of Christian Catastrophe Insurance Adjusters. Also,
153 an applicant for license as a customer representative who has
154 earned an associate degree or bachelor’s degree from an
155 accredited college or university and has completed with at least
156 9 academic hours of property and casualty insurance curriculum,
157 or the equivalent, or has earned the designation of Certified
158 Customer Service Representative (CCSR) from the Florida
159 Association of Insurance Agents, or the designation of
160 Registered Customer Service Representative (RCSR) from a
161 regionally accredited postsecondary institution in this state,
162 or the designation of Professional Customer Service
163 Representative (PCSR) from the Professional Career Institute,
164 whose curriculum has been approved by the department and which
165 whose curriculum includes comprehensive analysis of basic
166 property and casualty lines of insurance and testing at least
167 equal to that of standard department testing for the customer
168 representative license. The department shall adopt rules
169 establishing standards for the approval of curriculum.
170 (j)(k) An applicant for license as a resident or
171 nonresident all-lines an independent or company employee
172 adjuster who has the designation of Accredited Claims Adjuster
173 (ACA) from a regionally accredited postsecondary institution in
174 this state, Professional Claims Adjuster (PCA) from the
175 Professional Career Institute, Professional Property Insurance
176 Adjuster (PPIA) from the HurriClaim Training Academy, Certified
177 Adjuster (CA) from ALL LINES Training, or Certified Claims
178 Adjuster (CCA) from the Association of Property and Casualty
179 Claims Professionals whose curriculum has been approved by the
180 department and which whose curriculum includes comprehensive
181 analysis of basic property and casualty lines of insurance and
182 testing at least equal to that of standard department testing
183 for the all-lines adjuster license. The department shall adopt
184 rules establishing standards for the approval of curriculum.
185 (k)(l) An applicant qualifying for a license transfer under
186 s. 626.292, if the applicant:
187 1. Has successfully completed the prelicensing examination
188 requirements in the applicant’s previous home state which are
189 substantially equivalent to the examination requirements in this
190 state, as determined by the department;
191 2. Has received the designation of chartered property and
192 casualty underwriter (CPCU) from the American Institute for
193 Property and Liability Underwriters and has been engaged in the
194 insurance business within the past 4 years if applying to
195 transfer a general lines agent license; or
196 3. Has received the designation of chartered life
197 underwriter (CLU) from the American College of Life Underwriters
198 and has been engaged in the insurance business within the past 4
199 years, if applying to transfer a life or health agent license.
200 (l)(m) An applicant for a license as a nonresident agent
201 license, if the applicant:
202 1. Has successfully completed prelicensing examination
203 requirements in the applicant’s home state which are
204 substantially equivalent to the examination requirements in this
205 state, as determined by the department, as a requirement for
206 obtaining a resident license in his or her home state;
207 2. Held a general lines agent license, life agent license,
208 or health agent license before prior to the time a written
209 examination was required;
210 3. Has received the designation of chartered property and
211 casualty underwriter (CPCU) from the American Institute for
212 Property and Liability Underwriters and has been engaged in the
213 insurance business within the past 4 years, if an applicant for
214 a nonresident license as a general lines agent; or
215 4. Has received the designation of chartered life
216 underwriter (CLU) from the American College of Life Underwriters
217 and has been in the insurance business within the past 4 years,
218 if an applicant for a nonresident license as a life agent or
219 health agent.
220 Section 6. Subsection (2) of section 626.231, Florida
221 Statutes, is amended to read:
222 626.231 Eligibility; application for examination.—
223 (2) A person required to take an examination for a license
224 may be permitted to take an examination before prior to
225 submitting an application for licensure pursuant to s. 626.171
226 by submitting an application for examination through the
227 department’s Internet website or the website of a person
228 designated by the department to administer the examination. The
229 department may require In the application, the applicant to
230 provide the following information as part of the application
231 shall set forth:
232 (a) His or her full name, date of birth age, social
233 security number, e-mail address, residence address, business
234 address, and mailing address.
235 (b) The type of license which that the applicant intends to
236 apply for.
237 (c) The name of any required prelicensing course he or she
238 has completed or is in the process of completing.
239 (d) The method by which the applicant intends to qualify
240 for the type of license if other than by completing a
241 prelicensing course.
242 (e) The applicant’s gender (male or female).
243 (f) The applicant’s native language.
244 (g) The highest level of education achieved by the
245 applicant.
246 (h) The applicant’s race or ethnicity (African American,
247 white, American Indian, Asian, Hispanic, or other).
248
249 However, the application form must contain a statement that an
250 applicant is not required to disclose his or her race or
251 ethnicity, gender, or native language, that he or she will not
252 be penalized for not doing so, and that the department will use
253 this information exclusively for research and statistical
254 purposes and to improve the quality and fairness of the
255 examinations.
256 Section 7. Subsection (6) of section 626.241, Florida
257 Statutes, is amended to read:
258 626.241 Scope of examination.—
259 (6) In order to reflect the differences between adjusting
260 claims for an insurer and adjusting claims for an insured, the
261 department shall create an examination for applicants seeking
262 licensure as a public adjuster and a separate examination for
263 applicants seeking licensure as an all-lines a company employee
264 adjuster or independent adjuster.
265 (a) Examinations given applicants for a license as an all
266 lines adjuster must shall cover adjusting in all lines of
267 insurance, other than life and annuity; or, in accordance with
268 the application for the license, the examination may be limited
269 to adjusting in:
270 (a) Automobile physical damage insurance;
271 (b) Property and casualty insurance;
272 (c) Workers’ compensation insurance; or
273 (d) Health insurance.
274 (b) An No examination for workers’ on worker’s compensation
275 insurance or health insurance is not shall be required for
276 public adjusters.
277 Section 8. Subsection (1) of section 626.251, Florida
278 Statutes, is amended to read:
279 626.251 Time and place of examination; notice.—
280 (1) The department, or a person designated by the
281 department, shall provide mail written notice of the time and
282 place of the examination to each applicant for examination and
283 each applicant for license required to take an examination who
284 will be eligible to take the examination as of the examination
285 date. The notice shall be e-mailed so mailed, postage prepaid,
286 and addressed to the applicant at the e-mail his or her address
287 shown on the application for license or examination at such
288 other address as requested by the applicant in writing filed
289 with the department prior to the mailing of the notice. Notice
290 is shall be deemed given when so mailed.
291 Section 9. Section 626.281, Florida Statutes, is amended to
292 read:
293 626.281 Reexamination.—
294 (1) An Any applicant for license or applicant for
295 examination who has either:
296 (a) Taken an examination and failed to make a passing
297 grade, or
298 (b) Failed to appear for the examination or to take or
299 complete the examination at the time and place specified in the
300 notice of the department,
301
302 may take additional examinations, after filing with the
303 department or its designee an application for reexamination
304 together with applicable fees. The failure of an applicant to
305 pass an examination, or the failure to appear for the
306 examination, or to take or complete the examination does not
307 preclude the applicant from taking subsequent examinations.
308 (2) Applicants may not take an examination for a license
309 type more than five times in a 12-month period.
310 (3)(2) The department may require an any individual whose
311 license as an agent, customer representative, or adjuster has
312 expired or has been suspended to pass an examination before
313 prior to reinstating or relicensing the individual as to any
314 class of license. The examination fee must shall be paid for as
315 to each examination.
316 Section 10. Section 626.2815, Florida Statutes, is amended
317 to read:
318 626.2815 Continuing education required; application;
319 exceptions; requirements; penalties.—
320 (1) The purpose of this section is to establish
321 requirements and standards for continuing education courses for
322 individuals persons licensed to solicit, or sell, or adjust
323 insurance in the state.
324 (2) Except as otherwise provided in this section, the
325 provisions of this section applies apply to individuals persons
326 licensed to engage in the sale of insurance or adjustment of
327 insurance claims in this state for all lines of insurance for
328 which an examination is required for licensing and to each
329 insurer, employer, or appointing entity, including, but not
330 limited to, those created or existing pursuant to s. 627.351.
331 The provisions of This section does shall not apply to an any
332 individual who holds person holding a license for the sale of
333 any line of insurance for which an examination is not required
334 by the laws of this state or who holds a, nor shall the
335 provisions of this section apply to any limited license as a
336 crop or hail and multiple-peril crop insurance agent the
337 department may exempt by rule. Licensees who are unable to
338 comply with the continuing education requirements due to active
339 duty in the military may submit a written request for a waiver
340 to the department.
341 (3)(a) Each licensee person subject to the provisions of
342 this section must, except as set forth in paragraphs (b), (c),
343 and (d), and (f), complete a minimum of 24 hours of continuing
344 education courses every 2 years in basic or higher-level courses
345 prescribed by this section or in other courses approved by the
346 department.
347 (a) Each licensee person subject to the provisions of this
348 section must complete, as part of his or her required number of
349 continuing education hours, 3 hours of continuing education,
350 approved by the department, every 2 years on the subject matter
351 of ethics. Each licensed general lines agent and customer
352 representative subject to this section must complete, as part of
353 his or her required number of continuing education hours, 1 hour
354 of continuing education, approved by the department, every 2
355 years on the subject matter of premium discounts available on
356 property insurance policies based on various hurricane
357 mitigation options and the means for obtaining the discounts.
358 (b) A licensee person who has been licensed for a period of
359 6 or more years must complete 20 hours of continuing education
360 every 2 years in intermediate or advanced-level courses
361 prescribed by this section or in other courses approved by the
362 department.
363 (c) A licensee who has been licensed for 25 years or more
364 and is a CLU or a CPCU or has a Bachelor of Science degree in
365 risk management or insurance with evidence of 18 or more
366 semester hours in upper-level insurance-related courses must
367 complete 10 hours of continuing education courses every 2 years
368 in courses prescribed by this section or in other courses
369 approved by the department.
370 (d) An individual Any person who holds a license as a
371 customer representative, limited customer representative, title
372 agent, motor vehicle physical damage and mechanical breakdown
373 insurance agent, crop or hail and multiple-peril crop insurance
374 agent, or as an industrial fire insurance or burglary insurance
375 agent and who is not a licensed life or health insurance agent,
376 must shall be required to complete 10 hours of continuing
377 education courses every 2 years.
378 (e) An individual Any person who holds a license to solicit
379 or sell life or health insurance and a license to solicit or
380 sell property, casualty, surety, or surplus lines insurance must
381 complete the continuing education requirements by completing
382 courses in life or health insurance for one-half of the total
383 hours required and courses in property, casualty, surety, or
384 surplus lines insurance for one-half of the total hours
385 required. However, a licensee who holds an industrial fire or
386 burglary insurance license and who is a licensed life or health
387 agent must shall be required to complete 4 hours of continuing
388 education courses every 2 years related to industrial fire or
389 burglary insurance and the remaining number of hours of
390 continuing education courses required related to life or health
391 insurance.
392 (f) An individual subject to chapter 648 must complete a
393 minimum of 14 hours of continuing education courses every 2
394 years.
395 (g) Excess hours accumulated during any 2-year compliance
396 period may be carried forward to the next compliance period.
397 (h) An individual teaching an approved course of
398 instruction or lecturing at any approved seminar and attending
399 the entire course or seminar qualifies for the same number of
400 classroom hours as would be granted to a person taking and
401 successfully completing such course or seminar. Credit is
402 limited to the number of hours actually taught unless a person
403 attends the entire course or seminar. An individual who is an
404 official of or employed by a governmental entity in this state
405 and serves as a professor, instructor, or other position or
406 office, the duties and responsibilities of which are determined
407 by the department to require monitoring and review of insurance
408 laws or insurance regulations and practices, is exempt from this
409 section.
410 (4)(f)1. Except as provided in subparagraph 2., Compliance
411 with continuing education requirements is a condition precedent
412 to the issuance, continuation, reinstatement, or renewal of any
413 appointment subject to this section. However:
414 (a)2.a. An appointing entity, except one that appoints
415 individuals who are employees or exclusive independent
416 contractors of the appointing entity, may not require, directly
417 or indirectly, as a condition of such appointment or the
418 continuation of such appointment, the taking of an approved
419 course or program by any appointee or potential appointee which
420 that is not of the appointee’s choosing.
421 (b)b. Any entity created or existing pursuant to s. 627.351
422 may require employees to take training of any type relevant to
423 their employment but may not require appointees who are not
424 employees to take any approved course or program unless the
425 course or program deals solely with the appointing entity’s
426 internal procedures or products or with subjects substantially
427 unique to the appointing entity.
428 (g) A person teaching any approved course of instruction or
429 lecturing at any approved seminar and attending the entire
430 course or seminar shall qualify for the same number of classroom
431 hours as would be granted to a person taking and successfully
432 completing such course, seminar, or program. Credit shall be
433 limited to the number of hours actually taught unless a person
434 attends the entire course or seminar. Any person who is an
435 official of or employed by any governmental entity in this state
436 and serves as a professor, instructor, or in any other position
437 or office the duties and responsibilities of which are
438 determined by the department to require monitoring and review of
439 insurance laws or insurance regulations and practices shall be
440 exempt from this section.
441 (h) Excess classroom hours accumulated during any
442 compliance period may be carried forward to the next compliance
443 period.
444 (5)(i) For good cause shown, the department may grant an
445 extension of time during which the requirements of imposed by
446 this section may be completed, but such extension of time may
447 not exceed 1 year.
448 (6)(j) A nonresident licensee who must complete continuing
449 education requirements in his or her home state may use the home
450 state requirements to also meet this state’s continuing
451 education requirements as well, if the licensee’s resident’s
452 home state recognizes reciprocity with this state’s continuing
453 education requirements. A nonresident licensee whose home state
454 does not have a continuing education requirement but is licensed
455 for the same class of business in another state that has which
456 does have a continuing education requirement may comply with
457 this section by furnishing proof of compliance with the other
458 state’s requirement if that state has a reciprocal agreement
459 with this state relative to continuing education. A nonresident
460 licensee whose home state does not have such continuing
461 education requirements, and who is not licensed as a nonresident
462 licensee agent in a state that has continuing education
463 requirements and reciprocates with this state, must meet the
464 continuing education requirements of this state.
465 (7)(k) Any person who holds a license to solicit or sell
466 life insurance in this state must complete a minimum of 3 hours
467 in continuing education, approved by the department, on the
468 subject of suitability in annuity and life insurance
469 transactions. This requirement does not apply to an agent who
470 does not have any active life insurance or annuity contracts. In
471 applying this exemption, the department may require the filing
472 of a certification attesting that the agent has not sold life
473 insurance or annuities during the continuing education
474 compliance cycle in question and does not have any active life
475 insurance or annuity contracts. A licensee may use the hours
476 obtained under this paragraph to satisfy the requirement for
477 continuing education in ethics under paragraph (3)(a).
478 (8)(4) The following courses may be completed in order to
479 meet the elective continuing education course requirements:
480 (a) Any part of the Life Underwriter Training Council Life
481 Course Curriculum: 24 hours; Health Course: 12 hours.
482 (b) Any part of the American College “CLU” diploma
483 curriculum: 24 hours.
484 (c) Any part of the Insurance Institute of America’s
485 program in general insurance: 12 hours.
486 (d) Any part of the American Institute for Property and
487 Liability Underwriters’ Chartered Property Casualty Underwriter
488 (CPCU) professional designation program: 24 hours.
489 (e) Any part of the Certified Insurance Counselor program:
490 21 hours.
491 (f) Any part of the Accredited Advisor in Insurance: 21
492 hours.
493 (g) In the case of title agents, completion of the
494 Certified Land Closer (CLC) professional designation program and
495 receipt of the designation: 24 hours.
496 (h) In the case of title agents, completion of the
497 Certified Land Searcher (CLS) professional designation program
498 and receipt of the designation: 24 hours.
499 (i) Any insurance-related course that which is approved by
500 the department and taught by an accredited college or university
501 per credit hour granted: 12 hours.
502 (j) Any course, including courses relating to agency
503 management or errors and omissions, developed or sponsored by an
504 any authorized insurer or recognized agents’ association or
505 insurance trade association or an any independent study program
506 of instruction, subject to approval by the department, qualifies
507 for the equivalency of the number of classroom hours assigned
508 thereto by the department. However, unless otherwise provided in
509 this section, continuing education hours may not be credited
510 toward meeting the requirements of this section unless the
511 course is provided by classroom instruction or results in a
512 monitored examination. A monitored examination is not required
513 for:
514 1. An independent study program of instruction presented
515 through interactive, online technology that the department
516 determines has sufficient internal testing to validate the
517 student’s full comprehension of the materials presented; or
518 2. An independent study program of instruction presented on
519 paper or in printed material which that imposes a final closed
520 book examination that meets the requirements of the department’s
521 rule for self-study courses. The examination may be taken
522 without a proctor if provided the student presents to the
523 provider a sworn affidavit certifying that the student did not
524 consult any written materials or receive outside assistance of
525 any kind or from any person, directly or indirectly, while
526 taking the examination. If the student is an employee of an
527 agency or corporate entity, the student’s supervisor or a
528 manager or owner of the agency or corporate entity must also
529 sign the sworn affidavit. If the student is self-employed, a
530 sole proprietor, or a partner, or if the examination is
531 administered online, the sworn affidavit must also be signed by
532 a disinterested third party. The sworn affidavit must be
533 received by the approved provider before prior to reporting
534 continuing education credits to the department.
535 (9)(k) Each person or entity sponsoring a course for
536 continuing education credit must furnish, within 21 30 days
537 after completion of the course, in a form satisfactory to the
538 department or its designee, a written and certified roster
539 showing the name and license number of all persons successfully
540 completing such course and requesting credit, accompanied by the
541 required fee.
542 (10)(5) The department may immediately terminate or shall
543 refuse to renew the appointment of an any agent or adjuster who
544 has been notified by the department that who has not had his or
545 her continuing education requirements have not been certified,
546 unless the agent or adjuster has been granted an extension or
547 waiver by the department. The department may not issue a new
548 appointment of the same or similar type, with any insurer, to a
549 licensee an agent who was denied a renewal appointment for
550 failing failure to complete continuing education as required
551 until the licensee agent completes his or her continuing
552 education requirement.
553 (6)(a) There is created an 11-member continuing education
554 advisory board to be appointed by the Chief Financial Officer.
555 Appointments shall be for terms of 4 years. The purpose of the
556 board is to advise the department in determining standards by
557 which courses may be evaluated and categorized as basic,
558 intermediate, or advanced. The board shall submit
559 recommendations to the department of changes needed in such
560 criteria not less frequently than every 2 years. The department
561 shall require all approved course providers to submit courses
562 for approval to the department using the criteria. All
563 materials, brochures, and advertisements related to the approved
564 courses must specify the level assigned to the course.
565 (b) The board members shall be appointed as follows:
566 1. Seven members representing agents of which at least one
567 must be a representative from each of the following
568 organizations: the Florida Association of Insurance Agents; the
569 Florida Association of Insurance and Financial Advisors; the
570 Professional Insurance Agents of Florida, Inc.; the Florida
571 Association of Health Underwriters; the Specialty Agents’
572 Association; the Latin American Agents’ Association; and the
573 National Association of Insurance Women. Such board members must
574 possess at least a bachelor’s degree or higher from an
575 accredited college or university with major coursework in
576 insurance, risk management, or education or possess the
577 designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In addition,
578 each member must possess 5 years of classroom instruction
579 experience or 5 years of experience in the development or design
580 of educational programs or 10 years of experience as a licensed
581 resident agent. Each organization may submit to the department a
582 list of recommendations for appointment. If one organization
583 does not submit a list of recommendations, the Chief Financial
584 Officer may select more than one recommended person from a list
585 submitted by other eligible organizations.
586 2. Two members representing insurance companies at least
587 one of whom must represent a Florida Domestic Company and one of
588 whom must represent the Florida Insurance Council. Such board
589 members must be employed within the training department of the
590 insurance company. At least one such member must be a member of
591 the Society of Insurance Trainers and Educators.
592 3. One member representing the general public who is not
593 directly employed in the insurance industry. Such board member
594 must possess a minimum of a bachelor’s degree or higher from an
595 accredited college or university with major coursework in
596 insurance, risk management, training, or education.
597 4. One member, appointed by the Chief Financial Officer,
598 who represents the department.
599 (c) The members of the board shall serve at the pleasure of
600 the Chief Financial Officer. Each board member shall be entitled
601 to reimbursement for expenses pursuant to s. 112.061. The board
602 shall designate one member as chair. The board shall meet at the
603 call of the chair or the Chief Financial Officer.
604 (11)(7) The department may contract services relative to
605 the administration of the continuing education program to a
606 private entity. The contract shall be procured as a contract for
607 a contractual service pursuant to s. 287.057.
608 Section 11. Effective October 1, 2014, subsections (3) and
609 (7) of section 626.2815, Florida Statutes, as amended by this
610 act, are amended, and subsections (8) through (11) of that
611 section are redesignated as subsections (7) through (10),
612 respectively, to read:
613 626.2815 Continuing education requirements.—
614 (3) Each licensee except a title insurance agent subject to
615 this section must, except as set forth in paragraphs (b), (c),
616 (d), and (f), complete a 5-hour update course every 2 years
617 which is specific to the license held by the licensee. The
618 course must be developed and offered by providers and approved
619 by the department. The content of the course must address all
620 lines of insurance for which examination and licensure are
621 required and include the following subject areas: insurance law
622 updates, ethics for insurance professionals, disciplinary trends
623 and case studies, industry trends, premium discounts,
624 determining suitability of products and services, and other
625 similar insurance-related topics the department determines are
626 relevant to legally and ethically carrying out the
627 responsibilities of the license granted. A licensee who holds
628 multiple insurance licenses must complete an update course that
629 is specific to at least one of the licenses held. Except as
630 otherwise specified, any remaining required hours of continuing
631 education are elective and may consist of any continuing
632 education course approved by the department under this section
633 minimum of 24 hours of continuing education courses every 2
634 years in basic or higher-level courses prescribed by this
635 section or in other courses approved by the department.
636 (a) Except as provided in paragraphs (b), (c), (d), (e),
637 and (i), each licensee must also complete 19 3 hours of elective
638 continuing education courses, approved by the department, every
639 2 years on the subject matter of ethics. Each licensed general
640 lines agent and customer representative must complete 1 hour of
641 continuing education, approved by the department, every 2 years
642 on the subject matter of premium discounts available on property
643 insurance policies based on various hurricane mitigation options
644 and the means for obtaining the discounts.
645 (b) A licensee who has been licensed for 6 or more years
646 must also complete a minimum of 15 20 hours of elective
647 continuing education every 2 years in intermediate or advanced
648 level courses prescribed by this section or in other courses
649 approved by the department.
650 (c) A licensee who has been licensed for 25 years or more
651 and is a CLU or a CPCU or has a Bachelor of Science degree in
652 risk management or insurance with evidence of 18 or more
653 semester hours in upper-level insurance-related courses must
654 also complete a minimum of 5 10 hours of elective continuing
655 education courses every 2 years in courses prescribed by this
656 section or in other courses approved by the department.
657 (d) An individual who holds a license as a customer
658 representative, limited customer representative, title agent,
659 motor vehicle physical damage and mechanical breakdown insurance
660 agent, or an industrial fire insurance or burglary insurance
661 agent and who is not a licensed life or health agent, must also
662 complete a minimum of 5 10 hours of continuing education courses
663 every 2 years.
664 (e) An individual who holds a license to solicit or sell
665 life or health insurance and a license to solicit or sell
666 property, casualty, surety, or surplus lines insurance must
667 complete courses in life or health insurance for one-half of the
668 total hours required and courses in property, casualty, surety,
669 or surplus lines insurance for one-half of the total hours
670 required. However, a licensee who holds an industrial fire or
671 burglary insurance license and who is a licensed life or health
672 agent must complete 4 hours of continuing education courses
673 every 2 years related to industrial fire or burglary insurance
674 and the remaining number of hours of continuing education
675 courses related to life or health insurance.
676 (e)(f) The 5-hour update course and a minimum of 9 14 hours
677 of elective continuing education courses every 2 years.
678 (f) Elective continuing education courses for public
679 adjusters must be specifically designed for public adjusters and
680 approved by the department. Notwithstanding this subsection,
681 public adjusters for workers’ compensation insurance or health
682 insurance are not required to take continuing education courses
683 pursuant to this section.
684 (g) Excess hours accumulated during any 2-year compliance
685 period may be carried forward to the next compliance period.
686 (h) An individual teaching an approved course of
687 instruction or lecturing at any approved seminar and attending
688 the entire course or seminar qualifies for the same number of
689 classroom hours as would be granted to a person taking and
690 successfully completing such course or seminar. Credit is
691 limited to the number of hours actually taught unless a person
692 attends the entire course or seminar. An individual who is an
693 official of or employed by a governmental entity in this state
694 and serves as a professor, instructor, or other position or
695 office, the duties and responsibilities of which are determined
696 by the department to require monitoring and review of insurance
697 laws or insurance regulations and practices, is exempt from this
698 section.
699 (i) For compliance periods beginning on or after October 1,
700 2014, any person who holds a license as a title insurance agent
701 must complete a minimum of 10 hours of continuing education
702 credit every 2 years in title insurance and escrow management
703 specific to this state and approved by the department, which
704 shall include at least 3 hours of continuing education on the
705 subject matter of ethics, rules, or compliance with state and
706 federal regulations relating specifically to title insurance and
707 closing services.
708 (7) Any person who holds a license to solicit or sell life
709 insurance in this state must complete a minimum of 3 hours in
710 continuing education, approved by the department, on the subject
711 of suitability in annuity and life insurance transactions. This
712 requirement does not apply to an agent who does not have any
713 active life insurance or annuity contracts. In applying this
714 exemption, the department may require the filing of a
715 certification attesting that the agent has not sold life
716 insurance or annuities during the continuing education
717 compliance cycle in question and does not have any active life
718 insurance or annuity contracts. A licensee may use the hours
719 obtained under this paragraph to satisfy the requirement for
720 continuing education in ethics under paragraph (3)(a).
721 Section 12. Subsections (1) and (2) of section 626.292,
722 Florida Statutes, are amended to read:
723 626.292 Transfer of license from another state.—
724 (1) An Any individual licensed in good standing in another
725 state may apply to the department to have the license
726 transferred to this state to obtain a Florida resident agent or
727 all-lines adjuster license for the same lines of authority
728 covered by the license in the other state.
729 (2) To qualify for a license transfer, an individual
730 applicant must meet the following requirements:
731 (a) The individual must shall become a resident of this
732 state.
733 (b) The individual must shall have been licensed in another
734 state for a minimum of 1 year immediately preceding the date the
735 individual became a resident of this state.
736 (c) The individual must shall submit a completed
737 application for this state which is received by the department
738 within 90 days after the date the individual became a resident
739 of this state, along with payment of the applicable fees set
740 forth in s. 624.501 and submission of the following documents:
741 1. A certification issued by the appropriate official of
742 the applicant’s home state identifying the type of license and
743 lines of authority under the license and stating that, at the
744 time the license from the home state was canceled, the applicant
745 was in good standing in that state or that the state’s Producer
746 Database records, maintained by the National Association of
747 Insurance Commissioners, its affiliates, or subsidiaries,
748 indicate that the agent or all-lines adjuster is or was licensed
749 in good standing for the line of authority requested.
750 2. A set of the individual applicant’s fingerprints in
751 accordance with s. 626.171(4).
752 (d) The individual must shall satisfy prelicensing
753 education requirements in this state, unless the completion of
754 prelicensing education requirements was a prerequisite for
755 licensure in the other state and the prelicensing education
756 requirements in the other state are substantially equivalent to
757 the prelicensing requirements of this state as determined by the
758 department. This paragraph does not apply to all-lines
759 adjusters.
760 (e) The individual must shall satisfy the examination
761 requirement under s. 626.221, unless exempted exempt thereunder.
762 Section 13. Subsections (2) and (3) of section 626.311,
763 Florida Statutes, are amended to read:
764 626.311 Scope of license.—
765 (2) Except with respect as to a limited license as a credit
766 life or disability insurance agent, the license of a life agent
767 covers shall cover all classes of life insurance business.
768 (3) Except with respect as to a limited license as a travel
769 personal accident insurance agent, the license of a health agent
770 covers shall cover all kinds of health insurance; and such no
771 license may not shall be issued limited to a particular class of
772 health insurance.
773 Section 14. Subsections (1) and (4) of section 626.321,
774 Florida Statutes, are amended to read:
775 626.321 Limited licenses.—
776 (1) The department shall issue to a qualified applicant
777 individual, or a qualified individual or entity under paragraphs
778 (c), (d), (e), and (i), a license as agent authorized to
779 transact a limited class of business in any of the following
780 categories of limited lines insurance:
781 (a) Motor vehicle physical damage and mechanical breakdown
782 insurance.—License covering insurance against only the loss of
783 or damage to a any motor vehicle that which is designed for use
784 upon a highway, including trailers and semitrailers designed for
785 use with such vehicles. Such license also covers insurance
786 against the failure of an original or replacement part to
787 perform any function for which it was designed. The applicant
788 for such a license shall pass a written examination covering
789 motor vehicle physical damage insurance and mechanical breakdown
790 insurance. A licensee under this paragraph may not No individual
791 while so licensed shall hold a license as an agent for as to any
792 other or additional kind or class of insurance coverage except
793 as to a limited license for credit insurance life and disability
794 insurances as provided in paragraph (e). Effective October 1,
795 2012, all licensees holding such limited license and appointment
796 may renew the license and appointment, but no new or additional
797 licenses may be issued pursuant to this paragraph, and a
798 licensee whose limited license under this paragraph has been
799 terminated, suspended, or revoked may not have such license
800 reinstated.
801 (b) Industrial fire insurance or burglary insurance.
802 License covering only industrial fire insurance or burglary
803 insurance. The applicant for such a license must shall pass a
804 written examination covering such insurance. A licensee under
805 this paragraph may not No individual while so licensed shall
806 hold a license as an agent for as to any other or additional
807 kind or class of insurance coverage except for as to life
808 insurance and health insurance insurances.
809 (c) Travel insurance.—License covering only policies and
810 certificates of travel insurance, which are subject to review by
811 the office under s. 624.605(1)(q). Policies and certificates of
812 travel insurance may provide coverage for risks incidental to
813 travel, planned travel, or accommodations while traveling,
814 including, but not limited to, accidental death and
815 dismemberment of a traveler; trip cancellation, interruption, or
816 delay; loss of or damage to personal effects or travel
817 documents; baggage delay; emergency medical travel or evacuation
818 of a traveler; or medical, surgical, and hospital expenses
819 related to an illness or emergency of a traveler. Any Such
820 policy or certificate may be issued for terms longer than 60
821 days, but each policy or certificate, other than a policy or
822 certificate providing coverage for air ambulatory services only,
823 each policy or certificate must be limited to coverage for
824 travel or use of accommodations of no longer than 60 days. The
825 license may be issued only:
826 1. To a full-time salaried employee of a common carrier or
827 a full-time salaried employee or owner of a transportation
828 ticket agency and may authorize the sale of such ticket policies
829 only in connection with the sale of transportation tickets, or
830 to the full-time salaried employee of such an agent. No Such
831 policy may not shall be for a duration of more than 48 hours or
832 more than for the duration of a specified one-way trip or round
833 trip.
834 2. To an entity or individual that is:
835 a. The developer of a timeshare plan that is the subject of
836 an approved public offering statement under chapter 721;
837 b. An exchange company operating an exchange program
838 approved under chapter 721;
839 c. A managing entity operating a timeshare plan approved
840 under chapter 721;
841 d. A seller of travel as defined in chapter 559; or
842 e. A subsidiary or affiliate of any of the entities
843 described in sub-subparagraphs a.-d.
844
845 A licensee shall require each employee who offers policies or
846 certificates under this subparagraph to receive initial training
847 from a general lines agent or an insurer authorized under
848 chapter 624 to transact insurance within this state. For an
849 entity applying for a license as a travel insurance agent, the
850 fingerprinting requirement of this section applies only to the
851 president, secretary, and treasurer and to any other officer or
852 person who directs or controls the travel insurance operations
853 of the entity.
854 (d) Motor vehicle rental insurance.—
855 1. License covering only insurance of the risks set forth
856 in this paragraph when offered, sold, or solicited with and
857 incidental to the rental or lease of a motor vehicle and which
858 applies only to the motor vehicle that is the subject of the
859 lease or rental agreement and the occupants of the motor
860 vehicle:
861 a. Excess motor vehicle liability insurance providing
862 coverage in excess of the standard liability limits provided by
863 the lessor in the lessor’s lease to a person renting or leasing
864 a motor vehicle from the licensee’s employer for liability
865 arising in connection with the negligent operation of the leased
866 or rented motor vehicle.
867 b. Insurance covering the liability of the lessee to the
868 lessor for damage to the leased or rented motor vehicle.
869 c. Insurance covering the loss of or damage to baggage,
870 personal effects, or travel documents of a person renting or
871 leasing a motor vehicle.
872 d. Insurance covering accidental personal injury or death
873 of the lessee and any passenger who is riding or driving with
874 the covered lessee in the leased or rented motor vehicle.
875 2. Insurance under a motor vehicle rental insurance license
876 may be issued only if the lease or rental agreement is for no
877 more than 60 days, the lessee is not provided coverage for more
878 than 60 consecutive days per lease period, and the lessee is
879 given written notice that his or her personal insurance policy
880 providing coverage on an owned motor vehicle may provide
881 coverage of such risks and that the purchase of the insurance is
882 not required in connection with the lease or rental of a motor
883 vehicle. If the lease is extended beyond 60 days, the coverage
884 may be extended one time only for a period not to exceed an
885 additional 60 days. Insurance may be provided to the lessee as
886 an additional insured on a policy issued to the licensee’s
887 employer.
888 3. The license may be issued only to the full-time salaried
889 employee of a licensed general lines agent or to a business
890 entity that offers motor vehicles for rent or lease if insurance
891 sales activities authorized by the license are in connection
892 with and incidental to the rental or lease of a motor vehicle.
893 a. A license issued to a business entity that offers motor
894 vehicles for rent or lease encompasses shall encompass each
895 office, branch office, or place of business making use of the
896 entity’s business name in order to offer, solicit, and sell
897 insurance pursuant to this paragraph.
898 b. The application for licensure must list the name,
899 address, and phone number for each office, branch office, or
900 place of business that is to be covered by the license. The
901 licensee shall notify the department of the name, address, and
902 phone number of any new location that is to be covered by the
903 license before the new office, branch office, or place of
904 business engages in the sale of insurance pursuant to this
905 paragraph. The licensee must shall notify the department within
906 30 days after closing or terminating an office, branch office,
907 or place of business. Upon receipt of the notice, the department
908 shall delete the office, branch office, or place of business
909 from the license.
910 c. A licensed and appointed entity is directly responsible
911 and accountable for all acts of the licensee’s employees.
912 (e) Credit life or disability insurance.—License covering
913 only credit life, credit or disability insurance, credit
914 property, credit unemployment, involuntary unemployment,
915 mortgage life, mortgage guaranty, mortgage disability,
916 guaranteed automobile protection (GAP) insurance, and any other
917 form of insurance offered in connection with an extension of
918 credit which is limited to partially or wholly extinguishing a
919 credit obligation that the department determines should be
920 designated a form of limited line credit insurance. Effective
921 October 1, 2012, all valid licenses held by persons for any of
922 the lines of insurance listed in this paragraph shall be
923 converted to a credit insurance license. Licensees who wish to
924 obtain a new license reflecting such change must request a
925 duplicate license and pay a $5 fee as specified in s.
926 624.501(15). The license may be issued only to an individual
927 employed by a life or health insurer as an officer or other
928 salaried or commissioned representative, to an individual
929 employed by or associated with a lending or financial
930 institution or creditor, or to a lending or financial
931 institution or creditor, and may authorize the sale of such
932 insurance only with respect to borrowers or debtors of such
933 lending or financing institution or creditor. However, only the
934 individual or entity whose tax identification number is used in
935 receiving or is credited with receiving the commission from the
936 sale of such insurance shall be the licensed agent of the
937 insurer. No individual while so licensed shall hold a license as
938 an agent as to any other or additional kind or class of life or
939 health insurance coverage. An entity holding a limited license
940 under this paragraph is also authorized to sell credit insurance
941 and credit property insurance.
942 (f) Credit insurance.—License covering only credit
943 insurance, as such insurance is defined in s. 624.605(1)(i), and
944 no individual or entity so licensed shall, during the same
945 period, hold a license as an agent as to any other or additional
946 kind of life or health insurance with the exception of credit
947 life or disability insurance as defined in paragraph (e). The
948 same licensing provisions as outlined in paragraph (e) apply to
949 entities licensed as credit insurance agents under this
950 paragraph.
951 (g) Credit property insurance.—A license covering only
952 credit property insurance may be issued to any individual except
953 an individual employed by or associated with a financial
954 institution as defined in s. 655.005 and authorized to sell such
955 insurance only with respect to a borrower or debtor, not to
956 exceed the amount of the loan.
957 (f)(h) Crop hail and multiple-peril crop insurance.—License
958 for insurance covering crops subject to unfavorable weather
959 conditions, fire or lightening, flood, hail, insect infestation,
960 disease, or other yield-reducing conditions or perils which is
961 provided by the private insurance market, or which is subsidized
962 by the Federal Group Insurance Corporation including multi-peril
963 crop insurance only crop hail and multiple-peril crop insurance.
964 Notwithstanding any other provision of law, the limited license
965 may be issued to a bona fide salaried employee of an association
966 chartered under the Farm Credit Act of 1971, 12 U.S.C. ss. 2001
967 et seq., who satisfactorily completes the examination prescribed
968 by the department pursuant to s. 626.241(5). The limited agent
969 must be appointed by, and his or her limited license requested
970 by, a licensed general lines agent. All business transacted by
971 the limited agent must be on shall be in behalf of, in the name
972 of, and countersigned by the agent by whom he or she is
973 appointed. Sections 626.561 and 626.748, relating to records,
974 apply to all business written pursuant to this section. The
975 limited licensee may be appointed by and licensed for only one
976 general lines agent or agency.
977 (g)(i) In-transit and storage personal property insurance;
978 communications equipment property insurance, communications
979 equipment inland marine insurance, and communications equipment
980 service warranty agreement sales.—
981 1. A License for insurance covering only the insurance of
982 personal property not held for resale, covering the risks of
983 transportation or storage in rented or leased motor vehicles,
984 trailers, or self-service storage facilities, as the latter are
985 defined in s. 83.803. Such license, may be issued, without
986 examination, only to employees or authorized representatives of
987 lessors who rent or lease motor vehicles, trailers, or self
988 service storage facilities and who are authorized by an insurer
989 to issue certificates or other evidences of insurance to lessees
990 of such motor vehicles, trailers, or self-service storage
991 facilities under an insurance policy issued to the lessor. A
992 person licensed under this paragraph must shall give a
993 prospective purchaser of in-transit or storage personal property
994 insurance written notice that his or her homeowner’s policy may
995 provide coverage for the loss of personal property and that the
996 purchase of such insurance is not required under the lease
997 terms.
998 2. A license covering only communications equipment, for
999 the loss, theft, mechanical failure, malfunction of or damage
1000 to, communications equipment. The license may be issued only to:
1001 a. Employees or authorized representatives of a licensed
1002 general lines agent;
1003 b. The lead business location of a retail vendor of
1004 communications equipment and its branch locations; or
1005 c. Employees, agents, or authorized representatives of a
1006 retail vendor of communications equipment.
1007
1008 The license authorizes the sale of such policies, or
1009 certificates under a group master policy, only with respect to
1010 the sale of, or provision of communications service for,
1011 communications equipment. A general lines agent is not required
1012 to obtain a license under this subparagraph to offer or sell
1013 communications equipment property insurance or communication
1014 equipment inland marine insurance. The license also authorizes
1015 sales of service warranty agreements covering only
1016 communications equipment to the same extent as if licensed under
1017 s. 634.419 or s. 634.420. The provisions of this chapter
1018 requiring submission of fingerprints do not apply to
1019 communications equipment licenses issued to qualified entities
1020 under this subparagraph. Licensees offering policies under this
1021 subparagraph must receive initial training from, and have a
1022 contractual relationship with, a general lines agent. For the
1023 purposes of this subparagraph, the term “communications
1024 equipment” means handsets, pagers, personal digital assistants,
1025 portable computers, automatic answering devices, and other
1026 devices or accessories used to originate or receive
1027 communications signals or service, and includes services related
1028 to the use of such devices, such as consumer access to a
1029 wireless network; however, the term does not include
1030 telecommunications switching equipment, transmission wires, cell
1031 site transceiver equipment, or other equipment and systems used
1032 by telecommunications companies to provide telecommunications
1033 service to consumers. A branch location of a retail vendor of
1034 communications equipment licensed pursuant to paragraph (2)(b)
1035 may, in lieu of obtaining an appointment from an insurer or
1036 warranty association as provided in paragraph (2)(c), obtain a
1037 single appointment from the associated lead business location
1038 licensee licensed under paragraph (2)(a) and pay the prescribed
1039 appointment fee under s. 624.501 provided the lead business
1040 location has a single appointment from each insurer or warranty
1041 association represented and such appointment provides that it
1042 applies to the lead business location and all of its branch
1043 locations. Any branch location individually appointed by an
1044 insurer under paragraph (2)(c) prior to January 1, 2006, may
1045 replace its appointments with an appointment from its lead
1046 location at no charge. Branch location appointments shall be
1047 renewed on the first annual anniversary of licensure of the lead
1048 business location occurring more than 24 months after the
1049 initial appointment date and every 24 months thereafter.
1050 Notwithstanding s. 624.501, after July 1, 2006, the renewal fee
1051 applicable to such branch location appointments shall be $30 per
1052 appointment.
1053 (h) Portable electronics insurance.—License for property
1054 insurance or inland marine insurance that covers only loss,
1055 theft, mechanical failure, malfunction, or damage for portable
1056 electronics.
1057 1. The license may be issued only to:
1058 a. Employees or authorized representatives of a licensed
1059 general lines agent; or
1060 b. The lead business location of a retail vendor that sells
1061 portable electronics insurance. The lead business location must
1062 have a contractual relationship with a general lines agent.
1063 2. Employees or authorized representatives of a licensee
1064 under subparagraph 1. may sell or offer for sale portable
1065 electronics coverage without being subject to licensure as an
1066 insurance agent if:
1067 a. Such insurance is sold or offered for sale at a licensed
1068 location or at one of the licensee’s branch locations if the
1069 branch location is appointed by the licensed lead business
1070 location or its appointing insurers;
1071 b. The insurer issuing the insurance directly supervises or
1072 appoints a general lines agent to supervise the sale of such
1073 insurance, including the development of a training program for
1074 the employees and authorized representatives of vendors that are
1075 directly engaged in the activity of selling or offering the
1076 insurance; and
1077 c. At each location where the insurance is offered,
1078 brochures or other written materials that provide the
1079 information required by this subparagraph are made available to
1080 all prospective customers. The brochures or written materials
1081 may include information regarding portable electronics
1082 insurance, service warranty agreements, or other incidental
1083 services or benefits offered by a licensee.
1084 3. Individuals not licensed to sell portable electronics
1085 insurance may not be paid commissions based on the sale of such
1086 coverage. However, a licensee who uses a compensation plan for
1087 employees and authorized representatives which includes
1088 supplemental compensation for the sale of noninsurance products,
1089 in addition to a regular salary or hourly wages, may include
1090 incidental compensation for the sale of portable electronics
1091 insurance as a component of the overall compensation plan.
1092 4. Brochures or other written materials related to portable
1093 electronics insurance must:
1094 a. Disclose that such insurance may duplicate coverage
1095 already provided by a customer’s homeowners’ insurance policy,
1096 renters’ insurance policy, or other source of coverage;
1097 b. State that enrollment in insurance coverage is not
1098 required in order to purchase or lease portable electronics or
1099 services;
1100 c. Summarize the material terms of the insurance coverage,
1101 including the identity of the insurer, the identity of the
1102 supervising entity, the amount of any applicable deductible and
1103 how it is to be paid, the benefits of coverage, and key terms
1104 and conditions of coverage, such as whether portable electronics
1105 may be repaired or replaced with similar make and model
1106 reconditioned or nonoriginal manufacturer parts or equipment;
1107 d. Summarize the process for filing a claim, including a
1108 description of how to return portable electronics and the
1109 maximum fee applicable if the customer fails to comply with
1110 equipment return requirements; and
1111 e. State that an enrolled customer may cancel coverage at
1112 any time and that the person paying the premium will receive a
1113 refund of any unearned premium.
1114 5. A licensed and appointed general lines agent is not
1115 required to obtain a portable electronics insurance license to
1116 offer or sell portable electronics insurance at locations
1117 already licensed as an insurance agency, but may apply for a
1118 portable electronics insurance license for branch locations not
1119 otherwise licensed to sell insurance.
1120 6. A portable electronics license authorizes the sale of
1121 individual policies or certificates under a group or master
1122 insurance policy. The license also authorizes the sale of
1123 service warranty agreements covering only portable electronics
1124 to the same extent as if licensed under s. 634.419 or s.
1125 634.420.
1126 7. A licensee may bill and collect the premium for the
1127 purchase of portable electronics insurance provided that:
1128 a. If the insurance is included with the purchase or lease
1129 of portable electronics or related services, the licensee
1130 clearly and conspicuously discloses that insurance coverage is
1131 included with the purchase. Disclosure of the stand-alone cost
1132 of the premium for same or similar insurance must be made on the
1133 customer’s bill and in any marketing materials made available at
1134 the point of sale. If the insurance is not included, the charge
1135 to the customer for the insurance must be separately itemized on
1136 the customer’s bill.
1137 b. Premiums are incidental to other fees collected, are
1138 maintained in a manner that is readily identifiable, and are
1139 accounted for and remitted to the insurer or supervising entity
1140 within 60 days of receipt. Licensees are not required to
1141 maintain such funds in a segregated account.
1142 c. All funds received by a licensee from an enrolled
1143 customer for the sale of the insurance are considered funds held
1144 in trust by the licensee in a fiduciary capacity for the benefit
1145 of the insurer. Licensees may receive compensation for billing
1146 and collection services.
1147 8. Notwithstanding any other provision of law, the terms
1148 for the termination or modification of coverage under a policy
1149 of portable electronics insurance are those set forth in the
1150 policy.
1151 9. Notice or correspondence required by the policy, or
1152 otherwise required by law, may be provided by electronic means
1153 if the insurer or licensee maintains proof that the notice or
1154 correspondence was sent. Such notice or correspondence may be
1155 sent on behalf of the insurer or licensee by the general lines
1156 agent appointed by the insurer to supervise the administration
1157 of the program. For purposes of this subparagraph, an enrolled
1158 customer’s provision of an electronic mail address to the
1159 insurer or licensee is deemed to be consent to receive notices
1160 and correspondence by electronic means if a conspicuously
1161 located disclosure is provided to the customer indicating the
1162 same.
1163 10. The provisions of this chapter requiring submission of
1164 fingerprints do not apply to licenses issued to qualified
1165 entities under this paragraph.
1166 11. A branch location that sells portable electronics
1167 insurance may, in lieu of obtaining an appointment from an
1168 insurer or warranty association, obtain a single appointment
1169 from the associated lead business location licensee and pay the
1170 prescribed appointment fee under s. 624.501 if the lead business
1171 location has a single appointment from each insurer or warranty
1172 association represented and such appointment applies to the lead
1173 business location and all of its branch locations. Branch
1174 location appointments shall be renewed 24 months after the
1175 initial appointment date of the lead business location and every
1176 24 months thereafter. Notwithstanding s. 624.501, the renewal
1177 fee applicable to such branch location appointments is $30 per
1178 appointment.
1179 12. For purposes of this paragraph:
1180 a. “Branch location” means any physical location in this
1181 state at which a licensee offers its products or services for
1182 sale.
1183 b. “Portable electronics” means personal, self-contained,
1184 easily carried by an individual, battery-operated electronic
1185 communication, viewing, listening, recording, gaming, computing
1186 or global positioning devices, including cell or satellite
1187 phones, pagers, personal global positioning satellite units,
1188 portable computers, portable audio listening, video viewing or
1189 recording devices, digital cameras, video camcorders, portable
1190 gaming systems, docking stations, automatic answering devices,
1191 and other similar devices and their accessories, and service
1192 related to the use of such devices.
1193 c. “Portable electronics transaction” means the sale or
1194 lease of portable electronics or a related service, including
1195 portable electronics insurance.
1196 (4) Except as otherwise expressly provided, a person
1197 applying for or holding a limited license is shall be subject to
1198 the same applicable requirements and responsibilities that as
1199 apply to general lines agents in general, if licensed as to
1200 motor vehicle physical damage and mechanical breakdown
1201 insurance, credit property insurance, industrial fire insurance
1202 or burglary insurance, motor vehicle rental insurance, credit
1203 insurance, crop hail and multiple-peril crop insurance, in
1204 transit and storage personal property insurance, or portable
1205 electronics insurance communications equipment property
1206 insurance or communications equipment inland marine insurance,
1207 baggage and motor vehicle excess liability insurance, or credit
1208 insurance; or as apply to life agents or health agents in
1209 general, as applicable the case may be, if licensed as to travel
1210 personal accident insurance or credit life or credit disability
1211 insurance.
1212 Section 15. Section 626.342, Florida Statutes, is amended
1213 to read:
1214 626.342 Furnishing supplies to unlicensed life, health, or
1215 general lines agent prohibited; civil liability.—
1216 (1) An insurer, a managing general agent, an insurance
1217 agency, or an agent, directly or through a any representative,
1218 may not furnish to an any agent any blank forms, applications,
1219 stationery, or other supplies to be used in soliciting,
1220 negotiating, or effecting contracts of insurance on its behalf
1221 unless such blank forms, applications, stationery, or other
1222 supplies relate to a class of business for with respect to which
1223 the agent is licensed and appointed, whether for that insurer or
1224 another insurer.
1225 (2) An Any insurer, general agent, insurance agency, or
1226 agent who furnishes any of the supplies specified in subsection
1227 (1) to an any agent or prospective agent not appointed to
1228 represent the insurer and who accepts from or writes any
1229 insurance business for such agent or agency is subject to civil
1230 liability to an any insured of such insurer to the same extent
1231 and in the same manner as if such agent or prospective agent had
1232 been appointed or authorized by the insurer or such agent to act
1233 on in its or his or her behalf. The provisions of this
1234 subsection do not apply to insurance risk apportionment plans
1235 under s. 627.351.
1236 (3) This section does not apply to the placing of surplus
1237 lines business under the provisions of ss. 626.913-626.937.
1238 Section 16. Subsection (1) of section 626.381, Florida
1239 Statutes, is amended to read:
1240 626.381 Renewal, continuation, reinstatement, or
1241 termination of appointment.—
1242 (1) The appointment of an appointee continues shall
1243 continue in force until suspended, revoked, or otherwise
1244 terminated, but is subject to a renewal request filed by the
1245 appointing entity in the appointee’s birth month as to natural
1246 persons or the month the original appointment was issued license
1247 date as to entities and every 24 months thereafter, accompanied
1248 by payment of the renewal appointment fee and taxes as
1249 prescribed in s. 624.501.
1250 Section 17. Section 626.536, Florida Statutes, is amended
1251 to read:
1252 626.536 Reporting of administrative actions.—Each agent and
1253 insurance agency shall submit to the department, Within 30 days
1254 after the final disposition of an any administrative action
1255 taken against a licensee the agent or insurance agency by a
1256 governmental agency or other regulatory agency in this or any
1257 other state or jurisdiction relating to the business of
1258 insurance, the sale of securities, or activity involving fraud,
1259 dishonesty, trustworthiness, or breach of a fiduciary duty, the
1260 licensee or insurance agency must submit a copy of the order,
1261 consent to order, or other relevant legal documents to the
1262 department. The department may adopt rules to administer
1263 implementing the provisions of this section.
1264 Section 18. Section 626.551, Florida Statutes, is amended
1265 to read:
1266 626.551 Notice of change of address, name.—A Every licensee
1267 must shall notify the department, in writing, within 30 60 days
1268 after a change of name, residence address, principal business
1269 street address, mailing address, contact telephone numbers,
1270 including a business telephone number, or e-mail address. A
1271 licensee licensed agent who has moved his or her principal place
1272 of residence and principal place of business from this state
1273 shall have his or her license and all appointments immediately
1274 terminated by the department. Failure to notify the department
1275 within the required time period shall result in a fine not to
1276 exceed $250 for the first offense and, for subsequent offenses,
1277 a fine of at least $500 or suspension or revocation of the
1278 license pursuant to s. 626.611, s. 626.6115, or s. 626.621, or
1279 s. 626.6215 for a subsequent offense. The department may adopt
1280 rules to administer and enforce this section.
1281 Section 19. Subsection (14) is added to section 626.621,
1282 Florida Statutes, to read:
1283 626.621 Grounds for discretionary refusal, suspension, or
1284 revocation of agent’s, adjuster’s, customer representative’s,
1285 service representative’s, or managing general agent’s license or
1286 appointment.—The department may, in its discretion, deny an
1287 application for, suspend, revoke, or refuse to renew or continue
1288 the license or appointment of any applicant, agent, adjuster,
1289 customer representative, service representative, or managing
1290 general agent, and it may suspend or revoke the eligibility to
1291 hold a license or appointment of any such person, if it finds
1292 that as to the applicant, licensee, or appointee any one or more
1293 of the following applicable grounds exist under circumstances
1294 for which such denial, suspension, revocation, or refusal is not
1295 mandatory under s. 626.611:
1296 (14) Failure to comply with any civil, criminal, or
1297 administrative action taken by the child support enforcement
1298 program under Title IV-D of the Social Security Act, 42 U.S.C.
1299 ss. 651 et seq., to determine paternity or to establish, modify,
1300 enforce, or collect support.
1301 Section 20. Subsection (4) of section 626.641, Florida
1302 Statutes, is amended to read:
1303 626.641 Duration of suspension or revocation.—
1304 (4) During the period of suspension or revocation of a the
1305 license or appointment, and until the license is reinstated or,
1306 if revoked, a new license issued, the former licensee or
1307 appointee may shall not engage in or attempt or profess to
1308 engage in any transaction or business for which a license or
1309 appointment is required under this code or directly or
1310 indirectly own, control, or be employed in any manner by an any
1311 insurance agent, or agency, or adjuster, or adjusting firm.
1312 Section 21. Subsection (1) of section 626.651, Florida
1313 Statutes, is amended to read:
1314 626.651 Effect of suspension, revocation upon associated
1315 licenses and appointments and licensees and appointees.—
1316 (1) Upon suspension, revocation, or refusal to renew or
1317 continue any one license of a licensee an agent or customer
1318 representative, or upon suspension or revocation of eligibility
1319 to hold a license or appointment, the department shall at the
1320 same time likewise suspend or revoke all other licenses,
1321 appointments, or status of eligibility held by the licensee or
1322 appointee under this code.
1323 Section 22. Subsection (4) of section 626.730, Florida
1324 Statutes, is amended, and subsection (5) of that section is
1325 created, to read:
1326 626.730 Purpose of license.—
1327 (4) This section does not prohibit the licensing under a
1328 licensee holding a limited license for credit insurance or as to
1329 motor vehicle physical damage and mechanical breakdown insurance
1330 from being or credit property insurance of any person employed
1331 by or associated with a motor vehicle sales or financing agency,
1332 a retail sales establishment, or a consumer loan office for the
1333 purpose of insuring, other than a consumer loan office owned by
1334 or affiliated with a financial institution as defined in s.
1335 655.005, with respect to insurance of the interest of such
1336 entity agency in a motor vehicle sold or financed by it or in
1337 personal property if used as collateral for a loan.
1338 (5) This section does not apply with respect to the
1339 interest of a real estate mortgagee in or as to insurance
1340 covering such interest or in the real estate subject to such
1341 mortgage.
1342 Section 23. Section 626.732, Florida Statutes, is amended
1343 to read:
1344 626.732 Requirement as to knowledge, experience, or
1345 instruction.—
1346 (1) Except as provided in subsection (4) (3), an no
1347 applicant for a license as a general lines agent or personal
1348 lines agent, except for a chartered property and casualty
1349 underwriter (CPCU), may not other than as to a limited license
1350 as to baggage and motor vehicle excess liability insurance,
1351 credit property insurance, credit insurance, in-transit and
1352 storage personal property insurance, or communications equipment
1353 property insurance or communication equipment inland marine
1354 insurance, shall be qualified or licensed unless, within the 4
1355 years immediately preceding the date the application for license
1356 is filed with the department, the applicant has:
1357 (a) Taught or successfully completed classroom courses in
1358 insurance, 3 hours of which must shall be on the subject matter
1359 of ethics, satisfactory to the department at a school, college,
1360 or extension division thereof, approved by the department. To
1361 qualify for licensure as a personal lines agent, the applicant
1362 must complete a total of 52 hours of classroom courses in
1363 insurance;
1364 (b) Completed a correspondence course in insurance, 3 hours
1365 of which must shall be on the subject matter of ethics, which is
1366 satisfactory to the department and regularly offered by
1367 accredited institutions of higher learning in this state or
1368 extensions thereof and approved by the department, and have,
1369 except if he or she is applying for a limited license under s.
1370 626.321, for licensure as a general lines agent, has had at
1371 least 6 months of responsible insurance duties as a
1372 substantially full-time bona fide employee in all lines of
1373 property and casualty insurance set forth in the definition of
1374 general lines agent under s. 626.015 or, for licensure as a
1375 personal lines agent, has completed at least 3 months in
1376 responsible insurance duties as a substantially full-time
1377 employee in property and casualty insurance sold to individuals
1378 and families for noncommercial purposes;
1379 (c) For licensure as a general lines agent, Completed at
1380 least 1 year in responsible insurance duties as a substantially
1381 full-time bona fide employee in all lines of property and
1382 casualty insurance, exclusive of aviation and wet marine and
1383 transportation insurances but not exclusive of boats of less
1384 than 36 feet in length or aircraft not held out for hire, as set
1385 forth in the definition of a general lines agent under s.
1386 626.015, but without the education requirement described
1387 mentioned in paragraph (a) or paragraph (b) or, for licensure as
1388 a personal lines agent, has completed at least 6 months in
1389 responsible insurance duties as a substantially full-time
1390 employee in property and casualty insurance sold to individuals
1391 and families for noncommercial purposes without the education
1392 requirement in paragraph (a) or paragraph (b);
1393 (d)1. For licensure as a general lines agent, Completed at
1394 least 1 year of responsible insurance duties as a licensed and
1395 appointed customer representative or limited customer
1396 representative in commercial or personal lines of property and
1397 casualty insurance and 40 hours of classroom courses approved by
1398 the department covering the areas of property, casualty, surety,
1399 health, and marine insurance; or
1400 2. For licensure as a personal lines agent, completed at
1401 least 6 months of responsible duties as a licensed and appointed
1402 customer representative or limited customer representative in
1403 property and casualty insurance sold to individuals and families
1404 for noncommercial purposes and 20 hours of classroom courses
1405 approved by the department which are related to property and
1406 casualty insurance sold to individuals and families for
1407 noncommercial purposes;
1408 (e)1. For licensure as a general lines agent, Completed at
1409 least 1 year of responsible insurance duties as a licensed and
1410 appointed service representative in either commercial or
1411 personal lines of property and casualty insurance and 80 hours
1412 of classroom courses approved by the department covering the
1413 areas of property, casualty, surety, health, and marine
1414 insurance.; or
1415 2. For licensure as a personal lines agent, completed at
1416 least 6 months of responsible insurance duties as a licensed and
1417 appointed service representative in property and casualty
1418 insurance sold to individuals and families for noncommercial
1419 purposes and 40 hours of classroom courses approved by the
1420 department related to property and casualty insurance sold to
1421 individuals and families for noncommercial purposes; or
1422 (2) Except as provided under subsection (4), an applicant
1423 for a license as a personal lines agent, except for a chartered
1424 property and casualty underwriter (CPCU), may not be qualified
1425 or licensed unless, within the 4 years immediately preceding the
1426 date the application for license is filed with the department,
1427 the applicant has:
1428 (a) Taught or successfully completed classroom courses in
1429 insurance, 3 hours of which must be on the subject matter of
1430 ethics, at a school, college, or extension division thereof,
1431 approved by the department. To qualify for licensure, the
1432 applicant must complete a total of 52 hours of classroom courses
1433 in insurance;
1434 (b) Completed a correspondence course in insurance, 3 hours
1435 of which must be on the subject matter of ethics, which is
1436 regularly offered by accredited institutions of higher learning
1437 in this state or extensions thereof and approved by the
1438 department, and completed at least 3 months of responsible
1439 insurance duties as a substantially full-time employee in the
1440 area of property and casualty insurance sold to individuals and
1441 families for noncommercial purposes;
1442 (c) Completed at least 6 months of responsible insurance
1443 duties as a substantially full-time employee in the area of
1444 property and casualty insurance sold to individuals and families
1445 for noncommercial purposes, but without the education
1446 requirement described in paragraph (a) or paragraph (b);
1447 (d) Completed at least 6 months of responsible duties as a
1448 licensed and appointed customer representative or limited
1449 customer representative in property and casualty insurance sold
1450 to individuals and families for noncommercial purposes and 20
1451 hours of classroom courses approved by the department which are
1452 related to property and casualty insurance sold to individuals
1453 and families for noncommercial purposes;
1454 (e) Completed at least 6 months of responsible insurance
1455 duties as a licensed and appointed service representative in
1456 property and casualty insurance sold to individuals and families
1457 for noncommercial purposes and 40 hours of classroom courses
1458 approved by the department related to property and casualty
1459 insurance sold to individuals and families for noncommercial
1460 purposes; or
1461 (f) For licensure as a personal lines agent, Completed at
1462 least 3 years of responsible duties as a licensed and appointed
1463 customer representative in property and casualty insurance sold
1464 to individuals and families for noncommercial purposes.
1465 (3)(2) If Where an applicant’s qualifications as required
1466 under subsection (1) or subsection (2) in paragraph (1)(b)or
1467 paragraph (1)(c) are based in part upon the periods of
1468 employment in at responsible insurance duties prescribed
1469 therein, the applicant shall submit with the license application
1470 for license, on a form prescribed by the department, an the
1471 affidavit of his or her employer setting forth the period of
1472 such employment, that the employment same was substantially
1473 full-time, and giving a brief abstract of the nature of the
1474 duties performed by the applicant.
1475 (4)(3) An individual who was or became qualified to sit for
1476 an agent’s, customer representative’s, or adjuster’s examination
1477 at or during the time he or she was employed by the department
1478 or office and who, while so employed, was employed in
1479 responsible insurance duties as a full-time bona fide employee
1480 may shall be permitted to take an examination if application for
1481 such examination is made within 90 days after the date of
1482 termination of his or her employment with the department or
1483 office.
1484 (5)(4) Classroom and correspondence courses under
1485 subsections (1) and (2) subsection (1) must include instruction
1486 on the subject matter of unauthorized entities engaging in the
1487 business of insurance. The scope of the topic of unauthorized
1488 entities must shall include the Florida Nonprofit Multiple
1489 Employer Welfare Arrangement Act and the Employee Retirement
1490 Income Security Act, 29 U.S.C. ss. 1001 et seq., as it relates
1491 to the provision of health insurance by employers and the
1492 regulation thereof.
1493 (6) This section does not apply to an individual holding
1494 only a limited license for travel insurance, motor vehicle
1495 rental insurance, credit insurance, in-transit and storage
1496 personal property insurance, or portable electronics insurance.
1497 Section 24. Section 626.8411, Florida Statutes, is amended
1498 to read:
1499 626.8411 Application of Florida Insurance Code provisions
1500 to title insurance agents or agencies.—
1501 (1) The following provisions of part II, as applicable to
1502 general lines agents or agencies, also apply to title insurance
1503 agents or agencies:
1504 (a) Section 626.734, relating to liability of certain
1505 agents.
1506 (b) Section 626.175, relating to temporary licenses.
1507 (b)(c) Section 626.747, relating to branch agencies.
1508 (c) Section 626.749, relating to place of business in
1509 residence.
1510 (d) Section 626.753, relating to sharing of commissions.
1511 (e) Section 626.754, relating to rights of agent following
1512 termination of appointment.
1513 (2) The following provisions of part I do not apply to
1514 title insurance agents or title insurance agencies:
1515 (a) Section 626.112(7), relating to licensing of insurance
1516 agencies.
1517 (b) Section 626.231, relating to eligibility for
1518 examination.
1519 (c) Section 626.572, relating to rebating, when allowed.
1520 (d) Section 626.172, relating to agent in full-time charge.
1521 Section 25. Subsection (1) of section 626.8419, Florida
1522 Statutes, is amended to read:
1523 626.8419 Appointment of title insurance agency.—
1524 (1) The title insurer engaging or employing the title
1525 insurance agency must file with the department, on printed forms
1526 furnished by the department, an application certifying that the
1527 proposed title insurance agency meets all of the following
1528 requirements:
1529 (a) The agency must have obtained a fidelity bond in an
1530 amount, not less than $50,000, acceptable to the insurer
1531 appointing the agency. If a fidelity bond is unavailable
1532 generally, the department must adopt rules for alternative
1533 methods to comply with this paragraph.
1534 (b) The agency must have obtained errors and omissions
1535 insurance in an amount acceptable to the insurer appointing the
1536 agency. The amount of the coverage may not be less than $250,000
1537 per claim and an aggregate limit with a deductible no greater
1538 than $10,000. If errors and omissions insurance is unavailable
1539 generally, the department must adopt rules for alternative
1540 methods to comply with this paragraph.
1541 (c) Notwithstanding s. 626.8418(2), the agency must have
1542 obtained a surety bond in an amount not less than $35,000 made
1543 payable to the title insurer or title insurers appointing the
1544 agency. The surety bond must be for the benefit of any
1545 appointing title insurer damaged by a violation by the title
1546 insurance agency of its contract with the appointing title
1547 insurer. If the surety bond is payable to multiple title
1548 insurers, the surety bond must provide that each title insurer
1549 is to be notified in the event a claim is made upon the surety
1550 bond or the bond is terminated.
1551 (d) The surety bond must remain in effect and unimpaired as
1552 long as the agency is appointed by a title insurer. The agency
1553 must provide written proof to the appointing title insurer or
1554 insurers on an annual basis evidencing that the surety bond is
1555 still in effect and unimpaired.
1556 (e) A title insurer may not provide the surety bond
1557 directly or indirectly on behalf of the agency.
1558 Section 26. Section 626.8548, Florida Statutes, is created
1559 to read:
1560 626.8548 “All-lines adjuster” defined.—An “all-lines
1561 adjuster” is a person who is self-employed or employed by an
1562 insurer, a wholly owned subsidiary of an insurer, or an
1563 independent adjusting firm or other independent adjuster, and
1564 who undertakes on behalf of an insurer or other insurers under
1565 common control or ownership to ascertain and determine the
1566 amount of any claim, loss, or damage payable under an insurance
1567 contract or undertakes to effect settlement of such claim, loss,
1568 or damage. The term does not apply to life insurance or annuity
1569 contracts.
1570 Section 27. Section 626.855, Florida Statutes, is amended
1571 to read:
1572 626.855 “Independent adjuster” defined.—An “independent
1573 adjuster” means a is any person licensed as an all-lines
1574 adjuster who is self-appointed self-employed or appointed and is
1575 associated with or employed by an independent adjusting firm or
1576 other independent adjuster, and who undertakes on behalf of an
1577 insurer to ascertain and determine the amount of any claim,
1578 loss, or damage payable under an insurance contract or
1579 undertakes to effect settlement of such claim, loss, or damage.
1580 Section 28. Section 626.856, Florida Statutes, is amended
1581 to read:
1582 626.856 “Company employee adjuster” defined.—A “company
1583 employee adjuster” means is a person licensed as an all-lines
1584 adjuster who is appointed and employed on an insurer’s staff of
1585 adjusters or a wholly owned subsidiary of the insurer, and who
1586 undertakes on behalf of such insurer or other insurers under
1587 common control or ownership to ascertain and determine the
1588 amount of any claim, loss, or damage payable under a contract of
1589 insurance, or undertakes to effect settlement of such claim,
1590 loss, or damage.
1591 Section 29. Section 626.858, Florida Statutes, is repealed.
1592 Section 30. Section 626.8584, Florida Statutes, is amended
1593 to read:
1594 626.8584 “Nonresident all-lines independent adjuster”
1595 defined.—A “nonresident all-lines independent adjuster” means is
1596 a person who:
1597 (1) Is not a resident of this state;
1598 (2) Is a currently licensed as an independent adjuster in
1599 his or her state of residence for all lines of insurance except
1600 life and annuities the type or kinds of insurance for which the
1601 licensee intends to adjust claims in this state or, if a
1602 resident of a state that does not license such independent
1603 adjusters, meets the qualifications has passed the department’s
1604 adjuster examination as prescribed in s. 626.8734(1)(b); and
1605 (3) Is licensed as an all-lines adjuster and self-appointed
1606 or appointed and a self-employed independent adjuster or
1607 associated with or employed by an independent adjusting firm or
1608 other independent adjuster, by an insurer admitted to do
1609 business in this state or a wholly-owned subsidiary of an
1610 insurer admitted to do business in this state, or by other
1611 insurers under the common control or ownership of such insurer.
1612 Section 31. Section 626.863, Florida Statutes, is amended
1613 to read:
1614 626.863 Claims referrals to Licensed independent adjusters
1615 required; insurers’ responsibility.—
1616 (1) An insurer may shall not knowingly refer any claim or
1617 loss for adjustment in this state to any person purporting to be
1618 or acting as an independent adjuster unless the person is
1619 currently licensed as an all-lines adjuster and appointed as an
1620 independent adjuster under this code.
1621 (2) Before referring any claim or loss, the insurer shall
1622 ascertain from the department whether the proposed independent
1623 adjuster is currently licensed as an all-lines adjuster and
1624 appointed as an independent adjuster such. Having once
1625 ascertained that a particular person is so licensed and
1626 appointed, the insurer may assume that he or she will continue
1627 to be so licensed and appointed until the insurer has knowledge,
1628 or receives information from the department, to the contrary.
1629 (3) This section does not apply to catastrophe or emergency
1630 adjusters as provided for in this part.
1631 Section 32. Section 626.864, Florida Statutes, is amended
1632 to read:
1633 626.864 Adjuster license types.—
1634 (1) A qualified individual may be licensed and appointed as
1635 either:
1636 (a) A public adjuster; or
1637 (b) An all-lines independent adjuster; or
1638 (c) A company employee adjuster.
1639 (2) The same individual may shall not be concurrently
1640 licensed appointed as a public adjuster and an all-lines
1641 adjuster to more than one of the adjuster types referred to in
1642 subsection (1).
1643 (3) An all-lines adjuster may be appointed as an
1644 independent adjuster or company employee adjuster, but not both
1645 concurrently.
1646 Section 33. Subsection (1) of section 626.865, Florida
1647 Statutes, is amended to read:
1648 626.865 Public adjuster’s qualifications, bond.—
1649 (1) The department shall issue a license to an applicant
1650 for a public adjuster’s license upon determining that the
1651 applicant has paid the applicable fees specified in s. 624.501
1652 and possesses the following qualifications:
1653 (a) Is a natural person at least 18 years of age.
1654 (b) Is a United States citizen or legal alien who possesses
1655 work authorization from the United States Bureau of Citizenship
1656 and Immigration Services and a bona fide resident of this state.
1657 (c) Is trustworthy and has such business reputation as
1658 would reasonably assure that the applicant will conduct his or
1659 her business as insurance adjuster fairly and in good faith and
1660 without detriment to the public.
1661 (d) Has had sufficient experience, training, or instruction
1662 concerning the adjusting of damages or losses under insurance
1663 contracts, other than life and annuity contracts, is
1664 sufficiently informed as to the terms and effects of the
1665 provisions of those types of insurance contracts, and possesses
1666 adequate knowledge of the laws of this state relating to such
1667 contracts as to enable and qualify him or her to engage in the
1668 business of insurance adjuster fairly and without injury to the
1669 public or any member thereof with whom the applicant may have
1670 business as a public adjuster, or has been licensed and employed
1671 as a resident insurance company adjuster or independent adjuster
1672 in this state on a continual basis for the past year.
1673 (e) Is licensed as a public adjuster apprentice under s.
1674 626.8651 and complies with the requirements of that license
1675 throughout the licensure period.
1676 Section 34. Paragraph (b) of subsection (1) and subsection
1677 (7) of section 626.8651, Florida Statutes, are amended to read:
1678 626.8651 Public adjuster apprentice license;
1679 qualifications.—
1680 (1) The department shall issue a license as a public
1681 adjuster apprentice to an applicant who is:
1682 (b) A United States citizen or legal alien who possesses
1683 work authorization from the United States Bureau of Citizenship
1684 and Immigration Services and is a resident of this state.
1685 (7) An appointing public adjusting firm may not maintain
1686 more than 12 public adjuster apprentices simultaneously.
1687 However, a supervising public adjuster may not be responsible
1688 for more than three public adjuster apprentices simultaneously
1689 and shall be accountable for the acts of all public adjuster
1690 apprentices which are related to transacting business as a
1691 public adjuster apprentice. This subsection does not apply to a
1692 public adjusting firm that adjusts claims primarily for
1693 commercial entities with operations in more than one state and
1694 that does not directly or indirectly perform adjusting services
1695 for insurers or individual homeowners.
1696 Section 35. Section 626.866, Florida Statutes, is amended
1697 to read:
1698 626.866 All-lines adjuster Independent adjuster’s
1699 qualifications.—The department shall issue a license to an
1700 applicant for an all-lines adjuster independent adjuster’s
1701 license to an applicant upon determining that the applicable
1702 license fee specified in s. 624.501 has been paid and that the
1703 applicant possesses the following qualifications:
1704 (1) Is a natural person at least 18 years of age.
1705 (2) Is a United States citizen or legal alien who possesses
1706 work authorization from the United States Bureau of Citizenship
1707 and Immigration Services and a bona fide resident of this state.
1708 (3) Is trustworthy and has such business reputation as
1709 would reasonably assure that the applicant will conduct his or
1710 her business as insurance adjuster fairly and in good faith and
1711 without detriment to the public.
1712 (4) Has had sufficient experience, training, or instruction
1713 concerning the adjusting of damage or loss under insurance
1714 contracts, other than life and annuity contracts, is
1715 sufficiently informed as to the terms and the effects of the
1716 provisions of such types of contracts, and possesses adequate
1717 knowledge of the insurance laws of this state relating to such
1718 contracts as to enable and qualify him or her to engage in the
1719 business of insurance adjuster fairly and without injury to the
1720 public or any member thereof with whom he or she may have
1721 relations as an insurance adjuster and to adjust all claims in
1722 accordance with the policy or contract and the insurance laws of
1723 this state.
1724 (5) Has passed any required written examination or has met
1725 one of the exemptions prescribed under s. 626.221.
1726 Section 36. Section 626.867, Florida Statutes, is repealed.
1727 Section 37. Section 626.869, Florida Statutes, is amended
1728 to read:
1729 626.869 License, adjusters; continuing education.—
1730 (1) Having An applicant for a license as an all-lines
1731 adjuster qualifies the licensee to adjust may qualify and his or
1732 her license when issued may cover adjusting in any one of the
1733 following classes of insurance:
1734 (a) all lines of insurance except life and annuities.
1735 (b) Motor vehicle physical damage insurance.
1736 (c) Property and casualty insurance.
1737 (d) Workers’ compensation insurance.
1738 (e) Health insurance.
1739
1740 No examination on workers’ compensation insurance or health
1741 insurance shall be required for public adjusters.
1742 (2) All individuals who on October 1, 1990, hold an
1743 adjuster’s license and appointment limited to fire and allied
1744 lines, including marine or casualty or boiler and machinery, may
1745 remain licensed and appointed under the limited license and may
1746 renew their appointment, but a no license or appointment that
1747 which has been terminated, not renewed, suspended, or revoked
1748 may not shall be reinstated, and no new or additional licenses
1749 or appointments may not shall be issued.
1750 (3) All individuals who on October 1, 2012, hold an
1751 adjuster’s license and appointment limited to motor vehicle
1752 physical damage and mechanical breakdown, property and casualty,
1753 workers’ compensation, or health insurance may remain licensed
1754 and appointed under such limited license and may renew their
1755 appointment, but a license that has been terminated, suspended,
1756 or revoked may not be reinstated, and new or additional licenses
1757 may not be issued. The applicant’s application for license shall
1758 specify which of the foregoing classes of business the
1759 application for license is to cover.
1760 (4)(a) An Any individual holding a license as a public
1761 adjuster or an all-lines a company employee adjuster must
1762 complete all continuing education requirements as specified in
1763 s. 626.2815. or independent adjuster for 24 consecutive months
1764 or longer must, beginning in his or her birth month and every 2
1765 years thereafter, have completed 24 hours of courses, 2 hours of
1766 which relate to ethics, in subjects designed to inform the
1767 licensee regarding the current insurance laws of this state, so
1768 as to enable him or her to engage in business as an insurance
1769 adjuster fairly and without injury to the public and to adjust
1770 all claims in accordance with the policy or contract and the
1771 laws of this state.
1772 (b) Any individual holding a license as a public adjuster
1773 for 24 consecutive months or longer, beginning in his or her
1774 birth month and every 2 years thereafter, must have completed 24
1775 hours of courses, 2 hours of which relate to ethics, in subjects
1776 designed to inform the licensee regarding the current laws of
1777 this state pertaining to all lines of insurance other than life
1778 and annuities, the current laws of this state pertaining to the
1779 duties and responsibilities of public adjusters as set forth in
1780 this part, and the current rules of the department applicable to
1781 public adjusters and standard or representative policy forms
1782 used by insurers, other than forms for life insurance and
1783 annuities, so as to enable him or her to engage in business as
1784 an adjuster fairly and without injury to the public and to
1785 adjust all claims in accordance with the policy or contract and
1786 laws of this state. In order to receive credit for continuing
1787 education courses, public adjusters must take courses that are
1788 specifically designed for public adjusters and approved by the
1789 department, provided, however, no continuing education course
1790 shall be required for public adjusters for workers’ compensation
1791 insurance or health insurance.
1792 (c) The department shall adopt rules necessary to implement
1793 and administer the continuing education requirements of this
1794 subsection. For good cause shown, the department may grant an
1795 extension of time during which the requirements imposed by this
1796 section may be completed, but such extension of time may not
1797 exceed 1 year.
1798 (d) A nonresident public adjuster must complete the
1799 continuing education requirements provided by this section;
1800 provided, a nonresident public adjuster may meet the
1801 requirements of this section if the continuing education
1802 requirements of the nonresident public adjuster’s home state are
1803 determined to be substantially comparable to the requirements of
1804 this state’s continuing education requirements and if the
1805 resident’s state recognizes reciprocity with this state’s
1806 continuing education requirements. A nonresident public adjuster
1807 whose home state does not have such continuing education
1808 requirements for adjusters, and who is not licensed as a
1809 nonresident adjuster in a state that has continuing education
1810 requirements and reciprocates with this state, must meet the
1811 continuing education requirements of this section.
1812 (5) The regulation of continuing education for licensees,
1813 course providers, instructors, school officials, and monitor
1814 groups shall be as provided for in s. 626.2816.
1815 Section 38. Paragraph (c) of subsection (2) of section
1816 626.8697, Florida Statutes, is amended to read:
1817 626.8697 Grounds for refusal, suspension, or revocation of
1818 adjusting firm license.—
1819 (2) The department may, in its discretion, deny, suspend,
1820 revoke, or refuse to continue the license of any adjusting firm
1821 if it finds that any of the following applicable grounds exist
1822 with respect to the firm or any owner, partner, manager,
1823 director, officer, or other person who is otherwise involved in
1824 the operation of the firm:
1825 (c) Violation of an any order or rule of the department,
1826 office, or commission.
1827 Section 39. Subsections (1) and (5) of section 626.872,
1828 Florida Statutes, are amended to read:
1829 626.872 Temporary license.—
1830 (1) The department may, in its discretion, issue a
1831 temporary license as an all-lines independent adjuster or as a
1832 company employee adjuster, subject to the following conditions:
1833 (a) The applicant must be an employee of an adjuster
1834 currently licensed by the department, an employee of an
1835 authorized insurer, or an employee of an established adjusting
1836 firm or corporation who which is supervised by a currently
1837 licensed all-lines independent adjuster.
1838 (b) The application must be accompanied by a certificate of
1839 employment and a report as to the applicant’s integrity and
1840 moral character on a form prescribed by the department and
1841 executed by the employer.
1842 (b)(c) The applicant must be a natural person of at least
1843 18 years of age, must be a bona fide resident of this state,
1844 must be trustworthy, and must have a such business reputation
1845 that as would reasonably ensure assure that the applicant will
1846 conduct his or her business as an adjuster fairly and in good
1847 faith and without detriment to the public.
1848 (c)(d) The applicant’s employer is responsible for the
1849 adjustment acts of the temporary any licensee under this
1850 section.
1851 (d)(e) The applicable license fee specified must be paid
1852 before issuance of the temporary license.
1853 (e)(f) The temporary license is shall be effective for a
1854 period of 1 year, but is subject to earlier termination at the
1855 request of the employer, or if the licensee fails to take an
1856 examination as an all-lines independent adjuster or company
1857 employee adjuster within 6 months after issuance of the
1858 temporary license, or if the temporary license is suspended or
1859 revoked by the department.
1860 (5) The department may shall not issue a temporary license
1861 as an all-lines independent adjuster or as a company employee
1862 adjuster to an any individual who has ever held such a license
1863 in this state.
1864 Section 40. Section 626.873, Florida Statutes, is repealed.
1865 Section 41. Paragraph (e) of subsection (1) and subsection
1866 (2) of section 626.8732, Florida Statutes, are amended to read:
1867 626.8732 Nonresident public adjuster’s qualifications,
1868 bond.—
1869 (1) The department shall, upon application therefor, issue
1870 a license to an applicant for a nonresident public adjuster’s
1871 license upon determining that the applicant has paid the
1872 applicable license fees required under s. 624.501 and:
1873 (e) Has been licensed and employed as a public adjuster in
1874 the applicant’s state of residence on a continual basis for the
1875 past year 3 years, or, if the applicant’s state of residence
1876 does not issue licenses to individuals who act as public
1877 adjusters, the applicant has been licensed and employed as a
1878 resident insurance company or independent adjuster, insurance
1879 agent, insurance broker, or other insurance representative in
1880 his or her state of residence or any other state on a continual
1881 basis for the past year 3 years. This paragraph does not apply
1882 to individuals who are licensed to transact only life insurance
1883 and annuity business.
1884 (2) The applicant shall furnish the following with his or
1885 her application:
1886 (a) A complete set of his or her fingerprints. The
1887 applicant’s fingerprints must be certified by an authorized law
1888 enforcement officer. The department may not authorize an
1889 applicant to take the required examination or issue a
1890 nonresident public adjuster’s license to the applicant until the
1891 department has received a report from the Florida Department of
1892 Law Enforcement and the Federal Bureau of Investigation relative
1893 to the existence or nonexistence of a criminal history report
1894 based on the applicant’s fingerprints.
1895 (b) If currently licensed as a resident public adjuster in
1896 the applicant’s state of residence, a certificate or letter of
1897 authorization from the licensing authority of the applicant’s
1898 state of residence, stating that the applicant holds a current
1899 or comparable license to act as a public adjuster and has held
1900 the license continuously for the past year 3 years. The
1901 certificate or letter of authorization must be signed by the
1902 insurance commissioner or his or her deputy or the appropriate
1903 licensing official and must disclose whether the adjuster has
1904 ever had any license or eligibility to hold any license
1905 declined, denied, suspended, revoked, or placed on probation or
1906 whether an administrative fine or penalty has been levied
1907 against the adjuster and, if so, the reason for the action.
1908 (c) If the applicant’s state of residence does not require
1909 licensure as a public adjuster and the applicant has been
1910 licensed as a resident insurance adjuster, agent, broker, or
1911 other insurance representative in his or her state of residence
1912 or any other state, a certificate or letter of authorization
1913 from the licensing authority stating that the applicant holds or
1914 has held a license to act as such an insurance adjuster, agent,
1915 or other insurance representative and has held the license
1916 continuously for the past year 3 years. The certificate or
1917 letter of authorization must be signed by the insurance
1918 commissioner or his or her deputy or the appropriate licensing
1919 official and must disclose whether or not the adjuster, agent,
1920 or other insurance representative has ever had any license or
1921 eligibility to hold any license declined, denied, suspended,
1922 revoked, or placed on probation or whether an administrative
1923 fine or penalty has been levied against the adjuster and, if so,
1924 the reason for the action.
1925 Section 42. Section 626.8734, Florida Statutes, is amended
1926 to read:
1927 626.8734 Nonresident all-lines adjuster license
1928 independent adjuster’s qualifications.—
1929 (1) The department shall, upon application therefor, issue
1930 a license to an applicant for a nonresident all-lines adjuster
1931 independent adjuster’s license upon determining that the
1932 applicant has paid the applicable license fees required under s.
1933 624.501 and:
1934 (a) Is a natural person at least 18 years of age.
1935 (b) Has passed to the satisfaction of the department a
1936 written Florida all-lines adjuster independent adjuster’s
1937 examination of the scope prescribed in s. 626.241(6); however,
1938 the requirement for the examination does not apply to any of the
1939 following:
1940 1. An applicant who is licensed as an all-lines a resident
1941 independent adjuster in his or her home state if of residence
1942 when that state has entered into requires the passing of a
1943 written examination in order to obtain the license and a
1944 reciprocal agreement with the appropriate official of that state
1945 has been entered into by the department; or
1946 2. An applicant who is licensed as a nonresident all-lines
1947 independent adjuster in a state other than his or her home state
1948 of residence when the state of licensure requires the passing of
1949 a written examination in order to obtain the license and a
1950 reciprocal agreement with the appropriate official of the state
1951 of licensure has been entered into with by the department.
1952 (c) Is licensed as an all-lines adjuster and is self
1953 appointed, or appointed and employed by an independent adjusting
1954 firm or other independent adjuster, or is an employee of an
1955 insurer admitted to do business in this state, a wholly owned
1956 subsidiary of an insurer admitted to business in this state, or
1957 other insurers under the common control or ownership of such
1958 insurers self-employed or associated with or employed by an
1959 independent adjusting firm or other independent adjuster.
1960 Applicants licensed as nonresident all-lines independent
1961 adjusters under this section must be appointed as an independent
1962 adjuster or company employee adjuster such in accordance with
1963 the provisions of ss. 626.112 and 626.451. Appointment fees as
1964 in the amount specified in s. 624.501 must be paid to the
1965 department in advance. The appointment of a nonresident
1966 independent adjuster continues shall continue in force until
1967 suspended, revoked, or otherwise terminated, but is subject to
1968 biennial renewal or continuation by the licensee in accordance
1969 with procedures prescribed in s. 626.381 for licensees in
1970 general.
1971 (d) Is trustworthy and has such business reputation as
1972 would reasonably ensure assure that he or she will conduct his
1973 or her business as a nonresident all-lines independent adjuster
1974 fairly and in good faith and without detriment to the public.
1975 (e) Has had sufficient experience, training, or instruction
1976 concerning the adjusting of damages or losses under insurance
1977 contracts, other than life and annuity contracts; is
1978 sufficiently informed as to the terms and effects of the
1979 provisions of those types of insurance contracts; and possesses
1980 adequate knowledge of the laws of this state relating to such
1981 contracts as to enable and qualify him or her to engage in the
1982 business of insurance adjuster fairly and without injury to the
1983 public or any member thereof with whom he or she may have
1984 business as an all-lines independent adjuster.
1985 (2) The applicant must shall furnish the following with his
1986 or her application:
1987 (a) A complete set of his or her fingerprints. The
1988 applicant’s fingerprints must be certified by an authorized law
1989 enforcement officer.
1990 (b) If currently licensed as an all-lines a resident
1991 independent adjuster in the applicant’s home state of residence,
1992 a certificate or letter of authorization from the licensing
1993 authority of the applicant’s home state of residence, stating
1994 that the applicant holds a current license to act as an all
1995 lines independent adjuster. The Such certificate or letter of
1996 authorization must be signed by the insurance commissioner, or
1997 his or her deputy or the appropriate licensing official, and
1998 must disclose whether the adjuster has ever had a any license or
1999 eligibility to hold any license declined, denied, suspended,
2000 revoked, or placed on probation or whether an administrative
2001 fine or penalty has been levied against the adjuster and, if so,
2002 the reason for the action. Such certificate or letter is not
2003 required if the nonresident applicant’s licensing status can be
2004 verified through the Producer Database maintained by the
2005 National Association of Insurance Commissioners, its affiliates,
2006 or subsidiaries.
2007 (c) If the applicant’s home state of residence does not
2008 require licensure as an all-lines independent adjuster and the
2009 applicant has been licensed as a resident insurance adjuster,
2010 agent, broker, or other insurance representative in his or her
2011 home state of residence or any other state within the past 3
2012 years, a certificate or letter of authorization from the
2013 licensing authority stating that the applicant holds or has held
2014 a license to act as an insurance adjuster, agent, or other
2015 insurance representative. The certificate or letter of
2016 authorization must be signed by the insurance commissioner, or
2017 his or her deputy or the appropriate licensing official, and
2018 must disclose whether the adjuster, agent, or other insurance
2019 representative has ever had a any license or eligibility to hold
2020 any license declined, denied, suspended, revoked, or placed on
2021 probation or whether an administrative fine or penalty has been
2022 levied against the adjuster and, if so, the reason for the
2023 action. Such certificate or letter is not required if the
2024 nonresident applicant’s licensing status can be verified through
2025 the Producer Database maintained by the National Association of
2026 Insurance Commissioners, its affiliates, or subsidiaries.
2027 (3) The usual and customary records pertaining to
2028 transactions under the license of a nonresident all-lines
2029 independent adjuster must be retained for at least 3 years after
2030 completion of the adjustment and must be made available in this
2031 state to the department upon request. The failure of a
2032 nonresident all-lines independent adjuster to properly maintain
2033 records and make them available to the department upon request
2034 constitutes grounds for the immediate suspension of the license
2035 issued under this section.
2036 (4) After licensure as a nonresident independent adjuster,
2037 As a condition of doing business in this state as a nonresident
2038 independent adjuster, the appointee must licensee must annually
2039 on or before January 1, on a form prescribed by the department,
2040 submit an affidavit to the department certifying that the
2041 licensee is familiar with and understands the insurance laws and
2042 administrative rules of this state and the provisions of the
2043 contracts negotiated or to be negotiated. Compliance with this
2044 filing requirement is a condition precedent to the issuance,
2045 continuation, reinstatement, or renewal of a nonresident
2046 independent adjuster’s appointment.
2047 Section 43. Section 626.8736, Florida Statutes, is amended
2048 to read:
2049 626.8736 Nonresident independent or public adjusters;
2050 service of process.—
2051 (1) Each licensed nonresident independent or public
2052 adjuster or all-lines adjuster appointed as an independent
2053 adjuster shall appoint the Chief Financial Officer and his or
2054 her successors in office as his or her attorney to receive
2055 service of legal process issued against such the nonresident
2056 independent or public adjuster in this state, upon causes of
2057 action arising within this state out of transactions under his
2058 license and appointment. Service upon the Chief Financial
2059 Officer as attorney constitutes shall constitute effective legal
2060 service upon the nonresident independent or public adjuster.
2061 (2) The appointment of the Chief Financial Officer for
2062 service of process is shall be irrevocable for as long as there
2063 could be any cause of action against the nonresident independent
2064 or public adjuster or all-lines adjuster appointed as an
2065 independent adjuster arising out of his or her insurance
2066 transactions in this state.
2067 (3) Duplicate copies of legal process against the
2068 nonresident independent or public adjuster or all-lines adjuster
2069 appointed as an independent adjuster shall be served upon the
2070 Chief Financial Officer by a person competent to serve a
2071 summons.
2072 (4) Upon receiving the service, the Chief Financial Officer
2073 shall forthwith send one of the copies of the process, by
2074 registered mail with return receipt requested, to the defendant
2075 nonresident independent or public adjuster or all-lines adjuster
2076 appointed as an independent adjuster at his or her last address
2077 of record with the department.
2078 (5) The Chief Financial Officer shall keep a record of the
2079 day and hour of service upon him or her of all legal process
2080 received under this section.
2081 Section 44. Subsection (1) of section 626.874, Florida
2082 Statutes, is amended to read:
2083 626.874 Catastrophe or emergency adjusters.—
2084 (1) In the event of a catastrophe or emergency, the
2085 department may issue a license, for the purposes and under the
2086 conditions which it shall fix and for the period of emergency as
2087 it shall determine, to persons who are residents or nonresidents
2088 of this state, who are at least 18 years of age, who are United
2089 States citizens or legal aliens who possess work authorization
2090 from the United States Bureau of Citizenship and Immigration
2091 Services, and who are not licensed adjusters under this part but
2092 who have been designated and certified to it as qualified to act
2093 as adjusters by all-lines independent resident adjusters, or by
2094 an authorized insurer, or by a licensed general lines agent to
2095 adjust claims, losses, or damages under policies or contracts of
2096 insurance issued by such insurers. The fee for the license is
2097 shall be as provided in s. 624.501(12)(c).
2098 Section 45. Subsection (1) of section 626.875, Florida
2099 Statutes, is amended to read:
2100 626.875 Office and records.—
2101 (1) Each appointed Every licensed independent adjuster and
2102 every licensed public adjuster must shall have and maintain in
2103 this state a place of business in this state which is accessible
2104 to the public and keep therein the usual and customary records
2105 pertaining to transactions under the license. This provision
2106 does shall not be deemed to prohibit maintenance of such an
2107 office in the home of the licensee.
2108 Section 46. Section 626.876, Florida Statutes, is amended
2109 to read:
2110 626.876 Exclusive employment; public adjusters, independent
2111 adjusters.—
2112 (1) An No individual licensed and appointed as a public
2113 adjuster may not shall be so employed during the same period by
2114 more than one public adjuster or public adjuster firm or
2115 corporation.
2116 (2) An No individual licensed as an all-lines adjuster and
2117 appointed as an independent adjuster may not shall be so
2118 employed during the same period by more than one independent
2119 adjuster or independent adjuster firm or corporation.
2120 Section 47. Subsection (2) of section 626.8796, Florida
2121 Statutes, is amended to read:
2122 626.8796 Public adjuster contracts; fraud statement.—
2123 (2) A public adjuster contract relating to a property and
2124 casualty claim must contain the full name, permanent business
2125 address, and license number of the public adjuster; the full
2126 name of the public adjusting firm; and the insured’s full name
2127 and street address, together with a brief description of the
2128 loss. The contract must state the percentage of compensation for
2129 the public adjuster’s services; the type of claim, including an
2130 emergency claim, nonemergency claim, or supplemental claim; the
2131 signatures of the public adjuster and all named insureds; and
2132 the signature date. If all of the named insureds’ signatures are
2133 not available, the public adjuster must submit an affidavit
2134 signed by the available named insureds attesting that they have
2135 authority to enter into the contract and settle all claim issues
2136 on behalf of the named insureds. An unaltered copy of the
2137 executed contract must be remitted to the insurer within 30 days
2138 after execution. A public adjusting firm that adjusts claims
2139 primarily for commercial entities with operations in more than
2140 one state and that does not directly or indirectly perform
2141 adjusting services for insurers or individual homeowners is
2142 deemed to comply with the requirements of this subsection if, at
2143 the time a proof of loss is submitted, the public adjusting firm
2144 remits to the insurer an affidavit signed by the public adjuster
2145 or public adjuster apprentice that identifies:
2146 (a) The full name, permanent business address, and license
2147 number of the public adjuster or public adjuster apprentice.
2148 (b) The full name of the public adjusting firm.
2149 (c) The insured’s full name and street address, together
2150 with a brief description of the loss.
2151 (d) An attestation that the compensation for public
2152 adjusting services will not exceed the limitations provided by
2153 law.
2154 (e) The type of claim, including an emergency claim,
2155 nonemergency claim, or supplemental claim.
2156 Section 48. Subsections (5), (6), and (7) of section
2157 626.927, Florida Statutes, are amended to read:
2158 626.927 Licensing of surplus lines agent.—
2159 (5) The applicant must file and thereafter maintain the
2160 bond as required under s. 626.928.
2161 (5)(6) Examinations as to surplus lines, as required under
2162 subsections (1) and (2), are shall be subject to the provisions
2163 of part I as applicable to applicants for licenses in general.
2164 No such examination shall be required as to persons who held a
2165 Florida surplus lines agent’s license as of January 1, 1959,
2166 except when examinations subsequent to issuance of an initial
2167 license are provided for in general under part I.
2168 (6)(7) An Any individual who has been licensed by the
2169 department as a surplus lines agent as provided in this section
2170 may be subsequently appointed without additional written
2171 examination if his or her application for appointment is filed
2172 with the department within 48 months after next following the
2173 date of cancellation or expiration of the prior appointment. The
2174 department may, in its discretion, require an any individual to
2175 take and successfully pass an examination as for original
2176 issuance of license as a condition precedent to the
2177 reinstatement or continuation of the licensee’s current license
2178 or reinstatement or continuation of the licensee’s appointment.
2179 Section 49. Section 626.928, Florida Statutes, is repealed.
2180 Section 50. Section 626.933, Florida Statutes, is amended
2181 to read:
2182 626.933 Collection of tax and service fee.—If the tax or
2183 service fee payable by a surplus lines agent under the this
2184 Surplus Lines Law is not so paid within the time prescribed, it
2185 the same shall be recoverable in a suit brought by the
2186 department against the surplus lines agent and the surety or
2187 sureties on the bond filed by the surplus lines agent under s.
2188 626.928. The department may authorize the Florida Surplus Lines
2189 Service Office to file suit on its behalf. All costs and
2190 expenses incurred in a suit brought by the office which are not
2191 recoverable from the agent or surety shall be borne by the
2192 office.
2193 Section 51. Subsection (1) of section 626.935, Florida
2194 Statutes, is amended to read:
2195 626.935 Suspension, revocation, or refusal of surplus lines
2196 agent’s license.—
2197 (1) The department shall deny an application for, suspend,
2198 revoke, or refuse to renew the appointment of a surplus lines
2199 agent and all other licenses and appointments held by the
2200 licensee under this code, on upon any of the following grounds:
2201 (a) Removal of the licensee’s office from the licensee’s
2202 state of residence.
2203 (b) Removal of the accounts and records of his or her
2204 surplus lines business from this state or the licensee’s state
2205 of residence during the period when such accounts and records
2206 are required to be maintained under s. 626.930.
2207 (c) Closure of the licensee’s office for a period of more
2208 than 30 consecutive days.
2209 (d) Failure to make and file his or her affidavit or
2210 reports when due as required by s. 626.931.
2211 (e) Failure to pay the tax or service fee on surplus lines
2212 premiums, as provided for in the this Surplus Lines Law.
2213 (f) Failure to maintain the bond as required by s. 626.928.
2214 (f)(g) Suspension, revocation, or refusal to renew or
2215 continue the license or appointment as a general lines agent,
2216 service representative, or managing general agent.
2217 (g)(h) Lack of qualifications as for an original surplus
2218 lines agent’s license.
2219 (h)(i) Violation of this Surplus Lines Law.
2220 (i)(j) For any other applicable cause for which the license
2221 of a general lines agent could be suspended, revoked, or refused
2222 under s. 626.611 or s. 626.621.
2223 Section 52. Paragraph (b) of subsection (1) of section
2224 627.952, Florida Statutes, is amended to read:
2225 627.952 Risk retention and purchasing group agents.—
2226 (1) Any person offering, soliciting, selling, purchasing,
2227 administering, or otherwise servicing insurance contracts,
2228 certificates, or agreements for any purchasing group or risk
2229 retention group to any resident of this state, either directly
2230 or indirectly, by the use of mail, advertising, or other means
2231 of communication, shall obtain a license and appointment to act
2232 as a resident general lines agent, if a resident of this state,
2233 or a nonresident general lines agent if not a resident. Any such
2234 person shall be subject to all requirements of the Florida
2235 Insurance Code.
2236 (b) Any person required to be licensed and appointed under
2237 by this subsection, in order to place business through Florida
2238 eligible surplus lines carriers, must shall, if a resident of
2239 this state, be licensed and appointed as a surplus lines agent.
2240 Any such person, If not a resident of this state, such person
2241 must shall be licensed and appointed as a surplus lines agent in
2242 her or his state of residence and shall file and thereafter
2243 maintain a fidelity bond in favor of the people of the State of
2244 Florida executed by a surety company admitted in this state and
2245 payable to the State of Florida; provided, however, any
2246 activities carried out by such nonresident is pursuant to this
2247 part shall be limited to the provision of insurance for
2248 purchasing groups. The bond must shall be continuous in form and
2249 maintained in the amount of not less than $50,000, aggregate
2250 liability set out in s. 626.928. The bond must shall remain in
2251 force and effect until the surety is released from liability by
2252 the department or until the bond is canceled by the surety. The
2253 surety may cancel the bond and be released from further
2254 liability thereunder upon 30 days’ prior written notice to the
2255 department. The cancellation does shall not affect any liability
2256 incurred or accrued thereunder before the termination of the 30
2257 day period. Upon receipt of a notice of cancellation, the
2258 department shall immediately notify the agent.
2259 Section 53. Subsections (1) and (2) of section 635.051,
2260 Florida Statutes, are amended to read:
2261 635.051 Licensing and appointment of mortgage guaranty
2262 insurance agents.—
2263 (1) Effective October 1, 2012, a person may not transact
2264 mortgage guaranty insurance unless licensed and appointed as a
2265 credit insurance agent in accordance with the applicable
2266 provisions of the insurance code. Mortgage guaranty licenses
2267 held by persons on October 1, 2012, shall be transferred to a
2268 credit insurance agent license. Persons who wish to obtain a new
2269 license identification card that reflects this change must
2270 submit the $5 fee as prescribed in s. 624.501(15). Agents of
2271 mortgage guaranty insurers shall be licensed and appointed and
2272 shall be subject to the same qualifications and requirements
2273 applicable to general lines agents under the laws of this state,
2274 except that:
2275 (a) Particular preliminary specialized education or
2276 training is not required of an applicant for such an agent’s
2277 license, and continuing education is not required for renewal of
2278 the agent’s appointment if, as part of the application for
2279 license and appointment, the insurer guarantees that the
2280 applicant will receive the necessary training to enable him or
2281 her properly to hold himself or herself out to the public as a
2282 mortgage guaranty insurance agent and if the department, in its
2283 discretion, accepts such guaranty;
2284 (b) The agent’s license and appointment shall be a limited
2285 license, limited to the handling of mortgage guaranty insurance
2286 only; and
2287 (c) An examination may be required of an applicant for such
2288 a license if the insurer fails to provide the guaranty described
2289 in paragraph (a).
2290 (2) Any general lines agent licensed under chapter 626 is
2291 qualified to represent a mortgage guaranty insurer without
2292 additional licensure examination.
2293 Section 54. Subsection (1) of section 648.34, Florida
2294 Statutes, is amended to read:
2295 648.34 Bail bond agents; qualifications.—
2296 (1) An application for licensure as a bail bond agent must
2297 be submitted on forms prescribed by the department. The
2298 application must include the applicant’s full name; date of
2299 birth; social security number; residence, business, and mailing
2300 addresses; contact telephone numbers, including a business
2301 telephone number; and e-mail address.
2302 Section 55. Subsection (2) of section 648.38, Florida
2303 Statutes, is amended to read:
2304 648.38 Licensure examination for bail bond agents; time;
2305 place; fees; scope.—
2306 (2) The department or a person designated by the department
2307 shall provide mail written notice of the time and place of the
2308 examination to each applicant for licensure required to take an
2309 examination who will be eligible to take the examination as of
2310 the examination date. The notice shall be e-mailed so mailed,
2311 postage prepaid, and addressed to the applicant at the e-mail
2312 his or her address shown on his or her application for licensure
2313 or at such other address as requested by the applicant in
2314 writing filed with the department prior to the mailing of the
2315 notice. Notice shall be deemed given when so mailed.
2316 Section 56. Section 648.385, Florida Statutes, is amended
2317 to read:
2318 648.385 Continuing education required; application;
2319 exceptions; requirements; penalties.—
2320 (1) The purpose of this section is to establish
2321 requirements and standards for continuing education courses for
2322 persons authorized to write bail bonds in this state.
2323 (2)(a) Each person subject to the provisions of this
2324 chapter must complete a minimum of 14 hours of continuing
2325 education courses every 2 years as specified in s. 626.2815 in
2326 courses approved by the department. Compliance with continuing
2327 education requirements is a condition precedent to the issuance,
2328 continuation, or renewal of any appointment subject to the
2329 provisions of this chapter.
2330 (b) A person teaching any approved course of instruction or
2331 lecturing at any approved seminar and attending the entire
2332 course or seminar shall qualify for the same number of classroom
2333 hours as would be granted to a person taking and successfully
2334 completing such course, seminar, or program. Credit shall be
2335 limited to the number of hours actually taught unless a person
2336 attends the entire course or seminar.
2337 (c) For good cause shown, the department may grant an
2338 extension of time during which the requirements imposed by this
2339 section may be completed, but such extension of time may not
2340 exceed 1 year.
2341 (3)(a) Any bail-related course developed or sponsored by
2342 any authorized insurer or recognized bail bond agents’
2343 association, or any independent study program of instruction,
2344 subject to approval by the department, qualifies for the
2345 equivalency of the number of classroom hours assigned to such
2346 course by the department. However, unless otherwise provided in
2347 this section, continuing education credit may not be credited
2348 toward meeting the requirements of this section unless the
2349 course is provided by classroom instruction or results in a
2350 monitored examination.
2351 (b) Each person or entity sponsoring a course for
2352 continuing education credit must furnish, within 30 days after
2353 completion of the course, in a form satisfactory to the
2354 department or its designee, a written and certified roster
2355 showing the name and license number of all persons successfully
2356 completing such course and requesting credit, accompanied by the
2357 required fee. The department shall refuse to issue, continue, or
2358 renew the appointment of any bail bond agent who has not had the
2359 continuing education requirements certified unless the agent has
2360 been granted an extension by the department.
2361 Section 57. Section 648.421, Florida Statutes, is amended
2362 to read:
2363 648.421 Notice of change of address or telephone number.
2364 Each licensee under this chapter shall notify in writing the
2365 department, insurer, managing general agent, and the clerk of
2366 each court in which the licensee is registered within 10 working
2367 days after a change in the licensee’s principal business address
2368 or telephone number. The licensee shall also notify the
2369 department within 10 working days after a change of the name,
2370 address, or telephone number of each agency or firm for which he
2371 or she writes bonds and any change in the licensee’s name, home
2372 address, e-mail address, or telephone number.
2373 Section 58. Except as otherwise expressly provided in this
2374 act, this act shall take effect October 1, 2012.
2375
2376 ================= T I T L E A M E N D M E N T ================
2377 And the title is amended as follows:
2378 Delete everything before the enacting clause
2379 and insert:
2380 A bill to be entitled
2381 An act relating to insurance agents and adjusters;
2382 amending s. 626.015, F.S.; revising the definitions of
2383 “adjuster” and “home state”; amending s. 626.0428,
2384 F.S.; revising provisions relating to who may bind
2385 insurance coverage; amending s. 626.171, F.S.;
2386 providing that an applicant is responsible for the
2387 information in an application even if completed by a
2388 third party; requiring an application to include a
2389 statement about the method used to meet certain
2390 requirements; amending s. 626.191, F.S.; revising
2391 provisions relating to when an applicant may apply for
2392 a license after an initial application is denied by
2393 the Department of Financial Services; amending s.
2394 626.221, F.S.; revising provisions relating to license
2395 examinations; conforming provisions relating to all
2396 lines adjusters; deleting an exemption from
2397 examination for certain adjusters; amending s.
2398 626.231, F.S.; providing for submitting an application
2399 for examination on a designee’s website; amending s.
2400 626.241, F.S.; revising the scope of the examination
2401 for an all-lines adjuster; amending s. 626.251, F.S.;
2402 providing for e-mailing notices of examinations;
2403 amending s. 626.281, F.S.; specifying how many times
2404 an applicant may take an examination during a year;
2405 amending s. 626.2815, F.S.; revising provisions
2406 relating to continuing education requirements;
2407 providing that persons on active military duty may
2408 seek a waiver; providing for an update course and the
2409 contents of such course; deleting requirements
2410 relating specifically to certain types of insurance;
2411 providing education requirements for bail bond agents
2412 and public adjusters; eliminating the continuing
2413 education advisory board; amending s. 626.292, F.S.;
2414 conforming provisions to changes made by the act
2415 relating to all-lines adjusters; amending s. 626.311,
2416 F.S.; conforming provisions to changes made by the act
2417 relating to limited licenses; amending s. 626.321,
2418 F.S.; revising provisions relating to limited
2419 licenses; prohibiting the future issuance of new
2420 limited licenses for motor vehicle physical damage and
2421 mechanical breakdown insurance; combining limited
2422 licenses relating to credit insurance; specifying
2423 events covered by crop hail and multiple-peril crop
2424 insurance; revising in-transit and storage personal
2425 property insurance to create a limited license for
2426 portable electronics insurance; amending s. 626.342,
2427 F.S.; clarifying that the prohibition relating to the
2428 furnishing of supplies to unlicensed agents applies to
2429 all unlicensed agents; amending s. 626.381, F.S.;
2430 revising provisions relating to the reporting of
2431 administrative actions; amending s. 626.536, F.S.;
2432 clarifying requirements for reporting administrative
2433 actions taken against a licensee; amending s. 626.551,
2434 F.S.; shortening the time within which a licensee must
2435 report to the department a change in certain
2436 information; authorizing the Department of Financial
2437 Services to adopt rules relating to notification of a
2438 change of address; amending s. 626.621, F.S.; adding
2439 failure to comply with child support requirements as
2440 grounds for action against a license; amending s.
2441 626.641, F.S.; clarifying provisions relating to the
2442 suspension or revocation of a license or appointment;
2443 amending s. 626.651, F.S.; revising provisions
2444 relating to the suspension or revocation of licenses;
2445 amending ss. 626.730 and 626.732, F.S.; revising
2446 provisions relating to the purpose of the general
2447 lines and personal lines license and certain
2448 requirements related to general lines and personal
2449 lines agents; conforming provisions to changes made by
2450 the act relating to limited licenses; amending s.
2451 626.8411, F.S.; revising requirements and exemptions
2452 relating to title insurance agents or agencies;
2453 amending s. 626.8419, F.S.; requiring title insurance
2454 agencies to obtain surety bonds payable to appointing
2455 title insurers under certain circumstances; providing
2456 that such surety bonds must require notification of
2457 title insurers under certain circumstances; requiring
2458 title insurance agencies to periodically provide
2459 certain evidence relating to surety bonds; restricting
2460 title insurers from providing surety bonds under
2461 certain circumstances; creating s. 626.8548, F.S.;
2462 defining the term “all-lines adjuster”; amending s.
2463 626.855, F.S.; revising the definition of “independent
2464 adjuster”; amending s. 626.856, F.S.; revising the
2465 definition of “company employee adjuster”; repealing
2466 s. 626.858, F.S., relating to defining “nonresident
2467 company employee adjuster”; amending s. 626.8584,
2468 F.S.; revising the definition of “nonresident all
2469 lines adjuster”; amending s. 626.863, F.S.; conforming
2470 provisions to changes made by the act relating to all
2471 lines adjusters; amending s. 626.864, F.S.; revising
2472 provisions relating to adjuster license types;
2473 amending s. 626.865, F.S.; deleting the requirement
2474 that an applicant for public adjuster be a resident of
2475 the state; requiring an applicant for public adjuster
2476 to be licensed as a public adjuster apprentice;
2477 amending s. 626.8651, F.S.; deleting the requirement
2478 that an applicant for public adjuster apprentice be a
2479 resident of the state; providing that a limitation on
2480 the number of public adjuster apprentices does not
2481 apply to a public adjusting firm that adjusts claims
2482 exclusively for institutions that service or guarantee
2483 mortgages; amending s. 626.866, F.S.; conforming
2484 provisions to changes made by the act relating to all
2485 lines adjusters; repealing s. 626.867, F.S., relating
2486 to qualifications for company employee adjusters;
2487 amending s. 626.869, F.S.; revising provisions
2488 relating to an all-lines adjuster license; ceasing the
2489 issuance of certain adjuster licenses; revising
2490 continuing education requirements; amending s.
2491 626.8697, F.S.; revising provisions relating to the
2492 violation of rules resulting in the suspension or
2493 revocation of an adjuster’s license; amending s.
2494 626.872, F.S.; conforming provisions to changes made
2495 by the act relating to all-lines adjusters; repealing
2496 s. 626.873, F.S., relating to licensure for
2497 nonresident company employee adjusters; amending s.
2498 626.8732, F.S.; revising the requirements for
2499 nonresident public adjuster licensure; amending s.
2500 626.8734, F.S.; amending provisions relating to
2501 nonresident all-lines adjusters; providing for
2502 verifying an applicant’s status through the National
2503 Association of Insurance Commissioners’ Producer
2504 Database; amending ss. 626.8736, 626.874, 626.875, and
2505 626.876, F.S.; conforming provisions to changes made
2506 by the act relating to all-lines adjusters; amending
2507 s. 626.8796, F.S.; requiring a public adjusting firm
2508 that adjusts claims exclusively for institutions that
2509 guarantee or service mortgages to provide an affidavit
2510 to an insurer with certain information; amending s.
2511 626.927, F.S.; deleting a requirement that a licensed
2512 surplus lines agent maintain a bond; repealing s.
2513 626.928, F.S., relating to a surplus lines agent’s
2514 bond; amending ss. 626.933, 626.935, and 627.952,
2515 F.S.; conforming cross-references; amending s.
2516 635.051, F.S.; requiring persons transacting mortgage
2517 guaranty insurance to be licensed and appointed as a
2518 credit insurance agent; amending s. 648.34, F.S.;
2519 requiring application information for bail bond
2520 agents; amending s. 648.38, F.S.; revising the notice
2521 of examination requirements for bail bond agents;
2522 amending s. 648.385, F.S.; revising continuing
2523 education courses for bail bond agents, to conform to
2524 changes made by the act; amending s. 648.421, F.S.;
2525 requiring a bail bond agent to provide notification of
2526 a change in his or her e-mail address; providing
2527 effective dates.