Florida Senate - 2012                              CS for SB 938
       
       
       
       By the Committee on Banking and Insurance; and Senator Richter
       
       
       
       
       597-01751-12                                           2012938c1
    1                        A bill to be entitled                      
    2         An act relating to insurance agents and adjusters;
    3         amending s. 624.501, F.S.; deleting a title insurer
    4         administrative surcharge for a licensed title
    5         insurance agency; amending s. 624.505, F.S.; deleting
    6         a requirement that an insurer pay an agent tax for
    7         each county in which an agent represents the insurer
    8         and has a place of business; amending s. 626.015,
    9         F.S.; revising the definitions of “adjuster” and “home
   10         state”; amending s. 626.0428, F.S.; revising
   11         provisions relating to who may bind insurance
   12         coverage; amending s. 626.171, F.S.; providing that an
   13         applicant is responsible for the information in an
   14         application even if completed by a third party;
   15         requiring an application to include a statement about
   16         the method used to meet certain requirements; amending
   17         s. 626.191, F.S.; revising provisions relating to when
   18         an applicant may apply for a license after an initial
   19         application is denied by the Department of Financial
   20         Services; amending s. 626.221, F.S.; revising
   21         provisions relating to license examinations;
   22         conforming provisions relating to all-lines adjusters;
   23         deleting an exemption from examination for certain
   24         adjusters; amending s. 626.231, F.S.; providing for
   25         submitting an application for examination on a
   26         designee’s website; requiring the applicant’s e-mail
   27         address; amending s. 626.241, F.S.; revising the scope
   28         of the examination for an all-lines adjuster; amending
   29         s. 626.251, F.S.; providing for e-mailing notices of
   30         examinations; amending s. 626.281, F.S.; specifying
   31         how many times an applicant may take an examination
   32         during a year; amending s. 626.2815, F.S.; revising
   33         provisions relating to continuing education
   34         requirements; providing that persons on active
   35         military duty may seek a waiver; providing for an
   36         update course and the contents of such course;
   37         deleting requirements relating specifically to certain
   38         types of insurance; providing education requirements
   39         for bail bond agents and public adjusters; eliminating
   40         the continuing education advisory board; amending s.
   41         626.292, F.S.; conforming provisions to changes made
   42         by the act relating to all-lines adjusters; amending
   43         s. 626.311, F.S.; conforming provisions to changes
   44         made by the act relating to limited licenses; amending
   45         s. 626.321, F.S.; revising provisions relating to
   46         limited licenses; prohibiting the future issuance of
   47         new limited licenses for motor vehicle physical damage
   48         and mechanical breakdown insurance; combining limited
   49         licenses relating to credit insurance; specifying
   50         events covered by crop hail and multiple-peril crop
   51         insurance; revising in-transit and storage personal
   52         property insurance to create a limited license for
   53         portable electronics insurance; amending s. 626.342,
   54         F.S.; clarifying that the prohibition relating to the
   55         furnishing of supplies to unlicensed agents applies to
   56         all unlicensed agents; amending s. 626.381, F.S.;
   57         revising provisions relating to the reporting of
   58         administrative actions; amending s. 626.536, F.S.;
   59         clarifying requirements for reporting administrative
   60         actions taken against a licensee; amending s. 626.551,
   61         F.S.; shortening the time within which a licensee must
   62         report to the department a change in certain
   63         information; authorizing the Department of Financial
   64         Services to adopt rules relating to notification of a
   65         change of address; amending s. 626.621, F.S.; adding
   66         failure to comply with child support requirements as
   67         grounds for action against a license; amending s.
   68         626.641, F.S.; clarifying provisions relating to the
   69         suspension or revocation of a license or appointment;
   70         amending s. 626.651, F.S.; revising provisions
   71         relating to the suspension or revocation of licenses;
   72         amending ss. 626.730 and 626.732, F.S.; revising
   73         provisions relating to the purpose of the general
   74         lines and personal lines license and certain
   75         requirements related to general lines and personal
   76         lines agents; conforming provisions to changes made by
   77         the act relating to limited licenses; amending s.
   78         626.8411, F.S.; revising requirements and exemptions
   79         relating to title insurance agents or agencies;
   80         amending s. 626.8418, F.S.; deleting the requirement
   81         that a title insurance agency deposit certain
   82         securities with the department; creating s. 626.8548,
   83         F.S.; defining the term “all-lines adjuster”; amending
   84         s. 626.855, F.S.; revising the definition of
   85         “independent adjuster”; amending s. 626.856, F.S.;
   86         revising the definition of “company employee
   87         adjuster”; repealing s. 626.858, F.S., relating to
   88         defining “nonresident company employee adjuster”;
   89         amending s. 626.8584, F.S.; revising the definition of
   90         “nonresident all-lines adjuster”; amending s. 626.863,
   91         F.S.; conforming provisions to changes made by the act
   92         relating to all-lines adjusters; amending s. 626.864,
   93         F.S.; revising provisions relating to adjuster license
   94         types; amending s. 626.865, F.S.; requiring an
   95         applicant for public adjuster to be licensed as a
   96         public adjuster apprentice; amending s. 626.866, F.S.;
   97         conforming provisions to changes made by the act
   98         relating to all-lines adjusters; repealing s. 626.867,
   99         F.S., relating to qualifications for company employee
  100         adjusters; amending s. 626.869, F.S.; revising
  101         provisions relating to an all-lines adjuster license;
  102         ceasing the issuance of certain adjuster licenses;
  103         revising continuing education requirements; amending
  104         s. 626.8697, F.S.; revising provisions relating to the
  105         violation of rules resulting in the suspension or
  106         revocation of an adjuster’s license; amending s.
  107         626.872, F.S.; conforming provisions to changes made
  108         by the act relating to all-lines adjusters; repealing
  109         s. 626.873, F.S., relating to licensure for
  110         nonresident company employee adjusters; amending s.
  111         626.8734, F.S.; amending provisions relating to
  112         nonresident all-lines adjusters; providing for
  113         verifying an applicant’s status through the National
  114         Association of Insurance Commissioners’ Producer
  115         Database; amending ss. 626.8736, 626.874, 626.875, and
  116         626.876, F.S.; conforming provisions to changes made
  117         by the act relating to all-lines adjusters; amending
  118         s. 626.927, F.S.; deleting a requirement that a
  119         licensed surplus lines agent maintain a bond;
  120         repealing s. 626.928, F.S., relating to a surplus
  121         lines agent’s bond; amending ss. 626.933, 626.935, and
  122         627.952, F.S.; conforming cross-references; amending
  123         s. 635.051, F.S.; requiring persons transacting
  124         mortgage guaranty insurance to be licensed and
  125         appointed as a credit insurance agent; amending s.
  126         648.34, F.S.; revising the licensure application for
  127         bail bond agents to include certain information;
  128         amending s. 648.38, F.S.; revising the notice of
  129         examination requirements for bail bond agents;
  130         amending s. 648.385, F.S.; revising continuing
  131         education courses for bail bond agents, to conform to
  132         changes made by the act; amending s. 648.421, F.S.;
  133         revising the notice of change of address or telephone
  134         number for bail bond agents to include the agent’s e
  135         mail address; amending s. 903.27, F.S.; revising
  136         provisions relating to the provision of forfeiture
  137         documents and notification of certain actions;
  138         providing effective dates.
  139  
  140  Be It Enacted by the Legislature of the State of Florida:
  141  
  142         Section 1. Paragraph (e) of subsection (27) of section
  143  624.501, Florida Statutes, is amended to read:
  144         624.501 Filing, license, appointment, and miscellaneous
  145  fees.—The department, commission, or office, as appropriate,
  146  shall collect in advance, and persons so served shall pay to it
  147  in advance, fees, licenses, and miscellaneous charges as
  148  follows:
  149         (27) Title insurance agents:
  150         (e) Title insurer and title insurance agency administrative
  151  surcharge:
  152         1. On or before January 30 of each calendar year, each
  153  title insurer shall pay an administrative surcharge of $200.00
  154  to the office for each licensed title insurance agency appointed
  155  by the title insurer and for each retail office of the insurer
  156  on January 1 of that calendar year an administrative surcharge
  157  of $200.00.
  158         2. On or before January 30 of each calendar year, each
  159  licensed title insurance agency shall remit to the department an
  160  administrative surcharge of $200.00. The administrative
  161  surcharge may be used solely to defray the costs to the
  162  department and office for gathering and evaluating in their
  163  examination or audit of title insurance agencies and retail
  164  offices of title insurers and to gather title insurance data
  165  from title insurance agencies and insurers for statistical
  166  purposes, which shall to be furnished to and used by the office
  167  in its regulation of title insurance.
  168         Section 2. Subsection (1) of section 624.505, Florida
  169  Statutes, is amended to read:
  170         624.505 County tax; determination; additional offices;
  171  nonresident agents.—
  172         (1) The county tax imposed provided for under s. 624.501
  173  for as to an agent shall be paid by each insurer for each agent
  174  only for the county where the agent resides, or if the such
  175  agent’s place of business is not located in the a county where
  176  the agent resides other than that of her or his residence, then
  177  for the county in which the agent’s wherein is located such
  178  place of business is located. If an agent maintains an office or
  179  place of business in more than one county, the tax shall be paid
  180  for her or him by each such insurer for each county wherein the
  181  agent represents such insurer and has a place of business. If
  182  When under this subsection an insurer is paying the required to
  183  pay county tax for an agent for a county or counties other than
  184  the agent’s county of residence, the insurer must shall
  185  designate the county or counties for which the taxes are paid.
  186         Section 3. Subsections (1) and (7) of section 626.015,
  187  Florida Statutes, are amended to read:
  188         626.015 Definitions.—As used in this part:
  189         (1) “Adjuster” means a public adjuster as defined in s.
  190  626.854, a public adjuster apprentice as defined in s. 626.8541,
  191  or an all-lines adjuster as defined in s. 626.8548 independent
  192  adjuster as defined in s. 626.855, or company employee adjuster
  193  as defined in s. 626.856.
  194         (7) “Home state” means the District of Columbia and any
  195  state or territory of the United States in which an insurance
  196  agent or adjuster maintains his or her principal place of
  197  residence or principal place of business and is licensed to act
  198  as an insurance agent or adjuster.
  199         Section 4. Subsections (2) and (3) of section 626.0428,
  200  Florida Statutes, are amended to read:
  201         626.0428 Agency personnel powers, duties, and limitations.—
  202         (2) An No employee of an agent or agency may not bind
  203  insurance coverage unless licensed and appointed as an a general
  204  lines agent or customer representative.
  205         (3) An No employee of an agent or agency may not initiate
  206  contact with any person for the purpose of soliciting insurance
  207  unless licensed and appointed as an a general lines agent or
  208  customer representative.
  209         Section 5. Subsection (1) and paragraph (b) of subsection
  210  (2) of section 626.171, Florida Statutes, are amended to read:
  211         626.171 Application for license as an agent, customer
  212  representative, adjuster, service representative, managing
  213  general agent, or reinsurance intermediary.—
  214         (1) The department may shall not issue a license as agent,
  215  customer representative, adjuster, service representative,
  216  managing general agent, or reinsurance intermediary to any
  217  person except upon written application therefor filed with the
  218  department it, meeting the qualifications for the license
  219  applied for as determined by the department qualification
  220  therefor, and payment in advance of all applicable fees. The Any
  221  such application must shall be made under the oath of the
  222  applicant and be signed by the applicant. An applicant may
  223  permit a third party to complete, submit, and sign an
  224  application on the applicant’s behalf, but is responsible for
  225  ensuring that the information on the application is true and
  226  correct and is accountable for any misstatements or
  227  misrepresentations. The department shall accept the uniform
  228  application for nonresident agent licensing. The department may
  229  adopt revised versions of the uniform application by rule.
  230         (2) In the application, the applicant shall set forth:
  231         (b) A statement indicating the method the applicant used or
  232  is using to meet any required prelicensing education, knowledge,
  233  experience, or instructional requirements for the type of
  234  license applied for. Proof that he or she has completed or is in
  235  the process of completing any required prelicensing course.
  236  
  237  However, the application must contain a statement that an
  238  applicant is not required to disclose his or her race or
  239  ethnicity, gender, or native language, that he or she will not
  240  be penalized for not doing so, and that the department will use
  241  this information exclusively for research and statistical
  242  purposes and to improve the quality and fairness of the
  243  examinations.
  244         Section 6. Section 626.191, Florida Statutes, is amended to
  245  read:
  246         626.191 Repeated applications.—The failure of an applicant
  247  to secure a license upon an application does shall not preclude
  248  the applicant from applying again. However as many times as
  249  desired, but the department may shall not consider give
  250  consideration to or accept any further application by the same
  251  applicant individual for a similar license dated or filed within
  252  30 days after subsequent to the date the department denied the
  253  last application, except as provided under in s. 626.281.
  254         Section 7. Subsection (2) of section 626.221, Florida
  255  Statutes, is amended to read:
  256         626.221 Examination requirement; exemptions.—
  257         (2) However, an no such examination is not shall be
  258  necessary for in any of the following cases:
  259         (a) An applicant for renewal of appointment as an agent,
  260  customer representative, or adjuster, unless the department
  261  determines that an examination is necessary to establish the
  262  competence or trustworthiness of the such applicant.
  263         (b) An applicant for a limited license as agent for travel
  264  insurance, motor vehicle rental personal accident insurance,
  265  baggage and motor vehicle excess liability insurance, credit
  266  life or disability insurance, credit insurance, credit property
  267  insurance, in-transit and storage personal property insurance,
  268  or portable electronics communications equipment property
  269  insurance or communication equipment inland marine insurance
  270  under s. 626.321.
  271         (c) In the discretion of the department, an applicant for
  272  reinstatement of license or appointment as an agent, customer
  273  representative, company employee adjuster, or all-lines
  274  independent adjuster whose license has been suspended within the
  275  4 years before prior to the date of application or written
  276  request for reinstatement.
  277         (d) An applicant who, within the 4 years before prior to
  278  application for license and appointment as an agent, customer
  279  representative, or adjuster, was a full-time salaried employee
  280  of the department who and had continuously been such an employee
  281  with responsible insurance duties for at least not less than 2
  282  continuous years and who had been a licensee within the 4 years
  283  before prior to employment by the department with the same class
  284  of license as that being applied for.
  285         (e) An applicant A person who has been licensed as an all
  286  lines adjuster and appointed as an independent adjuster or
  287  company employee adjuster as to all property, casualty, and
  288  surety insurances may be licensed and appointed as a company
  289  employee adjuster or independent adjuster, as to these kinds of
  290  insurance, without additional written examination if an
  291  application for licensure is filed with the department within 48
  292  months following the date of cancellation or expiration of the
  293  prior appointment.
  294         (f) A person who has been licensed as a company employee
  295  adjuster or independent adjuster for motor vehicle, property and
  296  casualty, workers’ compensation, and health insurance may be
  297  licensed as such an adjuster without additional written
  298  examination if his or her application for licensure is filed
  299  with the department within 48 months after cancellation or
  300  expiration of the prior license.
  301         (f)(g) An applicant for a temporary license, except as
  302  otherwise provided in this code.
  303         (g)(h) An applicant for a license as a life or health agent
  304  license who has received the designation of chartered life
  305  underwriter (CLU) from the American College of Life Underwriters
  306  and who has been engaged in the insurance business within the
  307  past 4 years, except that the applicant such an individual may
  308  be examined on pertinent provisions of this code.
  309         (h)(i) An applicant for license as a general lines agent,
  310  customer representative, or adjuster who has received the
  311  designation of chartered property and casualty underwriter
  312  (CPCU) from the American Institute for Property and Liability
  313  Underwriters and who has been engaged in the insurance business
  314  within the past 4 years, except that the applicant such an
  315  individual may be examined on pertinent provisions of this code.
  316         (i)(j) An applicant for license as a customer
  317  representative who has earned the designation of Accredited
  318  Advisor in Insurance (AAI) from the Insurance Institute of
  319  America, the designation of Certified Insurance Counselor (CIC)
  320  from the Society of Certified Insurance Service Counselors, the
  321  designation of Accredited Customer Service Representative (ACSR)
  322  from the Independent Insurance Agents of America, the
  323  designation of Certified Professional Service Representative
  324  (CPSR) from the National Foundation for Certified Professional
  325  Service Representatives, the designation of Certified Insurance
  326  Service Representative (CISR) from the Society of Certified
  327  Insurance Service Representatives, or the designation of
  328  Certified Insurance Representative (CIR) from the National
  329  Association of Christian Catastrophe Insurance Adjusters. Also,
  330  an applicant for license as a customer representative who has
  331  earned an associate degree or bachelor’s degree from an
  332  accredited college or university and has completed with at least
  333  9 academic hours of property and casualty insurance curriculum,
  334  or the equivalent, or has earned the designation of Certified
  335  Customer Service Representative (CCSR) from the Florida
  336  Association of Insurance Agents, or the designation of
  337  Registered Customer Service Representative (RCSR) from a
  338  regionally accredited postsecondary institution in this state,
  339  or the designation of Professional Customer Service
  340  Representative (PCSR) from the Professional Career Institute,
  341  whose curriculum has been approved by the department and which
  342  whose curriculum includes comprehensive analysis of basic
  343  property and casualty lines of insurance and testing at least
  344  equal to that of standard department testing for the customer
  345  representative license. The department shall adopt rules
  346  establishing standards for the approval of curriculum.
  347         (j)(k) An applicant for license as a resident or
  348  nonresident all-lines an independent or company employee
  349  adjuster who has the designation of Accredited Claims Adjuster
  350  (ACA) from a regionally accredited postsecondary institution in
  351  this state, Professional Claims Adjuster (PCA) from the
  352  Professional Career Institute, Professional Property Insurance
  353  Adjuster (PPIA) from the HurriClaim Training Academy, Certified
  354  Adjuster (CA) from ALL LINES Training, or Certified Claims
  355  Adjuster (CCA) from the Association of Property and Casualty
  356  Claims Professionals whose curriculum has been approved by the
  357  department and which whose curriculum includes comprehensive
  358  analysis of basic property and casualty lines of insurance and
  359  testing at least equal to that of standard department testing
  360  for the all-lines adjuster license. The department shall adopt
  361  rules establishing standards for the approval of curriculum.
  362         (k)(l) An applicant qualifying for a license transfer under
  363  s. 626.292, if the applicant:
  364         1. Has successfully completed the prelicensing examination
  365  requirements in the applicant’s previous home state which are
  366  substantially equivalent to the examination requirements in this
  367  state, as determined by the department;
  368         2. Has received the designation of chartered property and
  369  casualty underwriter (CPCU) from the American Institute for
  370  Property and Liability Underwriters and has been engaged in the
  371  insurance business within the past 4 years if applying to
  372  transfer a general lines agent license; or
  373         3. Has received the designation of chartered life
  374  underwriter (CLU) from the American College of Life Underwriters
  375  and has been engaged in the insurance business within the past 4
  376  years, if applying to transfer a life or health agent license.
  377         (l)(m) An applicant for a license as a nonresident agent
  378  license, if the applicant:
  379         1. Has successfully completed prelicensing examination
  380  requirements in the applicant’s home state which are
  381  substantially equivalent to the examination requirements in this
  382  state, as determined by the department, as a requirement for
  383  obtaining a resident license in his or her home state;
  384         2. Held a general lines agent license, life agent license,
  385  or health agent license before prior to the time a written
  386  examination was required;
  387         3. Has received the designation of chartered property and
  388  casualty underwriter (CPCU) from the American Institute for
  389  Property and Liability Underwriters and has been engaged in the
  390  insurance business within the past 4 years, if an applicant for
  391  a nonresident license as a general lines agent; or
  392         4. Has received the designation of chartered life
  393  underwriter (CLU) from the American College of Life Underwriters
  394  and has been in the insurance business within the past 4 years,
  395  if an applicant for a nonresident license as a life agent or
  396  health agent.
  397         Section 8. Subsection (2) of section 626.231, Florida
  398  Statutes, is amended to read:
  399         626.231 Eligibility; application for examination.—
  400         (2) A person required to take an examination for a license
  401  may be permitted to take an examination before prior to
  402  submitting an application for licensure pursuant to s. 626.171
  403  by submitting an application for examination through the
  404  department’s Internet website or the website of a person
  405  designated by the department to administer the examination. The
  406  department may require In the application, the applicant to
  407  provide the following information as part of the application
  408  shall set forth:
  409         (a) His or her full name, date of birth age, social
  410  security number, residence address, business address, and
  411  mailing address, and e-mail address.
  412         (b) The type of license which that the applicant intends to
  413  apply for.
  414         (c) The name of any required prelicensing course he or she
  415  has completed or is in the process of completing.
  416         (d) The method by which the applicant intends to qualify
  417  for the type of license if other than by completing a
  418  prelicensing course.
  419         (e) The applicant’s gender (male or female).
  420         (f) The applicant’s native language.
  421         (g) The highest level of education achieved by the
  422  applicant.
  423         (h) The applicant’s race or ethnicity (African American,
  424  white, American Indian, Asian, Hispanic, or other).
  425  
  426  However, the application form must contain a statement that an
  427  applicant is not required to disclose his or her race or
  428  ethnicity, gender, or native language, that he or she will not
  429  be penalized for not doing so, and that the department will use
  430  this information exclusively for research and statistical
  431  purposes and to improve the quality and fairness of the
  432  examinations.
  433         Section 9. Subsection (6) of section 626.241, Florida
  434  Statutes, is amended to read:
  435         626.241 Scope of examination.—
  436         (6) In order to reflect the differences between adjusting
  437  claims for an insurer and adjusting claims for an insured, the
  438  department shall create an examination for applicants seeking
  439  licensure as a public adjuster and a separate examination for
  440  applicants seeking licensure as an all-lines a company employee
  441  adjuster or independent adjuster.
  442         (a) Examinations given applicants for a license as an all
  443  lines adjuster must shall cover adjusting in all lines of
  444  insurance, other than life and annuity; or, in accordance with
  445  the application for the license, the examination may be limited
  446  to adjusting in:
  447         (a) Automobile physical damage insurance;
  448         (b) Property and casualty insurance;
  449         (c) Workers’ compensation insurance; or
  450         (d) Health insurance.
  451         (b) An No examination for on worker’s compensation
  452  insurance or health insurance is not shall be required for
  453  public adjusters.
  454         Section 10. Subsection (1) of section 626.251, Florida
  455  Statutes, is amended to read:
  456         626.251 Time and place of examination; notice.—
  457         (1) The department, or a person designated by the
  458  department, shall provide mail written notice of the time and
  459  place of the examination to each applicant for examination and
  460  each applicant for license required to take an examination who
  461  will be eligible to take the examination as of the examination
  462  date. The notice shall be e-mailed so mailed, postage prepaid,
  463  and addressed to the applicant at the e-mail his or her address
  464  shown on the application for license or examination at such
  465  other address as requested by the applicant in writing filed
  466  with the department prior to the mailing of the notice. Notice
  467  is shall be deemed given when so mailed.
  468         Section 11. Section 626.281, Florida Statutes, is amended
  469  to read:
  470         626.281 Reexamination.—
  471         (1) An Any applicant for license or applicant for
  472  examination who has either:
  473         (a) Taken an examination and failed to make a passing
  474  grade, or
  475         (b) Failed to appear for the examination or to take or
  476  complete the examination at the time and place specified in the
  477  notice of the department,
  478  
  479  may take additional examinations, after filing with the
  480  department or its designee an application for reexamination
  481  together with applicable fees. The failure of an applicant to
  482  pass an examination, or the failure to appear for the
  483  examination, or to take or complete the examination does not
  484  preclude the applicant from taking subsequent examinations.
  485         (2) Applicants may take an examination for a license type
  486  up to five times in a 12-month period.
  487         (3)(2) The department may require an any individual whose
  488  license as an agent, customer representative, or adjuster has
  489  expired or has been suspended to pass an examination before
  490  prior to reinstating or relicensing the individual as to any
  491  class of license. The examination fee must shall be paid for as
  492  to each examination.
  493         Section 12. Section 626.2815, Florida Statutes, is amended
  494  to read:
  495         626.2815 Continuing education required; application;
  496  exceptions; requirements; penalties.—
  497         (1) The purpose of this section is to establish
  498  requirements and standards for continuing education courses for
  499  individuals persons licensed to solicit, or sell, or adjust
  500  insurance in the state.
  501         (2) Except as otherwise provided in this section, the
  502  provisions of this section applies apply to individuals persons
  503  licensed to engage in the sale of insurance or adjustment of
  504  insurance claims in this state for all lines of insurance for
  505  which an examination is required for licensing and to each
  506  insurer, employer, or appointing entity, including, but not
  507  limited to, those created or existing pursuant to s. 627.351.
  508  The provisions of This section does shall not apply to an any
  509  individual who holds person holding a license for the sale of
  510  any line of insurance for which an examination is not required
  511  by the laws of this state or who holds a, nor shall the
  512  provisions of this section apply to any limited license as a
  513  crop or hail and multiple-peril crop insurance agent the
  514  department may exempt by rule. Licensees who are unable to
  515  comply with the continuing education requirements due to active
  516  duty in the military may submit a written request to the
  517  department for a waiver.
  518         (3)(a) Each licensee person subject to the provisions of
  519  this section must, except as set forth in paragraphs (b), (c),
  520  and (d), and (g), complete a minimum of 24 hours of continuing
  521  education courses every 2 years in basic or higher-level courses
  522  prescribed by this section or in other courses approved by the
  523  department.
  524         (a) Each licensee person subject to the provisions of this
  525  section must complete, as part of his or her required number of
  526  continuing education hours, 3 hours of continuing education,
  527  approved by the department, every 2 years on the subject matter
  528  of ethics. Each licensed general lines agent and customer
  529  representative subject to this section must complete, as part of
  530  his or her required number of continuing education hours, 1 hour
  531  of continuing education, approved by the department, every 2
  532  years on the subject matter of premium discounts available on
  533  property insurance policies based on various hurricane
  534  mitigation options and the means for obtaining the discounts.
  535         (b) A licensee person who has been licensed for a period of
  536  6 or more years must complete 20 hours of continuing education
  537  every 2 years in intermediate or advanced-level courses
  538  prescribed by this section or in other courses approved by the
  539  department.
  540         (c) A licensee who has been licensed for 25 years or more
  541  and is a CLU or a CPCU or has a Bachelor of Science degree in
  542  risk management or insurance with evidence of 18 or more
  543  semester hours in upper-level insurance-related courses must
  544  complete 10 hours of continuing education courses every 2 years
  545  in courses prescribed by this section or in other courses
  546  approved by the department.
  547         (d) An individual Any person who holds a license as a
  548  customer representative, limited customer representative, title
  549  agent, motor vehicle physical damage and mechanical breakdown
  550  insurance agent, crop or hail and multiple-peril crop insurance
  551  agent, or as an industrial fire insurance or burglary insurance
  552  agent and who is not a licensed life or health insurance agent,
  553  must shall be required to complete 10 hours of continuing
  554  education courses every 2 years.
  555         (e) An individual Any person who holds a license to solicit
  556  or sell life or health insurance and a license to solicit or
  557  sell property, casualty, surety, or surplus lines insurance must
  558  complete the continuing education requirements by completing
  559  courses in life or health insurance for one-half of the total
  560  hours required and courses in property, casualty, surety, or
  561  surplus lines insurance for one-half of the total hours
  562  required. However, a licensee who holds an industrial fire or
  563  burglary insurance license and who is a licensed life or health
  564  agent must shall be required to complete 4 hours of continuing
  565  education courses every 2 years related to industrial fire or
  566  burglary insurance and the remaining number of hours of
  567  continuing education courses required related to life or health
  568  insurance.
  569         (f) An individual who holds a license to solicit or sell
  570  life insurance must complete a minimum of 3 hours in continuing
  571  education on suitability in annuity and life insurance
  572  transactions. This requirement does not apply to an agent who
  573  does not have any active life insurance or annuity contracts. In
  574  applying this exemption, the department may require the agent to
  575  file a certification attesting that the agent has not sold life
  576  insurance or annuities during the continuing education
  577  compliance cycle in question and does not have any active life
  578  insurance or annuity contracts. A licensee may use the hours
  579  obtained under this paragraph to satisfy the requirement for
  580  continuing education in ethics under paragraph (a).
  581         (g) An individual subject to chapter 648 must complete a
  582  minimum of 14 hours of continuing education courses every 2
  583  years.
  584         (h) Excess hours accumulated during any 2-year compliance
  585  period may be carried forward to the next compliance period.
  586         (i) An individual teaching an approved course of
  587  instruction or lecturing at an approved seminar and attending
  588  the entire course or seminar qualifies for the same number of
  589  classroom hours as would be granted to a person taking and
  590  successfully completing such course or seminar. Credit is
  591  limited to the number of hours actually taught unless a person
  592  attends the entire course or seminar. An individual who is an
  593  official of or employed by a governmental entity in this state
  594  and serves as a professor, instructor, or other position or
  595  office, the duties and responsibilities of which are determined
  596  by the department to require monitoring and review of insurance
  597  laws or insurance regulations and practices, is exempt from this
  598  section.
  599         (4)(f)1.Except as provided in subparagraph 2., Compliance
  600  with continuing education requirements is a condition precedent
  601  to the issuance, continuation, reinstatement, or renewal of any
  602  appointment subject to this section. However:
  603         (a)2.a. An appointing entity, except one that appoints
  604  individuals who are employees or exclusive independent
  605  contractors of the appointing entity, may not require, directly
  606  or indirectly, as a condition of such appointment or the
  607  continuation of such appointment, the taking of an approved
  608  course or program by any appointee or potential appointee which
  609  that is not of the appointee’s choosing.
  610         (b)b. Any entity created or existing pursuant to s. 627.351
  611  may require employees to take training of any type relevant to
  612  their employment but may not require appointees who are not
  613  employees to take any approved course or program unless the
  614  course or program deals solely with the appointing entity’s
  615  internal procedures or products or with subjects substantially
  616  unique to the appointing entity.
  617         (g) A person teaching any approved course of instruction or
  618  lecturing at any approved seminar and attending the entire
  619  course or seminar shall qualify for the same number of classroom
  620  hours as would be granted to a person taking and successfully
  621  completing such course, seminar, or program. Credit shall be
  622  limited to the number of hours actually taught unless a person
  623  attends the entire course or seminar. Any person who is an
  624  official of or employed by any governmental entity in this state
  625  and serves as a professor, instructor, or in any other position
  626  or office the duties and responsibilities of which are
  627  determined by the department to require monitoring and review of
  628  insurance laws or insurance regulations and practices shall be
  629  exempt from this section.
  630         (h) Excess classroom hours accumulated during any
  631  compliance period may be carried forward to the next compliance
  632  period.
  633         (5)(i) For good cause shown, the department may grant an
  634  extension of time during which the requirements of imposed by
  635  this section may be completed, but such extension of time may
  636  not exceed 1 year.
  637         (6)(j) A nonresident licensee who must complete continuing
  638  education requirements in his or her home state may use the home
  639  state requirements to also meet this state’s continuing
  640  education requirements as well, if the licensee’s resident’s
  641  home state recognizes reciprocity with this state’s continuing
  642  education requirements. A nonresident licensee whose home state
  643  does not have a continuing education requirement but is licensed
  644  for the same class of business in another state that has which
  645  does have a continuing education requirement may comply with
  646  this section by furnishing proof of compliance with the other
  647  state’s requirement if that state has a reciprocal agreement
  648  with this state relative to continuing education. A nonresident
  649  licensee whose home state does not have such continuing
  650  education requirements, and who is not licensed as a nonresident
  651  licensee agent in a state that has continuing education
  652  requirements and reciprocates with this state, must meet the
  653  continuing education requirements of this state.
  654         (k) Any person who holds a license to solicit or sell life
  655  insurance in this state must complete a minimum of 3 hours in
  656  continuing education, approved by the department, on the subject
  657  of suitability in annuity and life insurance transactions. This
  658  requirement does not apply to an agent who does not have any
  659  active life insurance or annuity contracts. In applying this
  660  exemption, the department may require the filing of a
  661  certification attesting that the agent has not sold life
  662  insurance or annuities during the continuing education
  663  compliance cycle in question and does not have any active life
  664  insurance or annuity contracts. A licensee may use the hours
  665  obtained under this paragraph to satisfy the requirement for
  666  continuing education in ethics under paragraph (a).
  667         (7)(4) The following courses may be completed in order to
  668  meet the elective continuing education course requirements:
  669         (a) Any part of the Life Underwriter Training Council Life
  670  Course Curriculum: 24 hours; Health Course: 12 hours.
  671         (b) Any part of the American College “CLU” diploma
  672  curriculum: 24 hours.
  673         (c) Any part of the Insurance Institute of America’s
  674  program in general insurance: 12 hours.
  675         (d) Any part of the American Institute for Property and
  676  Liability Underwriters’ Chartered Property Casualty Underwriter
  677  (CPCU) professional designation program: 24 hours.
  678         (e) Any part of the Certified Insurance Counselor program:
  679  21 hours.
  680         (f) Any part of the Accredited Advisor in Insurance: 21
  681  hours.
  682         (g) In the case of title agents, completion of the
  683  Certified Land Closer (CLC) professional designation program and
  684  receipt of the designation: 24 hours.
  685         (h) In the case of title agents, completion of the
  686  Certified Land Searcher (CLS) professional designation program
  687  and receipt of the designation: 24 hours.
  688         (i) Any insurance-related course that which is approved by
  689  the department and taught by an accredited college or university
  690  per credit hour granted: 12 hours.
  691         (j) Any course, including courses relating to agency
  692  management or errors and omissions, developed or sponsored by an
  693  any authorized insurer or recognized agents’ association or
  694  insurance trade association or an any independent study program
  695  of instruction, subject to approval by the department, qualifies
  696  for the equivalency of the number of classroom hours assigned
  697  thereto by the department. However, unless otherwise provided in
  698  this section, continuing education hours may not be credited
  699  toward meeting the requirements of this section unless the
  700  course is provided by classroom instruction or results in a
  701  monitored examination. A monitored examination is not required
  702  for:
  703         1. An independent study program of instruction presented
  704  through interactive, online technology that the department
  705  determines has sufficient internal testing to validate the
  706  student’s full comprehension of the materials presented; or
  707         2. An independent study program of instruction presented on
  708  paper or in printed material which that imposes a final closed
  709  book examination that meets the requirements of the department’s
  710  rule for self-study courses. The examination may be taken
  711  without a proctor if provided the student presents to the
  712  provider a sworn affidavit certifying that the student did not
  713  consult any written materials or receive outside assistance of
  714  any kind or from any person, directly or indirectly, while
  715  taking the examination. If the student is an employee of an
  716  agency or corporate entity, the student’s supervisor or a
  717  manager or owner of the agency or corporate entity must also
  718  sign the sworn affidavit. If the student is self-employed, a
  719  sole proprietor, or a partner, or if the examination is
  720  administered online, the sworn affidavit must also be signed by
  721  a disinterested third party. The sworn affidavit must be
  722  received by the approved provider before prior to reporting
  723  continuing education credits to the department.
  724         (8)(k) Each person or entity sponsoring a course for
  725  continuing education credit must furnish, within 15 30 days
  726  after completion of the course, in a form satisfactory to the
  727  department or its designee, a written and certified roster
  728  showing the name and license number of all persons successfully
  729  completing such course and requesting credit, accompanied by the
  730  required fee.
  731         (9)(5) The department may immediately terminate or shall
  732  refuse to renew the appointment of an any agent or adjuster who
  733  has been notified by the department that who has not had his or
  734  her continuing education requirements have not been certified,
  735  unless the agent or adjuster has been granted an extension or
  736  waiver by the department. The department may not issue a new
  737  appointment of the same or similar type, with any insurer, to a
  738  licensee an agent who was denied a renewal appointment for
  739  failing failure to complete continuing education as required
  740  until the licensee agent completes his or her continuing
  741  education requirement.
  742         (6)(a) There is created an 11-member continuing education
  743  advisory board to be appointed by the Chief Financial Officer.
  744  Appointments shall be for terms of 4 years. The purpose of the
  745  board is to advise the department in determining standards by
  746  which courses may be evaluated and categorized as basic,
  747  intermediate, or advanced. The board shall submit
  748  recommendations to the department of changes needed in such
  749  criteria not less frequently than every 2 years. The department
  750  shall require all approved course providers to submit courses
  751  for approval to the department using the criteria. All
  752  materials, brochures, and advertisements related to the approved
  753  courses must specify the level assigned to the course.
  754         (b) The board members shall be appointed as follows:
  755         1. Seven members representing agents of which at least one
  756  must be a representative from each of the following
  757  organizations: the Florida Association of Insurance Agents; the
  758  Florida Association of Insurance and Financial Advisors; the
  759  Professional Insurance Agents of Florida, Inc.; the Florida
  760  Association of Health Underwriters; the Specialty Agents’
  761  Association; the Latin American Agents’ Association; and the
  762  National Association of Insurance Women. Such board members must
  763  possess at least a bachelor’s degree or higher from an
  764  accredited college or university with major coursework in
  765  insurance, risk management, or education or possess the
  766  designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In addition,
  767  each member must possess 5 years of classroom instruction
  768  experience or 5 years of experience in the development or design
  769  of educational programs or 10 years of experience as a licensed
  770  resident agent. Each organization may submit to the department a
  771  list of recommendations for appointment. If one organization
  772  does not submit a list of recommendations, the Chief Financial
  773  Officer may select more than one recommended person from a list
  774  submitted by other eligible organizations.
  775         2. Two members representing insurance companies at least
  776  one of whom must represent a Florida Domestic Company and one of
  777  whom must represent the Florida Insurance Council. Such board
  778  members must be employed within the training department of the
  779  insurance company. At least one such member must be a member of
  780  the Society of Insurance Trainers and Educators.
  781         3. One member representing the general public who is not
  782  directly employed in the insurance industry. Such board member
  783  must possess a minimum of a bachelor’s degree or higher from an
  784  accredited college or university with major coursework in
  785  insurance, risk management, training, or education.
  786         4. One member, appointed by the Chief Financial Officer,
  787  who represents the department.
  788         (c) The members of the board shall serve at the pleasure of
  789  the Chief Financial Officer. Each board member shall be entitled
  790  to reimbursement for expenses pursuant to s. 112.061. The board
  791  shall designate one member as chair. The board shall meet at the
  792  call of the chair or the Chief Financial Officer.
  793         (10)(7) The department may contract services relative to
  794  the administration of the continuing education program to a
  795  private entity. The contract shall be procured as a contract for
  796  a contractual service pursuant to s. 287.057.
  797         Section 13. Effective October 1, 2014, subsection (3) of
  798  section 626.2815, Florida Statutes, as amended by this act, is
  799  amended to read:
  800         626.2815 Continuing education requirements.—
  801         (3) Each licensee subject to this section must, except as
  802  set forth in paragraphs (b), (c), (d), and (g), complete a 7
  803  hour update course every 2 years which is specific to the
  804  license held by the licensee. The course must be developed and
  805  offered by providers and approved by the department. The content
  806  of the course must address all lines of insurance for which
  807  examination and license is required and include the following
  808  subject areas: insurance law updates, ethics for insurance
  809  professionals, disciplinary trends and case studies, industry
  810  trends, premium discounts, determining suitability of products
  811  and services, and other similar insurance-related topics the
  812  department determines are relevant to legally and ethically
  813  carrying out the responsibilities of the license granted. A
  814  licensee who holds multiple insurance licenses must complete an
  815  update course that is specific to at least one of the licenses
  816  held. Except as otherwise specified, any remaining required
  817  hours of continuing education are elective and may consist of
  818  any continuing education course approved by the department or
  819  under this section minimum of 24 hours of continuing education
  820  courses every 2 years in basic or higher-level courses
  821  prescribed by this section or in other courses approved by the
  822  department.
  823         (a) Except as provided in paragraphs (b), (c), (d), and
  824  (e), each licensee must also complete 17 3 hours of elective
  825  continuing education courses, approved by the department, every
  826  2 years on the subject matter of ethics. Each licensed general
  827  lines agent and customer representative must complete 1 hour of
  828  continuing education, approved by the department, every 2 years
  829  on the subject matter of premium discounts available on property
  830  insurance policies based on various hurricane mitigation options
  831  and the means for obtaining the discounts.
  832         (b) A licensee who has been licensed for 6 or more years
  833  must also complete a minimum of 13 20 hours of elective
  834  continuing education every 2 years in intermediate or advanced
  835  level courses prescribed by this section or in other courses
  836  approved by the department.
  837         (c) A licensee who has been licensed for 25 years or more
  838  and is a CLU or a CPCU or has a Bachelor of Science degree in
  839  risk management or insurance with evidence of 18 or more
  840  semester hours in upper-level insurance-related courses must
  841  also complete a minimum of 3 10 hours of elective continuing
  842  education courses every 2 years in courses prescribed by this
  843  section or in other courses approved by the department.
  844         (d) An individual who holds a license as a customer
  845  representative, limited customer representative, title agent,
  846  motor vehicle physical damage and mechanical breakdown insurance
  847  agent, or an industrial fire insurance or burglary insurance
  848  agent and who is not a licensed life or health agent, must also
  849  complete a minimum of 3 10 hours of continuing education courses
  850  every two years.
  851         (e) An individual who holds a license to solicit or sell
  852  life or health insurance and a license to solicit or sell
  853  property, casualty, surety, or surplus lines insurance must
  854  complete courses in life or health insurance for one-half of the
  855  total hours required and courses in property, casualty, surety,
  856  or surplus lines insurance for one-half of the total hours
  857  required. However, a licensee who holds an industrial fire or
  858  burglary insurance license and who is a licensed life or health
  859  agent must complete 4 hours of continuing education courses
  860  every 2 years related to industrial fire or burglary insurance
  861  and the remaining number of hours of continuing education
  862  courses related to life or health insurance.
  863         (f) An individual who holds a license to solicit or sell
  864  life insurance must complete a minimum of 3 hours in continuing
  865  education on suitability in annuity and life insurance
  866  transactions. This requirement does not apply to an agent who
  867  does not have any active life insurance or annuity contracts. In
  868  applying this exemption, the department may require the agent to
  869  file a certification attesting that the agent has not sold life
  870  insurance or annuities during the continuing education
  871  compliance cycle in question and does not have any active life
  872  insurance or annuity contracts. A licensee may use the hours
  873  obtained under this paragraph to satisfy the requirement for
  874  continuing education in ethics under paragraph (a).
  875         (e)(g) An individual subject to chapter 648 must complete
  876  the 7-hour update course and a minimum of 7 14 hours of
  877  continuing education courses every 2 years.
  878         (f) Elective continuing education courses for public
  879  adjusters must be specifically designed for public adjusters and
  880  approved by the department. Notwithstanding this subsection,
  881  public adjusters for workers’ compensation insurance or health
  882  insurance are not required to take continuing education courses
  883  pursuant to this section.
  884         (g)(h) Excess hours accumulated during any 2-year
  885  compliance period may be carried forward to the next compliance
  886  period.
  887         (h)(i) An individual teaching an approved course of
  888  instruction or lecturing at an approved seminar and attending
  889  the entire course or seminar qualifies for the same number of
  890  classroom hours as would be granted to a person taking and
  891  successfully completing such course or seminar. Credit is
  892  limited to the number of hours actually taught unless a person
  893  attends the entire course or seminar. An individual who is an
  894  official of or employed by a governmental entity in this state
  895  and serves as a professor, instructor, or other position or
  896  office, the duties and responsibilities of which are determined
  897  by the department to require monitoring and review of insurance
  898  laws or insurance regulations and practices, is exempt from this
  899  section.
  900         Section 14. Subsections (1) and (2) of section 626.292,
  901  Florida Statutes, are amended to read:
  902         626.292 Transfer of license from another state.—
  903         (1) An Any individual licensed in good standing in another
  904  state may apply to the department to have the license
  905  transferred to this state to obtain a Florida resident agent or
  906  all-lines adjuster license for the same lines of authority
  907  covered by the license in the other state.
  908         (2) To qualify for a license transfer, an individual
  909  applicant must meet the following requirements:
  910         (a) The individual must shall become a resident of this
  911  state.
  912         (b) The individual must shall have been licensed in another
  913  state for a minimum of 1 year immediately preceding the date the
  914  individual became a resident of this state.
  915         (c) The individual must shall submit a completed
  916  application for this state which is received by the department
  917  within 90 days after the date the individual became a resident
  918  of this state, along with payment of the applicable fees set
  919  forth in s. 624.501 and submission of the following documents:
  920         1. A certification issued by the appropriate official of
  921  the applicant’s home state identifying the type of license and
  922  lines of authority under the license and stating that, at the
  923  time the license from the home state was canceled, the applicant
  924  was in good standing in that state or that the state’s Producer
  925  Database records, maintained by the National Association of
  926  Insurance Commissioners, its affiliates, or subsidiaries,
  927  indicate that the agent or all-lines adjuster is or was licensed
  928  in good standing for the line of authority requested.
  929         2. A set of the individual applicant’s fingerprints in
  930  accordance with s. 626.171(4).
  931         (d) The individual must shall satisfy prelicensing
  932  education requirements in this state, unless the completion of
  933  prelicensing education requirements was a prerequisite for
  934  licensure in the other state and the prelicensing education
  935  requirements in the other state are substantially equivalent to
  936  the prelicensing requirements of this state as determined by the
  937  department. This paragraph does not apply to all-lines
  938  adjusters.
  939         (e) The individual must shall satisfy the examination
  940  requirement under s. 626.221, unless exempted exempt thereunder.
  941         Section 15. Subsections (2) and (3) of section 626.311,
  942  Florida Statutes, are amended to read:
  943         626.311 Scope of license.—
  944         (2) Except with respect as to a limited license as a credit
  945  life or disability insurance agent, the license of a life agent
  946  covers shall cover all classes of life insurance business.
  947         (3) Except with respect as to a limited license as a travel
  948  personal accident insurance agent, the license of a health agent
  949  covers shall cover all kinds of health insurance; and such no
  950  license may not shall be issued limited to a particular class of
  951  health insurance.
  952         Section 16. Subsections (1) and (4) of section 626.321,
  953  Florida Statutes, are amended to read:
  954         626.321 Limited licenses.—
  955         (1) The department shall issue to a qualified applicant
  956  individual, or a qualified individual or entity under paragraphs
  957  (c), (d), (e), and (i), a license as agent authorized to
  958  transact a limited class of business in any of the following
  959  categories of limited lines insurance:
  960         (a) Motor vehicle physical damage and mechanical breakdown
  961  insurance.—License covering insurance against only the loss of
  962  or damage to a any motor vehicle that which is designed for use
  963  upon a highway, including trailers and semitrailers designed for
  964  use with such vehicles. Such license also covers insurance
  965  against the failure of an original or replacement part to
  966  perform any function for which it was designed. A licensee under
  967  this paragraph may not The applicant for such a license shall
  968  pass a written examination covering motor vehicle physical
  969  damage insurance and mechanical breakdown insurance. No
  970  individual while so licensed shall hold a license as an agent
  971  for as to any other or additional kind or class of insurance
  972  coverage except as to a limited license for credit insurance
  973  life and disability insurances as provided in paragraph (e).
  974  Effective October 1, 2012, all licensees holding such limited
  975  license and appointment may renew the license and appointment,
  976  but no new or additional licenses may be issued pursuant to this
  977  paragraph, and a licensee whose limited license under this
  978  paragraph has been terminated, suspended, or revoked may not
  979  have such license reinstated.
  980         (b) Industrial fire insurance or burglary insurance.
  981  License covering only industrial fire insurance or burglary
  982  insurance. The applicant for such a license must shall pass a
  983  written examination covering such insurance. A licensee under
  984  this paragraph may not No individual while so licensed shall
  985  hold a license as an agent for as to any other or additional
  986  kind or class of insurance coverage except for as to life
  987  insurance and health insurance insurances.
  988         (c) Travel insurance.—License covering only policies and
  989  certificates of travel insurance, which are subject to review by
  990  the office under s. 624.605(1)(q). Policies and certificates of
  991  travel insurance may provide coverage for risks incidental to
  992  travel, planned travel, or accommodations while traveling,
  993  including, but not limited to, accidental death and
  994  dismemberment of a traveler; trip cancellation, interruption, or
  995  delay; loss of or damage to personal effects or travel
  996  documents; baggage delay; emergency medical travel or evacuation
  997  of a traveler; or medical, surgical, and hospital expenses
  998  related to an illness or emergency of a traveler. Any Such
  999  policy or certificate may be issued for terms longer than 60
 1000  days, but each policy or certificate, other than a policy or
 1001  certificate providing coverage for air ambulatory services only,
 1002  each policy or certificate must be limited to coverage for
 1003  travel or use of accommodations of no longer than 60 days. The
 1004  license may be issued only:
 1005         1. To a full-time salaried employee of a common carrier or
 1006  a full-time salaried employee or owner of a transportation
 1007  ticket agency and may authorize the sale of such ticket policies
 1008  only in connection with the sale of transportation tickets, or
 1009  to the full-time salaried employee of such an agent. No Such
 1010  policy may not shall be for a duration of more than 48 hours or
 1011  more than for the duration of a specified one-way trip or round
 1012  trip.
 1013         2. To an entity or individual that is:
 1014         a. The developer of a timeshare plan that is the subject of
 1015  an approved public offering statement under chapter 721;
 1016         b. An exchange company operating an exchange program
 1017  approved under chapter 721;
 1018         c. A managing entity operating a timeshare plan approved
 1019  under chapter 721;
 1020         d. A seller of travel as defined in chapter 559; or
 1021         e. A subsidiary or affiliate of any of the entities
 1022  described in sub-subparagraphs a.-d.
 1023  
 1024  A licensee shall require each employee who offers policies or
 1025  certificates under this subparagraph to receive initial training
 1026  from a general lines agent or an insurer authorized under
 1027  chapter 624 to transact insurance within this state. For an
 1028  entity applying for a license as a travel insurance agent, the
 1029  fingerprinting requirement of this section applies only to the
 1030  president, secretary, and treasurer and to any other officer or
 1031  person who directs or controls the travel insurance operations
 1032  of the entity.
 1033         (d) Motor vehicle rental insurance.—
 1034         1. License covering only insurance of the risks set forth
 1035  in this paragraph when offered, sold, or solicited with and
 1036  incidental to the rental or lease of a motor vehicle and which
 1037  applies only to the motor vehicle that is the subject of the
 1038  lease or rental agreement and the occupants of the motor
 1039  vehicle:
 1040         a. Excess motor vehicle liability insurance providing
 1041  coverage in excess of the standard liability limits provided by
 1042  the lessor in the lessor’s lease to a person renting or leasing
 1043  a motor vehicle from the licensee’s employer for liability
 1044  arising in connection with the negligent operation of the leased
 1045  or rented motor vehicle.
 1046         b. Insurance covering the liability of the lessee to the
 1047  lessor for damage to the leased or rented motor vehicle.
 1048         c. Insurance covering the loss of or damage to baggage,
 1049  personal effects, or travel documents of a person renting or
 1050  leasing a motor vehicle.
 1051         d. Insurance covering accidental personal injury or death
 1052  of the lessee and any passenger who is riding or driving with
 1053  the covered lessee in the leased or rented motor vehicle.
 1054         2. Insurance under a motor vehicle rental insurance license
 1055  may be issued only if the lease or rental agreement is for no
 1056  more than 60 days, the lessee is not provided coverage for more
 1057  than 60 consecutive days per lease period, and the lessee is
 1058  given written notice that his or her personal insurance policy
 1059  providing coverage on an owned motor vehicle may provide
 1060  coverage of such risks and that the purchase of the insurance is
 1061  not required in connection with the lease or rental of a motor
 1062  vehicle. If the lease is extended beyond 60 days, the coverage
 1063  may be extended one time only for a period not to exceed an
 1064  additional 60 days. Insurance may be provided to the lessee as
 1065  an additional insured on a policy issued to the licensee’s
 1066  employer.
 1067         3. The license may be issued only to the full-time salaried
 1068  employee of a licensed general lines agent or to a business
 1069  entity that offers motor vehicles for rent or lease if insurance
 1070  sales activities authorized by the license are in connection
 1071  with and incidental to the rental or lease of a motor vehicle.
 1072         a. A license issued to a business entity that offers motor
 1073  vehicles for rent or lease encompasses shall encompass each
 1074  office, branch office, or place of business making use of the
 1075  entity’s business name in order to offer, solicit, and sell
 1076  insurance pursuant to this paragraph.
 1077         b. The application for licensure must list the name,
 1078  address, and phone number for each office, branch office, or
 1079  place of business that is to be covered by the license. The
 1080  licensee shall notify the department of the name, address, and
 1081  phone number of any new location that is to be covered by the
 1082  license before the new office, branch office, or place of
 1083  business engages in the sale of insurance pursuant to this
 1084  paragraph. The licensee must shall notify the department within
 1085  30 days after closing or terminating an office, branch office,
 1086  or place of business. Upon receipt of the notice, the department
 1087  shall delete the office, branch office, or place of business
 1088  from the license.
 1089         c. A licensed and appointed entity is directly responsible
 1090  and accountable for all acts of the licensee’s employees.
 1091         (e) Credit life or disability insurance.—License covering
 1092  only credit life, credit or disability insurance, credit
 1093  property, credit unemployment, involuntary unemployment,
 1094  mortgage life, mortgage guaranty, mortgage disability,
 1095  guaranteed automobile protection (GAP) insurance, and any other
 1096  form of insurance offered in connection with an extension of
 1097  credit which is limited to partially or wholly extinguishing a
 1098  credit obligation that the department determines should be
 1099  designated a form of limited line credit insurance. The license
 1100  may be issued only to an individual employed by a life or health
 1101  insurer as an officer or other salaried or commissioned
 1102  representative, to an individual employed by or associated with
 1103  a lending or financial institution or creditor, or to a lending
 1104  or financial institution or creditor, and may authorize the sale
 1105  of such insurance only with respect to borrowers or debtors of
 1106  such lending or financing institution or creditor. However, only
 1107  the individual or entity whose tax identification number is used
 1108  in receiving or is credited with receiving the commission from
 1109  the sale of such insurance shall be the licensed agent of the
 1110  insurer. An No individual while so licensed may not shall hold a
 1111  license as an agent as to any other or additional kind or class
 1112  of life or health insurance coverage. Effective October 1, 2012,
 1113  all valid licenses held by persons for any of the lines of
 1114  insurance listed in this paragraph shall be converted to a
 1115  credit insurance license. Licensees who wish to obtain a new
 1116  license reflecting such change must request a duplicate license
 1117  and pay a $5 fee as specified in s. 624.501(15). An entity
 1118  holding a limited license under this paragraph is also
 1119  authorized to sell credit insurance and credit property
 1120  insurance.
 1121         (f) Credit insurance.—License covering only credit
 1122  insurance, as such insurance is defined in s. 624.605(1)(i), and
 1123  no individual or entity so licensed shall, during the same
 1124  period, hold a license as an agent as to any other or additional
 1125  kind of life or health insurance with the exception of credit
 1126  life or disability insurance as defined in paragraph (e). The
 1127  same licensing provisions as outlined in paragraph (e) apply to
 1128  entities licensed as credit insurance agents under this
 1129  paragraph.
 1130         (g) Credit property insurance.—A license covering only
 1131  credit property insurance may be issued to any individual except
 1132  an individual employed by or associated with a financial
 1133  institution as defined in s. 655.005 and authorized to sell such
 1134  insurance only with respect to a borrower or debtor, not to
 1135  exceed the amount of the loan.
 1136         (f)(h)Crop hail and multiple-peril crop insurance.—License
 1137  for insurance covering crops subject to unfavorable weather
 1138  conditions, fire or lightening, flood, hail, insect infestation,
 1139  disease, or other yield-reducing conditions or perils which is
 1140  provided by the private insurance market, or which is subsidized
 1141  by the Federal Group Insurance Corporation including multi-peril
 1142  crop insurance only crop hail and multiple-peril crop insurance.
 1143  Notwithstanding any other provision of law, the limited license
 1144  may be issued to a bona fide salaried employee of an association
 1145  chartered under the Farm Credit Act of 1971, 12 U.S.C. ss. 2001
 1146  et seq., who satisfactorily completes the examination prescribed
 1147  by the department pursuant to s. 626.241(5). The limited agent
 1148  must be appointed by, and his or her limited license requested
 1149  by, a licensed general lines agent. All business transacted by
 1150  the limited agent must be on shall be in behalf of, in the name
 1151  of, and countersigned by the agent by whom he or she is
 1152  appointed. Sections 626.561 and 626.748, relating to records,
 1153  apply to all business written pursuant to this section. The
 1154  limited licensee may be appointed by and licensed for only one
 1155  general lines agent or agency.
 1156         (g)(i)In-transit and storage personal property insurance;
 1157  communications equipment property insurance, communications
 1158  equipment inland marine insurance, and communications equipment
 1159  service warranty agreement sales.—
 1160         1. A License for insurance covering only the insurance of
 1161  personal property not held for resale, covering the risks of
 1162  transportation or storage in rented or leased motor vehicles,
 1163  trailers, or self-service storage facilities, as the latter are
 1164  defined in s. 83.803. Such license, may be issued, without
 1165  examination, only to employees or authorized representatives of
 1166  lessors who rent or lease motor vehicles, trailers, or self
 1167  service storage facilities and who are authorized by an insurer
 1168  to issue certificates or other evidences of insurance to lessees
 1169  of such motor vehicles, trailers, or self-service storage
 1170  facilities under an insurance policy issued to the lessor. A
 1171  person licensed under this paragraph must shall give a
 1172  prospective purchaser of in-transit or storage personal property
 1173  insurance written notice that his or her homeowner’s policy may
 1174  provide coverage for the loss of personal property and that the
 1175  purchase of such insurance is not required under the lease
 1176  terms.
 1177         2. A license covering only communications equipment, for
 1178  the loss, theft, mechanical failure, malfunction of or damage
 1179  to, communications equipment. The license may be issued only to:
 1180         a. Employees or authorized representatives of a licensed
 1181  general lines agent;
 1182         b. The lead business location of a retail vendor of
 1183  communications equipment and its branch locations; or
 1184         c. Employees, agents, or authorized representatives of a
 1185  retail vendor of communications equipment.
 1186  
 1187  The license authorizes the sale of such policies, or
 1188  certificates under a group master policy, only with respect to
 1189  the sale of, or provision of communications service for,
 1190  communications equipment. A general lines agent is not required
 1191  to obtain a license under this subparagraph to offer or sell
 1192  communications equipment property insurance or communication
 1193  equipment inland marine insurance. The license also authorizes
 1194  sales of service warranty agreements covering only
 1195  communications equipment to the same extent as if licensed under
 1196  s. 634.419 or s. 634.420. The provisions of this chapter
 1197  requiring submission of fingerprints do not apply to
 1198  communications equipment licenses issued to qualified entities
 1199  under this subparagraph. Licensees offering policies under this
 1200  subparagraph must receive initial training from, and have a
 1201  contractual relationship with, a general lines agent. For the
 1202  purposes of this subparagraph, the term “communications
 1203  equipment” means handsets, pagers, personal digital assistants,
 1204  portable computers, automatic answering devices, and other
 1205  devices or accessories used to originate or receive
 1206  communications signals or service, and includes services related
 1207  to the use of such devices, such as consumer access to a
 1208  wireless network; however, the term does not include
 1209  telecommunications switching equipment, transmission wires, cell
 1210  site transceiver equipment, or other equipment and systems used
 1211  by telecommunications companies to provide telecommunications
 1212  service to consumers. A branch location of a retail vendor of
 1213  communications equipment licensed pursuant to paragraph (2)(b)
 1214  may, in lieu of obtaining an appointment from an insurer or
 1215  warranty association as provided in paragraph (2)(c), obtain a
 1216  single appointment from the associated lead business location
 1217  licensee licensed under paragraph (2)(a) and pay the prescribed
 1218  appointment fee under s. 624.501 provided the lead business
 1219  location has a single appointment from each insurer or warranty
 1220  association represented and such appointment provides that it
 1221  applies to the lead business location and all of its branch
 1222  locations. Any branch location individually appointed by an
 1223  insurer under paragraph (2)(c) prior to January 1, 2006, may
 1224  replace its appointments with an appointment from its lead
 1225  location at no charge. Branch location appointments shall be
 1226  renewed on the first annual anniversary of licensure of the lead
 1227  business location occurring more than 24 months after the
 1228  initial appointment date and every 24 months thereafter.
 1229  Notwithstanding s. 624.501, after July 1, 2006, the renewal fee
 1230  applicable to such branch location appointments shall be $30 per
 1231  appointment.
 1232         (h) Portable electronics insurance.—License for property
 1233  insurance or inland marine insurance that covers only loss,
 1234  theft, mechanical failure, malfunction, or damage for portable
 1235  electronics.
 1236         1. The license may be issued only to:
 1237         a. Employees or authorized representatives of a licensed
 1238  general lines agent; or
 1239         b. The lead business location of a retail vendor that sells
 1240  portable electronics insurance. The lead business location must
 1241  have a contractual relationship with a general lines agent.
 1242         2. Employees or authorized representatives of a licensee
 1243  under subparagraph 1. may sell or offer for sale portable
 1244  electronics coverage without being subject to licensure as an
 1245  insurance agent if:
 1246         a. Such insurance is sold or offered for sale at a licensed
 1247  location or at one of the licensee’s branch locations if the
 1248  branch location is appointed by the licensed lead business
 1249  location or its appointing insurers;
 1250         b. The insurer issuing the insurance directly supervises or
 1251  appoints a general lines agent to supervise the sale of such
 1252  insurance, including the development of a training program for
 1253  the employees and authorized representatives of vendors that are
 1254  directly engaged in the activity of selling or offering the
 1255  insurance; and
 1256         c. At each location where the insurance is offered,
 1257  brochures or other written materials that provide the
 1258  information required by this subparagraph are made available to
 1259  all prospective customers. The brochures or written materials
 1260  may include information regarding portable electronics
 1261  insurance, service warranty agreements, or other incidental
 1262  services or benefits offered by a licensee.
 1263         3. Individuals not licensed to sell portable electronics
 1264  insurance may not be paid commissions based on the sale of such
 1265  coverage. However, a licensee who uses a compensation plan for
 1266  employees and authorized representatives which includes
 1267  supplemental compensation for the sale of noninsurance products,
 1268  in addition to a regular salary or hourly wages, may include
 1269  incidental compensation for the sale of portable electronics
 1270  insurance as a component of the overall compensation plan.
 1271         4. Brochures or other written materials related to portable
 1272  electronics insurance must:
 1273         a. Disclose that such insurance may duplicate coverage
 1274  already provided by a customer’s homeowners’ insurance policy,
 1275  renters’ insurance policy, or other source of coverage;
 1276         b. State that enrollment in insurance coverage is not
 1277  required in order to purchase or lease portable electronics or
 1278  services;
 1279         c. Summarize the material terms of the insurance coverage,
 1280  including the identity of the insurer, the identity of the
 1281  supervising entity, the amount of any applicable deductible and
 1282  how it is to be paid, the benefits of coverage, and key terms
 1283  and conditions of coverage, such as whether portable electronics
 1284  may be repaired or replaced with similar make and model
 1285  reconditioned or nonoriginal manufacturer parts or equipment;
 1286         d. Summarize the process for filing a claim, including a
 1287  description of how to return portable electronics and the
 1288  maximum fee applicable if the customer fails to comply with
 1289  equipment return requirements; and
 1290         e. State that an enrolled customer may cancel coverage at
 1291  any time and that the person paying the premium will receive a
 1292  refund of any unearned premium.
 1293         5. A licensed and appointed general lines agent is not
 1294  required to obtain a portable electronics insurance license to
 1295  offer or sell portable electronics insurance at locations
 1296  already licensed as an insurance agency, but may apply for a
 1297  portable electronics insurance license for branch locations not
 1298  otherwise licensed to sell insurance.
 1299         6. A portable electronics license authorizes the sale of
 1300  individual policies or certificates under a group or master
 1301  insurance policy. The license also authorizes the sale of
 1302  service warranty agreements covering only portable electronics
 1303  to the same extent as if licensed under s. 634.419 or s.
 1304  634.420.
 1305         7. A licensee may bill and collect the premium for the
 1306  purchase of portable electronics insurance provided that:
 1307         a. If the insurance is included with the purchase or lease
 1308  of portable electronics or related services, the licensee
 1309  clearly and conspicuously discloses that insurance coverage is
 1310  included with the purchase. Disclosure of the dollar amount of
 1311  the premium for the insurance must be made on the customer’s
 1312  bill and in any marketing materials made available at the point
 1313  of sale. If the insurance is not included, the charge to the
 1314  customer for the insurance must be separately itemized on the
 1315  customer’s bill.
 1316         b. Premiums are incidental to other fees collected, are
 1317  maintained in a manner that is readily identifiable, and are
 1318  accounted for and remitted to the insurer or supervising entity
 1319  within 60 days of receipt. Licensees are not required to
 1320  maintain such funds in a segregated account.
 1321         c. All funds received by a licensee from an enrolled
 1322  customer for the sale of the insurance are considered funds held
 1323  in trust by the licensee in a fiduciary capacity for the benefit
 1324  of the insurer. Licensees may receive compensation for billing
 1325  and collection services.
 1326         8. Notwithstanding any other provision of law, the terms
 1327  for the termination or modification of coverage under a policy
 1328  of portable electronics insurance are those set forth in the
 1329  policy.
 1330         9. Notice or correspondence required by the policy, or
 1331  otherwise required by law, may be provided by electronic means
 1332  if the insurer or licensee maintains proof that the notice or
 1333  correspondence was sent. Such notice or correspondence may be
 1334  sent on behalf of the insurer or licensee by the general lines
 1335  agent appointed by the insurer to supervise the administration
 1336  of the program. For purposes of this subparagraph, an enrolled
 1337  customer’s provision of an electronic mail address to the
 1338  insurer or licensee is deemed to be consent to receive notices
 1339  and correspondence by electronic means if a conspicuously
 1340  located disclosure is provided to the customer indicating the
 1341  same.
 1342         10. The provisions of this chapter requiring submission of
 1343  fingerprints do not apply to licenses issued to qualified
 1344  entities under this paragraph.
 1345         11. A branch location that sells portable electronics
 1346  insurance may, in lieu of obtaining an appointment from an
 1347  insurer or warranty association, obtain a single appointment
 1348  from the associated lead business location licensee and pay the
 1349  prescribed appointment fee under s. 624.501 if the lead business
 1350  location has a single appointment from each insurer or warranty
 1351  association represented and such appointment applies to the lead
 1352  business location and all of its branch locations. Branch
 1353  location appointments shall be renewed 24 months after the lead
 1354  business location initial appointment date and every 24 months
 1355  thereafter. Notwithstanding s. 624.501, the renewal fee
 1356  applicable to such branch location appointments is $30 per
 1357  appointment.
 1358         12. For purposes of this paragraph:
 1359         a. “Branch location” means any physical location in this
 1360  state at which a licensee offers its products or services for
 1361  sale.
 1362         b. “Portable electronics” means personal, self-contained,
 1363  easily carried by an individual, battery-operated electronic
 1364  communication, viewing, listening, recording, gaming, computing
 1365  or global positioning devices, including cell or satellite
 1366  phones, pagers, personal global positioning satellite units,
 1367  portable computers, portable audio listening, video viewing or
 1368  recording devices, digital cameras, video camcorders, portable
 1369  gaming systems, docking stations, automatic answering devices,
 1370  and other similar devices and their accessories, and service
 1371  related to the use of such devices.
 1372         c. “Portable electronics transaction” means the sale or
 1373  lease of portable electronics or a related service, including
 1374  portable electronics insurance.
 1375         (4) Except as otherwise expressly provided, a person
 1376  applying for or holding a limited license is shall be subject to
 1377  the same applicable requirements and responsibilities that as
 1378  apply to general lines agents in general, if licensed as to
 1379  motor vehicle physical damage and mechanical breakdown
 1380  insurance, credit property insurance, industrial fire insurance
 1381  or burglary insurance, motor vehicle rental insurance, credit
 1382  insurance, crop hail and multiple-peril crop insurance, in
 1383  transit and storage personal property insurance, or portable
 1384  electronics insurance communications equipment property
 1385  insurance or communications equipment inland marine insurance,
 1386  baggage and motor vehicle excess liability insurance, or credit
 1387  insurance; or as apply to life agents or health agents in
 1388  general, as applicable the case may be, if licensed as to travel
 1389  personal accident insurance or credit life or credit disability
 1390  insurance.
 1391         Section 17. Section 626.342, Florida Statutes, is amended
 1392  to read:
 1393         626.342 Furnishing supplies to unlicensed life, health, or
 1394  general lines agent prohibited; civil liability.—
 1395         (1) An insurer, a managing general agent, an insurance
 1396  agency, or an agent, directly or through a any representative,
 1397  may not furnish to an any agent any blank forms, applications,
 1398  stationery, or other supplies to be used in soliciting,
 1399  negotiating, or effecting contracts of insurance on its behalf
 1400  unless such blank forms, applications, stationery, or other
 1401  supplies relate to a class of business for with respect to which
 1402  the agent is licensed and appointed, whether for that insurer or
 1403  another insurer.
 1404         (2) An Any insurer, general agent, insurance agency, or
 1405  agent who furnishes any of the supplies specified in subsection
 1406  (1) to an any agent or prospective agent not appointed to
 1407  represent the insurer and who accepts from or writes any
 1408  insurance business for such agent or agency is subject to civil
 1409  liability to an any insured of such insurer to the same extent
 1410  and in the same manner as if such agent or prospective agent had
 1411  been appointed or authorized by the insurer or such agent to act
 1412  on in its or his or her behalf. The provisions of this
 1413  subsection do not apply to insurance risk apportionment plans
 1414  under s. 627.351.
 1415         (3) This section does not apply to the placing of surplus
 1416  lines business under the provisions of ss. 626.913-626.937.
 1417         Section 18. Subsection (1) of section 626.381, Florida
 1418  Statutes, is amended to read:
 1419         626.381 Renewal, continuation, reinstatement, or
 1420  termination of appointment.—
 1421         (1) The appointment of an appointee continues shall
 1422  continue in force until suspended, revoked, or otherwise
 1423  terminated, but is subject to a renewal request filed by the
 1424  appointing entity in the appointee’s birth month as to natural
 1425  persons or the month the original appointment was issued license
 1426  date as to entities and every 24 months thereafter, accompanied
 1427  by payment of the renewal appointment fee and taxes as
 1428  prescribed in s. 624.501.
 1429         Section 19. Section 626.536, Florida Statutes, is amended
 1430  to read:
 1431         626.536 Reporting of administrative actions.—Each agent and
 1432  insurance agency shall submit to the department, Within 30 days
 1433  after the final disposition of an any administrative action
 1434  taken against a licensee the agent or insurance agency by a
 1435  governmental agency or other regulatory agency in this or any
 1436  other state or jurisdiction relating to the business of
 1437  insurance, the sale of securities, or activity involving fraud,
 1438  dishonesty, trustworthiness, or breach of a fiduciary duty, the
 1439  licensee or insurance agency must submit a copy of the order,
 1440  consent to order, or other relevant legal documents to the
 1441  department. The department may adopt rules to administer
 1442  implementing the provisions of this section.
 1443         Section 20. Section 626.551, Florida Statutes, is amended
 1444  to read:
 1445         626.551 Notice of change of address, name.—A Every licensee
 1446  must shall notify the department, in writing, within 30 60 days
 1447  after a change of name, residence address, principal business
 1448  street address, mailing address, contact telephone numbers,
 1449  including a business telephone number, or e-mail address. A
 1450  licensee licensed agent who has moved his or her residence from
 1451  this state shall have his or her license and all appointments
 1452  immediately terminated by the department. Failure to notify the
 1453  department within the required time period shall result in a
 1454  fine not to exceed $250 for the first offense and, for
 1455  subsequent offenses, a fine of at least $500 or suspension or
 1456  revocation of the license pursuant to s. 626.611, s. 626.6115,
 1457  or s. 626.621, or s. 626.6215 for a subsequent offense. The
 1458  department may adopt rules to administer and enforce this
 1459  section.
 1460         Section 21. Subsection (14) is added to section 626.621,
 1461  Florida Statutes, to read:
 1462         626.621 Grounds for discretionary refusal, suspension, or
 1463  revocation of agent’s, adjuster’s, customer representative’s,
 1464  service representative’s, or managing general agent’s license or
 1465  appointment.—The department may, in its discretion, deny an
 1466  application for, suspend, revoke, or refuse to renew or continue
 1467  the license or appointment of any applicant, agent, adjuster,
 1468  customer representative, service representative, or managing
 1469  general agent, and it may suspend or revoke the eligibility to
 1470  hold a license or appointment of any such person, if it finds
 1471  that as to the applicant, licensee, or appointee any one or more
 1472  of the following applicable grounds exist under circumstances
 1473  for which such denial, suspension, revocation, or refusal is not
 1474  mandatory under s. 626.611:
 1475         (14) Failure to comply with any civil, criminal, or
 1476  administrative action taken by the child support enforcement
 1477  program under Title IV-D of the Social Security Act, 42 U.S.C.
 1478  ss. 651 et seq., to determine paternity or to establish, modify,
 1479  enforce, or collect support.
 1480         Section 22. Subsection (4) of section 626.641, Florida
 1481  Statutes, is amended to read:
 1482         626.641 Duration of suspension or revocation.—
 1483         (4) During the period of suspension or revocation of a the
 1484  license or appointment, and until the license is reinstated or,
 1485  if revoked, a new license issued, the former licensee or
 1486  appointee may shall not engage in or attempt or profess to
 1487  engage in any transaction or business for which a license or
 1488  appointment is required under this code or directly or
 1489  indirectly own, control, or be employed in any manner by an any
 1490  insurance agent, or agency, or adjuster, or adjusting firm.
 1491         Section 23. Subsection (1) of section 626.651, Florida
 1492  Statutes, is amended to read:
 1493         626.651 Effect of suspension, revocation upon associated
 1494  licenses and appointments and licensees and appointees.—
 1495         (1) Upon suspension, revocation, or refusal to renew or
 1496  continue any one license of a licensee an agent or customer
 1497  representative, or upon suspension or revocation of eligibility
 1498  to hold a license or appointment, the department shall at the
 1499  same time likewise suspend or revoke all other licenses,
 1500  appointments, or status of eligibility held by the licensee or
 1501  appointee under this code.
 1502         Section 24. Subsection (4) of section 626.730, Florida
 1503  Statutes, is amended to read:
 1504         626.730 Purpose of license.—
 1505         (4) This section does not prohibit a person who is employed
 1506  by or associated with a motor vehicle sales or financing agency,
 1507  a retail sales establishment, or a consumer loan office from
 1508  holding the licensing under a limited license for credit
 1509  insurance or as to motor vehicle physical damage and mechanical
 1510  breakdown insurance for the purpose of insuring or credit
 1511  property insurance of any person employed by or associated with
 1512  a motor vehicle sales or financing agency, a retail sales
 1513  establishment, or a consumer loan office, other than a consumer
 1514  loan office owned by or affiliated with a financial institution
 1515  as defined in s. 655.005, with respect to insurance of the
 1516  interest of such entity agency in a motor vehicle sold or
 1517  financed by it or in personal property if used as collateral for
 1518  a loan.
 1519         (5) This section does not apply with respect to the
 1520  interest of a real estate mortgagee in or as to insurance
 1521  covering such interest or in the real estate subject to such
 1522  mortgage.
 1523         Section 25. Section 626.732, Florida Statutes, is amended
 1524  to read:
 1525         626.732 Requirement as to knowledge, experience, or
 1526  instruction.—
 1527         (1) Except as provided in subsection (4) (3), an no
 1528  applicant for a license as a general lines agent or personal
 1529  lines agent, except for a chartered property and casualty
 1530  underwriter (CPCU), may not other than as to a limited license
 1531  as to baggage and motor vehicle excess liability insurance,
 1532  credit property insurance, credit insurance, in-transit and
 1533  storage personal property insurance, or communications equipment
 1534  property insurance or communication equipment inland marine
 1535  insurance, shall be qualified or licensed unless, within the 4
 1536  years immediately preceding the date the application for license
 1537  is filed with the department, the applicant has:
 1538         (a) Taught or successfully completed classroom courses in
 1539  insurance, 3 hours of which must shall be on the subject matter
 1540  of ethics, satisfactory to the department at a school, college,
 1541  or extension division thereof, approved by the department. To
 1542  qualify for licensure as a personal lines agent, the applicant
 1543  must complete a total of 52 hours of classroom courses in
 1544  insurance;
 1545         (b) Completed a correspondence course in insurance, 3 hours
 1546  of which must shall be on the subject matter of ethics,
 1547  satisfactory to the department and regularly offered by
 1548  accredited institutions of higher learning in this state, and
 1549  have, except if he or she is applying for a limited license
 1550  under s. 626.321, for licensure as a general lines agent, has
 1551  had at least 6 months of responsible insurance duties as a
 1552  substantially full-time bona fide employee in all lines of
 1553  property and casualty insurance set forth in the definition of
 1554  general lines agent under s. 626.015 or, for licensure as a
 1555  personal lines agent, has completed at least 3 months in
 1556  responsible insurance duties as a substantially full-time
 1557  employee in property and casualty insurance sold to individuals
 1558  and families for noncommercial purposes;
 1559         (c) For licensure as a general lines agent, Completed at
 1560  least 1 year in responsible insurance duties as a substantially
 1561  full-time bona fide employee in all lines of property and
 1562  casualty insurance, exclusive of aviation and wet marine and
 1563  transportation insurances but not exclusive of boats of less
 1564  than 36 feet in length or aircraft not held out for hire, as set
 1565  forth in the definition of a general lines agent under s.
 1566  626.015, but without the education requirement described
 1567  mentioned in paragraph (a) or paragraph (b) or, for licensure as
 1568  a personal lines agent, has completed at least 6 months in
 1569  responsible insurance duties as a substantially full-time
 1570  employee in property and casualty insurance sold to individuals
 1571  and families for noncommercial purposes without the education
 1572  requirement in paragraph (a) or paragraph (b);
 1573         (d)1.For licensure as a general lines agent, Completed at
 1574  least 1 year of responsible insurance duties as a licensed and
 1575  appointed customer representative or limited customer
 1576  representative in commercial or personal lines of property and
 1577  casualty insurance and 40 hours of classroom courses approved by
 1578  the department covering the areas of property, casualty, surety,
 1579  health, and marine insurance; or
 1580         2. For licensure as a personal lines agent, completed at
 1581  least 6 months of responsible duties as a licensed and appointed
 1582  customer representative or limited customer representative in
 1583  property and casualty insurance sold to individuals and families
 1584  for noncommercial purposes and 20 hours of classroom courses
 1585  approved by the department which are related to property and
 1586  casualty insurance sold to individuals and families for
 1587  noncommercial purposes;
 1588         (e)1.For licensure as a general lines agent, Completed at
 1589  least 1 year of responsible insurance duties as a licensed and
 1590  appointed service representative in either commercial or
 1591  personal lines of property and casualty insurance and 80 hours
 1592  of classroom courses approved by the department covering the
 1593  areas of property, casualty, surety, health, and marine
 1594  insurance.; or
 1595         2. For licensure as a personal lines agent, completed at
 1596  least 6 months of responsible insurance duties as a licensed and
 1597  appointed service representative in property and casualty
 1598  insurance sold to individuals and families for noncommercial
 1599  purposes and 40 hours of classroom courses approved by the
 1600  department related to property and casualty insurance sold to
 1601  individuals and families for noncommercial purposes; or
 1602         (2) Except as provided under subsection (4), an applicant
 1603  for a license as a personal lines agent, except for a chartered
 1604  property and casualty underwriter (CPCU), may not be qualified
 1605  or licensed unless, within the 4 years immediately preceding the
 1606  date the application for license is filed with the department,
 1607  the applicant has:
 1608         (a) Taught or successfully completed classroom courses in
 1609  insurance, 3 hours of which must be on the subject matter of
 1610  ethics, at a school, college, or extension division thereof,
 1611  approved by the department. To qualify for licensure, the
 1612  applicant must complete a total of 52 hours of classroom courses
 1613  in insurance;
 1614         (b) Completed a correspondence course in insurance, 3 hours
 1615  of which must be on the subject matter of ethics, satisfactory
 1616  to the department and regularly offered by accredited
 1617  institutions of higher learning in this state, and completed at
 1618  least 3 months of responsible insurance duties as a
 1619  substantially full-time employee in the area of property and
 1620  casualty insurance sold to individuals and families for
 1621  noncommercial purposes;
 1622         (c) Completed at least 6 months of responsible insurance
 1623  duties as a substantially full-time employee in the area of
 1624  property and casualty insurance sold to individuals and families
 1625  for noncommercial purposes, but without the education
 1626  requirement described in paragraph (a) or paragraph (b);
 1627         (d) Completed at least 6 months of responsible duties as a
 1628  licensed and appointed customer representative or limited
 1629  customer representative in property and casualty insurance sold
 1630  to individuals and families for noncommercial purposes and 20
 1631  hours of classroom courses approved by the department which are
 1632  related to property and casualty insurance sold to individuals
 1633  and families for noncommercial purposes;
 1634         (e) Completed at least 6 months of responsible insurance
 1635  duties as a licensed and appointed service representative in
 1636  property and casualty insurance sold to individuals and families
 1637  for noncommercial purposes and 40 hours of classroom courses
 1638  approved by the department related to property and casualty
 1639  insurance sold to individuals and families for noncommercial
 1640  purposes; or
 1641         (f) For licensure as a personal lines agent, Completed at
 1642  least 3 years of responsible duties as a licensed and appointed
 1643  customer representative in property and casualty insurance sold
 1644  to individuals and families for noncommercial purposes.
 1645         (3)(2)If Where an applicant’s qualifications as required
 1646  under subsection (1) or subsection (2) in paragraph (1)(b)or
 1647  paragraph (1)(c) are based in part upon the periods of
 1648  employment in at responsible insurance duties prescribed
 1649  therein, the applicant shall submit with the license application
 1650  for license, on a form prescribed by the department, an the
 1651  affidavit of his or her employer setting forth the period of
 1652  such employment, that the employment same was substantially
 1653  full-time, and giving a brief abstract of the nature of the
 1654  duties performed by the applicant.
 1655         (4)(3) An individual who was or became qualified to sit for
 1656  an agent’s, customer representative’s, or adjuster’s examination
 1657  at or during the time he or she was employed by the department
 1658  or office and who, while so employed, was employed in
 1659  responsible insurance duties as a full-time bona fide employee
 1660  may shall be permitted to take an examination if application for
 1661  such examination is made within 90 days after the date of
 1662  termination of his or her employment with the department or
 1663  office.
 1664         (5)(4) Classroom and correspondence courses under
 1665  subsections (1) and (2) subsection (1) must include instruction
 1666  on the subject matter of unauthorized entities engaging in the
 1667  business of insurance. The scope of the topic of unauthorized
 1668  entities must shall include the Florida Nonprofit Multiple
 1669  Employer Welfare Arrangement Act and the Employee Retirement
 1670  Income Security Act, 29 U.S.C. ss. 1001 et seq., as it relates
 1671  to the provision of health insurance by employers and the
 1672  regulation thereof.
 1673         (6) This section does not apply to an individual holding
 1674  only a limited license for travel insurance, motor vehicle
 1675  rental insurance, credit insurance, in-transit and storage
 1676  personal property insurance, or portable electronics insurance.
 1677         Section 26. Section 626.8411, Florida Statutes, is amended
 1678  to read:
 1679         626.8411 Application of Florida Insurance Code provisions
 1680  to title insurance agents or agencies.—
 1681         (1) The following provisions of part II, as applicable to
 1682  general lines agents or agencies, also apply to title insurance
 1683  agents or agencies:
 1684         (a) Section 626.734, relating to liability of certain
 1685  agents.
 1686         (b) Section 626.175, relating to temporary licenses.
 1687         (b)(c) Section 626.747, relating to branch agencies.
 1688         (c)Section 626.749, relating to place of business in
 1689  residence.
 1690         (d) Section 626.753, relating to sharing of commissions.
 1691         (e) Section 626.754, relating to rights of agent following
 1692  termination of appointment.
 1693         (2) The following provisions of part I do not apply to
 1694  title insurance agents or title insurance agencies:
 1695         (a) Section 626.112(7), relating to licensing of insurance
 1696  agencies.
 1697         (b) Section 626.231, relating to eligibility for
 1698  examination.
 1699         (c) Section 626.572, relating to rebating, when allowed.
 1700         (d) Section 626.172, relating to agent in full-time charge.
 1701         Section 27. Section 626.8418, Florida Statutes, is amended
 1702  to read:
 1703         626.8418 Application for title insurance agency license.
 1704  Before Prior to doing business in this state as a title
 1705  insurance agency, the a title insurance agency must meet all of
 1706  the following requirements:
 1707         (1) The applicant must file with the department an
 1708  application for a license as a title insurance agency, on
 1709  printed forms furnished by the department, which include that
 1710  includes all of the following:
 1711         (1)(a) The name of each majority owner, partner, officer,
 1712  and director of the agency.
 1713         (2)(b) The residence address of each person required to be
 1714  listed under subsection (1) paragraph (a).
 1715         (3)(c) The name of the agency and its principal business
 1716  address.
 1717         (4)(d) The location of each agency office and the name
 1718  under which each agency office conducts or will conduct
 1719  business.
 1720         (5)(e) The name of each agent to be in full-time charge of
 1721  an agency office and the identification specification of such
 1722  which office.
 1723         (6)(f) Such additional information as the department
 1724  requires by rule to ascertain the trustworthiness and competence
 1725  of persons required to be listed on the application and to
 1726  ascertain that such persons meet the requirements of this code.
 1727         (2) The applicant must have deposited with the department
 1728  securities of the type eligible for deposit under s. 625.52 and
 1729  having at all times a market value of not less than $35,000. In
 1730  place of such deposit, the title insurance agency may post a
 1731  surety bond of like amount payable to the department for the
 1732  benefit of any appointing insurer damaged by a violation by the
 1733  title insurance agency of its contract with the appointing
 1734  insurer. If a properly documented claim is timely filed with the
 1735  department by a damaged title insurer, the department may remit
 1736  an appropriate amount of the deposit or the proceeds that are
 1737  received from the surety in payment of the claim. The required
 1738  deposit or bond must be made by the title insurance agency, and
 1739  a title insurer may not provide the deposit or bond directly or
 1740  indirectly on behalf of the title insurance agency. The deposit
 1741  or bond must secure the performance by the title insurance
 1742  agency of its duties and responsibilities under the issuing
 1743  agency contracts with each title insurer for which it is
 1744  appointed. The agency may exchange or substitute other
 1745  securities of like quality and value for securities on deposit,
 1746  may receive the interest and other income accruing on such
 1747  securities, and may inspect the deposit at all reasonable times.
 1748  Such deposit or bond must remain unimpaired as long as the title
 1749  insurance agency continues in business in this state and until 1
 1750  year after termination of all title insurance agency
 1751  appointments held by the title insurance agency. The title
 1752  insurance agency is entitled to the return of the deposit or
 1753  bond together with accrued interest after such year has passed,
 1754  if no claim has been made against the deposit or bond. If a
 1755  surety bond is unavailable generally, the department may adopt
 1756  rules for alternative methods to comply with this subsection.
 1757  With respect to such alternative methods for compliance, the
 1758  department must be guided by the past business performance and
 1759  good reputation and character of the proposed title insurance
 1760  agency. A surety bond is deemed to be unavailable generally if
 1761  the prevailing annual premium exceeds 25 percent of the
 1762  principal amount of the bond.
 1763         Section 28. Section 626.8548, Florida Statutes, is created
 1764  to read:
 1765         626.8548“All-lines adjuster” defined.—An “all-lines
 1766  adjuster” is a person who is self-employed or employed by an
 1767  insurer, a wholly owned subsidiary of an insurer, or an
 1768  independent adjusting firm or other independent adjuster, and
 1769  who undertakes on behalf of an insurer or other insurers under
 1770  common control or ownership to ascertain and determine the
 1771  amount of any claim, loss, or damage payable under an insurance
 1772  contract or undertakes to effect settlement of such claim, loss,
 1773  or damage. The term does not apply to life insurance or annuity
 1774  contracts.
 1775         Section 29. Section 626.855, Florida Statutes, is amended
 1776  to read:
 1777         626.855 “Independent adjuster” defined.—An “independent
 1778  adjuster” means a is any person licensed as an all-lines
 1779  adjuster who is self-appointed self-employed or appointed and is
 1780  associated with or employed by an independent adjusting firm or
 1781  other independent adjuster, and who undertakes on behalf of an
 1782  insurer to ascertain and determine the amount of any claim,
 1783  loss, or damage payable under an insurance contract or
 1784  undertakes to effect settlement of such claim, loss, or damage.
 1785         Section 30. Section 626.856, Florida Statutes, is amended
 1786  to read:
 1787         626.856 “Company employee adjuster” defined.—A “company
 1788  employee adjuster” means is a person licensed as an all-lines
 1789  adjuster who is appointed and employed on an insurer’s staff of
 1790  adjusters or a wholly owned subsidiary of the insurer, and who
 1791  undertakes on behalf of such insurer or other insurers under
 1792  common control or ownership to ascertain and determine the
 1793  amount of any claim, loss, or damage payable under a contract of
 1794  insurance, or undertakes to effect settlement of such claim,
 1795  loss, or damage.
 1796         Section 31. Section 626.858, Florida Statutes, is repealed.
 1797         Section 32. Section 626.8584, Florida Statutes, is amended
 1798  to read:
 1799         626.8584 “Nonresident all-lines independent adjuster”
 1800  defined.—A “nonresident all-lines independent adjuster” means is
 1801  a person who:
 1802         (1) Is not a resident of this state;
 1803         (2) Is a currently licensed as an independent adjuster in
 1804  his or her state of residence for all lines of insurance except
 1805  life and annuities the type or kinds of insurance for which the
 1806  licensee intends to adjust claims in this state or, if a
 1807  resident of a state that does not license such independent
 1808  adjusters, meets the qualifications has passed the department’s
 1809  adjuster examination as prescribed in s. 626.8734(1)(b); and
 1810         (3) Is licensed as an all-lines adjuster and self-appointed
 1811  or appointed and a self-employed independent adjuster or
 1812  associated with or employed by an independent adjusting firm or
 1813  other independent adjuster, by an insurer admitted to do
 1814  business in this state or a wholly-owned subsidiary of an
 1815  insurer admitted to do business in this state, or by other
 1816  insurers under the common control or ownership of such insurer.
 1817         Section 33. Section 626.863, Florida Statutes, is amended
 1818  to read:
 1819         626.863 Claims referrals to Licensed independent adjusters
 1820  required; insurers’ responsibility.—
 1821         (1) An insurer may shall not knowingly refer any claim or
 1822  loss for adjustment in this state to any person purporting to be
 1823  or acting as an independent adjuster unless the person is
 1824  currently licensed as an all-lines adjuster and appointed as an
 1825  independent adjuster under this code.
 1826         (2) Before referring any claim or loss, the insurer shall
 1827  ascertain from the department whether the proposed independent
 1828  adjuster is currently licensed as an all-lines adjuster and
 1829  appointed as an independent adjuster such. Having once
 1830  ascertained that a particular person is so licensed and
 1831  appointed, the insurer may assume that he or she will continue
 1832  to be so licensed and appointed until the insurer has knowledge,
 1833  or receives information from the department, to the contrary.
 1834         (3) This section does not apply to catastrophe or emergency
 1835  adjusters as provided for in this part.
 1836         Section 34. Section 626.864, Florida Statutes, is amended
 1837  to read:
 1838         626.864 Adjuster license types.—
 1839         (1) A qualified individual may be licensed and appointed as
 1840  either:
 1841         (a) A public adjuster; or
 1842         (b) An all-lines independent adjuster; or
 1843         (c) A company employee adjuster.
 1844         (2) The same individual may shall not be concurrently
 1845  licensed appointed as a public adjuster and an all-lines
 1846  adjuster to more than one of the adjuster types referred to in
 1847  subsection (1).
 1848         (3) An all-lines adjuster may be appointed as an
 1849  independent adjuster or company employee adjuster, but not both
 1850  concurrently.
 1851         Section 35. Paragraph (e) is added to subsection (1) of
 1852  section 626.865, Florida Statutes, to read:
 1853         626.865 Public adjuster’s qualifications, bond.—
 1854         (1) The department shall issue a license to an applicant
 1855  for a public adjuster’s license upon determining that the
 1856  applicant has paid the applicable fees specified in s. 624.501
 1857  and possesses the following qualifications:
 1858         (e) Is licensed as a public adjuster apprentice under s.
 1859  626.8651 and complies with the requirements of that license
 1860  throughout the licensure period.
 1861         Section 36. Section 626.866, Florida Statutes, is amended
 1862  to read:
 1863         626.866 All-lines adjuster Independent adjuster’s
 1864  qualifications.—The department shall issue a license to an
 1865  applicant for an all-lines adjuster independent adjuster’s
 1866  license to an applicant upon determining that the applicable
 1867  license fee specified in s. 624.501 has been paid and that the
 1868  applicant possesses the following qualifications:
 1869         (1) Is a natural person at least 18 years of age.
 1870         (2) Is a United States citizen or legal alien who possesses
 1871  work authorization from the United States Bureau of Citizenship
 1872  and Immigration Services and a bona fide resident of this state.
 1873         (3) Is trustworthy and has such business reputation as
 1874  would reasonably assure that the applicant will conduct his or
 1875  her business as insurance adjuster fairly and in good faith and
 1876  without detriment to the public.
 1877         (4) Has had sufficient experience, training, or instruction
 1878  concerning the adjusting of damage or loss under insurance
 1879  contracts, other than life and annuity contracts, is
 1880  sufficiently informed as to the terms and the effects of the
 1881  provisions of such types of contracts, and possesses adequate
 1882  knowledge of the insurance laws of this state relating to such
 1883  contracts as to enable and qualify him or her to engage in the
 1884  business of insurance adjuster fairly and without injury to the
 1885  public or any member thereof with whom he or she may have
 1886  relations as an insurance adjuster and to adjust all claims in
 1887  accordance with the policy or contract and the insurance laws of
 1888  this state.
 1889         (5) Has passed any required written examination or has met
 1890  one of the exemptions prescribed under s. 626.221.
 1891         Section 37. Section 626.867, Florida Statutes, is repealed.
 1892         Section 38. Section 626.869, Florida Statutes, is amended
 1893  to read:
 1894         626.869 License, adjusters; continuing education.—
 1895         (1) Having An applicant for a license as an all-lines
 1896  adjuster qualifies the licensee to adjust may qualify and his or
 1897  her license when issued may cover adjusting in any one of the
 1898  following classes of insurance:
 1899         (a) all lines of insurance except life and annuities.
 1900         (b) Motor vehicle physical damage insurance.
 1901         (c) Property and casualty insurance.
 1902         (d) Workers’ compensation insurance.
 1903         (e) Health insurance.
 1904  
 1905  No examination on workers’ compensation insurance or health
 1906  insurance shall be required for public adjusters.
 1907         (2) All individuals who on October 1, 1990, hold an
 1908  adjuster’s license and appointment limited to fire and allied
 1909  lines, including marine or casualty or boiler and machinery, may
 1910  remain licensed and appointed under the limited license and may
 1911  renew their appointment, but a no license or appointment that
 1912  which has been terminated, not renewed, suspended, or revoked
 1913  may not shall be reinstated, and no new or additional licenses
 1914  or appointments may not shall be issued.
 1915         (3) All individuals who on October 1, 2012, hold an
 1916  adjuster’s license and appointment limited to motor vehicle
 1917  physical damage and mechanical breakdown, property and casualty,
 1918  workers’ compensation, or health insurance may remain licensed
 1919  and appointed under such limited license and may renew their
 1920  appointment, but a license that has been terminated, suspended,
 1921  or revoked may not be reinstated, and new or additional licenses
 1922  may not be issued. The applicant’s application for license shall
 1923  specify which of the foregoing classes of business the
 1924  application for license is to cover.
 1925         (4)(a)An Any individual holding a license as a public
 1926  adjuster or an all-lines a company employee adjuster must
 1927  complete all continuing education requirements as specified in
 1928  s. 626.2815. or independent adjuster for 24 consecutive months
 1929  or longer must, beginning in his or her birth month and every 2
 1930  years thereafter, have completed 24 hours of courses, 2 hours of
 1931  which relate to ethics, in subjects designed to inform the
 1932  licensee regarding the current insurance laws of this state, so
 1933  as to enable him or her to engage in business as an insurance
 1934  adjuster fairly and without injury to the public and to adjust
 1935  all claims in accordance with the policy or contract and the
 1936  laws of this state.
 1937         (b) Any individual holding a license as a public adjuster
 1938  for 24 consecutive months or longer, beginning in his or her
 1939  birth month and every 2 years thereafter, must have completed 24
 1940  hours of courses, 2 hours of which relate to ethics, in subjects
 1941  designed to inform the licensee regarding the current laws of
 1942  this state pertaining to all lines of insurance other than life
 1943  and annuities, the current laws of this state pertaining to the
 1944  duties and responsibilities of public adjusters as set forth in
 1945  this part, and the current rules of the department applicable to
 1946  public adjusters and standard or representative policy forms
 1947  used by insurers, other than forms for life insurance and
 1948  annuities, so as to enable him or her to engage in business as
 1949  an adjuster fairly and without injury to the public and to
 1950  adjust all claims in accordance with the policy or contract and
 1951  laws of this state. In order to receive credit for continuing
 1952  education courses, public adjusters must take courses that are
 1953  specifically designed for public adjusters and approved by the
 1954  department, provided, however, no continuing education course
 1955  shall be required for public adjusters for workers’ compensation
 1956  insurance or health insurance.
 1957         (c) The department shall adopt rules necessary to implement
 1958  and administer the continuing education requirements of this
 1959  subsection. For good cause shown, the department may grant an
 1960  extension of time during which the requirements imposed by this
 1961  section may be completed, but such extension of time may not
 1962  exceed 1 year.
 1963         (d) A nonresident public adjuster must complete the
 1964  continuing education requirements provided by this section;
 1965  provided, a nonresident public adjuster may meet the
 1966  requirements of this section if the continuing education
 1967  requirements of the nonresident public adjuster’s home state are
 1968  determined to be substantially comparable to the requirements of
 1969  this state’s continuing education requirements and if the
 1970  resident’s state recognizes reciprocity with this state’s
 1971  continuing education requirements. A nonresident public adjuster
 1972  whose home state does not have such continuing education
 1973  requirements for adjusters, and who is not licensed as a
 1974  nonresident adjuster in a state that has continuing education
 1975  requirements and reciprocates with this state, must meet the
 1976  continuing education requirements of this section.
 1977         (5) The regulation of continuing education for licensees,
 1978  course providers, instructors, school officials, and monitor
 1979  groups shall be as provided for in s. 626.2816.
 1980         Section 39. Paragraph (c) of subsection (2) of section
 1981  626.8697, Florida Statutes, is amended to read:
 1982         626.8697 Grounds for refusal, suspension, or revocation of
 1983  adjusting firm license.—
 1984         (2) The department may, in its discretion, deny, suspend,
 1985  revoke, or refuse to continue the license of any adjusting firm
 1986  if it finds that any of the following applicable grounds exist
 1987  with respect to the firm or any owner, partner, manager,
 1988  director, officer, or other person who is otherwise involved in
 1989  the operation of the firm:
 1990         (c) Violation of an any order or rule of the department,
 1991  office, or commission.
 1992         Section 40. Subsections (1) and (5) of section 626.872,
 1993  Florida Statutes, are amended to read:
 1994         626.872 Temporary license.—
 1995         (1) The department may, in its discretion, issue a
 1996  temporary license as an all-lines independent adjuster or as a
 1997  company employee adjuster, subject to the following conditions:
 1998         (a) The applicant must be an employee of an adjuster
 1999  currently licensed by the department, an employee of an
 2000  authorized insurer, or an employee of an established adjusting
 2001  firm or corporation who which is supervised by a currently
 2002  licensed all-lines independent adjuster.
 2003         (b) The application must be accompanied by a certificate of
 2004  employment and a report as to the applicant’s integrity and
 2005  moral character on a form prescribed by the department and
 2006  executed by the employer.
 2007         (b)(c) The applicant must be a natural person of at least
 2008  18 years of age, must be a bona fide resident of this state,
 2009  must be trustworthy, and must have a such business reputation
 2010  that as would reasonably ensure assure that the applicant will
 2011  conduct his or her business as an adjuster fairly and in good
 2012  faith and without detriment to the public.
 2013         (c)(d) The applicant’s employer is responsible for the
 2014  adjustment acts of the temporary any licensee under this
 2015  section.
 2016         (d)(e) The applicable license fee specified must be paid
 2017  before issuance of the temporary license.
 2018         (e)(f) The temporary license is shall be effective for a
 2019  period of 1 year, but is subject to earlier termination at the
 2020  request of the employer, or if the licensee fails to take an
 2021  examination as an all-lines independent adjuster or company
 2022  employee adjuster within 6 months after issuance of the
 2023  temporary license, or if the temporary license is suspended or
 2024  revoked by the department.
 2025         (5) The department may shall not issue a temporary license
 2026  as an all-lines independent adjuster or as a company employee
 2027  adjuster to an any individual who has ever held such a license
 2028  in this state.
 2029         Section 41. Section 626.873, Florida Statutes, is repealed.
 2030         Section 42. Section 626.8734, Florida Statutes, is amended
 2031  to read:
 2032         626.8734 Nonresident all-lines adjuster license independent
 2033  adjuster’s qualifications.—
 2034         (1) The department shall, upon application therefor, issue
 2035  a license to an applicant for a nonresident all-lines adjuster
 2036  independent adjuster’s license upon determining that the
 2037  applicant has paid the applicable license fees required under s.
 2038  624.501 and:
 2039         (a) Is a natural person at least 18 years of age.
 2040         (b) Has passed to the satisfaction of the department a
 2041  written Florida all-lines adjuster independent adjuster’s
 2042  examination of the scope prescribed in s. 626.241(6); however,
 2043  the requirement for the examination does not apply to any of the
 2044  following:
 2045         1. An applicant who is licensed as an all-lines a resident
 2046  independent adjuster in his or her home state if of residence
 2047  when that state has entered into requires the passing of a
 2048  written examination in order to obtain the license and a
 2049  reciprocal agreement with the appropriate official of that state
 2050  has been entered into by the department; or
 2051         2. An applicant who is licensed as a nonresident all-lines
 2052  independent adjuster in a state other than his or her home state
 2053  of residence when the state of licensure requires the passing of
 2054  a written examination in order to obtain the license and a
 2055  reciprocal agreement with the appropriate official of the state
 2056  of licensure has been entered into with by the department.
 2057         (c) Is licensed as an all-lines adjuster and is self
 2058  appointed, or appointed and employed by an independent adjusting
 2059  firm or other independent adjuster, or is an employee of an
 2060  insurer admitted to do business in this state, a wholly owned
 2061  subsidiary of an insurer admitted to business in this state, or
 2062  other insurers under the common control or ownership of such
 2063  insurers self-employed or associated with or employed by an
 2064  independent adjusting firm or other independent adjuster.
 2065  Applicants licensed as nonresident all-lines independent
 2066  adjusters under this section must be appointed as an independent
 2067  adjuster or company employee adjuster such in accordance with
 2068  the provisions of ss. 626.112 and 626.451. Appointment fees as
 2069  in the amount specified in s. 624.501 must be paid to the
 2070  department in advance. The appointment of a nonresident
 2071  independent adjuster continues shall continue in force until
 2072  suspended, revoked, or otherwise terminated, but is subject to
 2073  biennial renewal or continuation by the licensee in accordance
 2074  with procedures prescribed in s. 626.381 for licensees in
 2075  general.
 2076         (d) Is trustworthy and has such business reputation as
 2077  would reasonably ensure assure that he or she will conduct his
 2078  or her business as a nonresident all-lines independent adjuster
 2079  fairly and in good faith and without detriment to the public.
 2080         (e) Has had sufficient experience, training, or instruction
 2081  concerning the adjusting of damages or losses under insurance
 2082  contracts, other than life and annuity contracts; is
 2083  sufficiently informed as to the terms and effects of the
 2084  provisions of those types of insurance contracts; and possesses
 2085  adequate knowledge of the laws of this state relating to such
 2086  contracts as to enable and qualify him or her to engage in the
 2087  business of insurance adjuster fairly and without injury to the
 2088  public or any member thereof with whom he or she may have
 2089  business as an all-lines independent adjuster.
 2090         (2) The applicant must shall furnish the following with his
 2091  or her application:
 2092         (a) A complete set of his or her fingerprints. The
 2093  applicant’s fingerprints must be certified by an authorized law
 2094  enforcement officer.
 2095         (b) If currently licensed as an all-lines a resident
 2096  independent adjuster in the applicant’s home state of residence,
 2097  a certificate or letter of authorization from the licensing
 2098  authority of the applicant’s home state of residence, stating
 2099  that the applicant holds a current license to act as an all
 2100  lines independent adjuster. The Such certificate or letter of
 2101  authorization must be signed by the insurance commissioner, or
 2102  his or her deputy or the appropriate licensing official, and
 2103  must disclose whether the adjuster has ever had a any license or
 2104  eligibility to hold any license declined, denied, suspended,
 2105  revoked, or placed on probation or whether an administrative
 2106  fine or penalty has been levied against the adjuster and, if so,
 2107  the reason for the action. Such certificate or letter is not
 2108  required if the nonresident applicant’s licensing status can be
 2109  verified through the Producer Database maintained by the
 2110  National Association of Insurance Commissioners, its affiliates,
 2111  or subsidiaries.
 2112         (c) If the applicant’s home state of residence does not
 2113  require licensure as an all-lines independent adjuster and the
 2114  applicant has been licensed as a resident insurance adjuster,
 2115  agent, broker, or other insurance representative in his or her
 2116  home state of residence or any other state within the past 3
 2117  years, a certificate or letter of authorization from the
 2118  licensing authority stating that the applicant holds or has held
 2119  a license to act as an insurance adjuster, agent, or other
 2120  insurance representative. The certificate or letter of
 2121  authorization must be signed by the insurance commissioner, or
 2122  his or her deputy or the appropriate licensing official, and
 2123  must disclose whether the adjuster, agent, or other insurance
 2124  representative has ever had a any license or eligibility to hold
 2125  any license declined, denied, suspended, revoked, or placed on
 2126  probation or whether an administrative fine or penalty has been
 2127  levied against the adjuster and, if so, the reason for the
 2128  action. Such certificate or letter is not required if the
 2129  nonresident applicant’s licensing status can be verified through
 2130  the Producer Database maintained by the National Association of
 2131  Insurance Commissioners, its affiliates, or subsidiaries.
 2132         (3) The usual and customary records pertaining to
 2133  transactions under the license of a nonresident all-lines
 2134  independent adjuster must be retained for at least 3 years after
 2135  completion of the adjustment and must be made available in this
 2136  state to the department upon request. The failure of a
 2137  nonresident all-lines independent adjuster to properly maintain
 2138  records and make them available to the department upon request
 2139  constitutes grounds for the immediate suspension of the license
 2140  issued under this section.
 2141         (4) After licensure as a nonresident independent adjuster,
 2142  As a condition of doing business in this state as a nonresident
 2143  independent adjuster, the appointee must licensee must annually
 2144  on or before January 1, on a form prescribed by the department,
 2145  submit an affidavit to the department certifying that the
 2146  licensee is familiar with and understands the insurance laws and
 2147  administrative rules of this state and the provisions of the
 2148  contracts negotiated or to be negotiated. Compliance with this
 2149  filing requirement is a condition precedent to the issuance,
 2150  continuation, reinstatement, or renewal of a nonresident
 2151  independent adjuster’s appointment.
 2152         Section 43. Section 626.8736, Florida Statutes, is amended
 2153  to read:
 2154         626.8736 Nonresident independent or public adjusters;
 2155  service of process.—
 2156         (1) Each licensed nonresident independent or public
 2157  adjuster or all-lines adjuster appointed as an independent
 2158  adjuster shall appoint the Chief Financial Officer and his or
 2159  her successors in office as his or her attorney to receive
 2160  service of legal process issued against such the nonresident
 2161  independent or public adjuster in this state, upon causes of
 2162  action arising within this state out of transactions under his
 2163  license and appointment. Service upon the Chief Financial
 2164  Officer as attorney constitutes shall constitute effective legal
 2165  service upon the nonresident independent or public adjuster.
 2166         (2) The appointment of the Chief Financial Officer for
 2167  service of process is shall be irrevocable for as long as there
 2168  could be any cause of action against the nonresident independent
 2169  or public adjuster or all-lines adjuster appointed as an
 2170  independent adjuster arising out of his or her insurance
 2171  transactions in this state.
 2172         (3) Duplicate copies of legal process against the
 2173  nonresident independent or public adjuster or all-lines adjuster
 2174  appointed as an independent adjuster shall be served upon the
 2175  Chief Financial Officer by a person competent to serve a
 2176  summons.
 2177         (4) Upon receiving the service, the Chief Financial Officer
 2178  shall forthwith send one of the copies of the process, by
 2179  registered mail with return receipt requested, to the defendant
 2180  nonresident independent or public adjuster or all-lines adjuster
 2181  appointed as an independent adjuster at his or her last address
 2182  of record with the department.
 2183         (5) The Chief Financial Officer shall keep a record of the
 2184  day and hour of service upon him or her of all legal process
 2185  received under this section.
 2186         Section 44. Subsection (1) of section 626.874, Florida
 2187  Statutes, is amended to read:
 2188         626.874 Catastrophe or emergency adjusters.—
 2189         (1) In the event of a catastrophe or emergency, the
 2190  department may issue a license, for the purposes and under the
 2191  conditions which it shall fix and for the period of emergency as
 2192  it shall determine, to persons who are residents or nonresidents
 2193  of this state, who are at least 18 years of age, who are United
 2194  States citizens or legal aliens who possess work authorization
 2195  from the United States Bureau of Citizenship and Immigration
 2196  Services, and who are not licensed adjusters under this part but
 2197  who have been designated and certified to it as qualified to act
 2198  as adjusters by all-lines independent resident adjusters, or by
 2199  an authorized insurer, or by a licensed general lines agent to
 2200  adjust claims, losses, or damages under policies or contracts of
 2201  insurance issued by such insurers. The fee for the license is
 2202  shall be as provided in s. 624.501(12)(c).
 2203         Section 45. Subsection (1) of section 626.875, Florida
 2204  Statutes, is amended to read:
 2205         626.875 Office and records.—
 2206         (1) Each appointed Every licensed independent adjuster and
 2207  every licensed public adjuster must shall have and maintain in
 2208  this state a place of business in this state which is accessible
 2209  to the public and keep therein the usual and customary records
 2210  pertaining to transactions under the license. This provision
 2211  does shall not be deemed to prohibit maintenance of such an
 2212  office in the home of the licensee.
 2213         Section 46. Section 626.876, Florida Statutes, is amended
 2214  to read:
 2215         626.876 Exclusive employment; public adjusters, independent
 2216  adjusters.—
 2217         (1) An No individual licensed and appointed as a public
 2218  adjuster may not shall be so employed during the same period by
 2219  more than one public adjuster or public adjuster firm or
 2220  corporation.
 2221         (2) An No individual licensed as an all-lines adjuster and
 2222  appointed as an independent adjuster may not shall be so
 2223  employed during the same period by more than one independent
 2224  adjuster or independent adjuster firm or corporation.
 2225         Section 47. Subsections (5), (6), and (7) of section
 2226  626.927, Florida Statutes, are amended to read:
 2227         626.927 Licensing of surplus lines agent.—
 2228         (5) The applicant must file and thereafter maintain the
 2229  bond as required under s. 626.928.
 2230         (5)(6) Examinations as to surplus lines, as required under
 2231  subsections (1) and (2), are shall be subject to the provisions
 2232  of part I as applicable to applicants for licenses in general.
 2233  No such examination shall be required as to persons who held a
 2234  Florida surplus lines agent’s license as of January 1, 1959,
 2235  except when examinations subsequent to issuance of an initial
 2236  license are provided for in general under part I.
 2237         (6)(7)An Any individual who has been licensed by the
 2238  department as a surplus lines agent as provided in this section
 2239  may be subsequently appointed without additional written
 2240  examination if his or her application for appointment is filed
 2241  with the department within 48 months after next following the
 2242  date of cancellation or expiration of the prior appointment. The
 2243  department may, in its discretion, require an any individual to
 2244  take and successfully pass an examination as for original
 2245  issuance of license as a condition precedent to the
 2246  reinstatement or continuation of the licensee’s current license
 2247  or reinstatement or continuation of the licensee’s appointment.
 2248         Section 48. Section 626.928, Florida Statutes, is repealed.
 2249         Section 49. Section 626.933, Florida Statutes, is amended
 2250  to read:
 2251         626.933 Collection of tax and service fee.—If the tax or
 2252  service fee payable by a surplus lines agent under the this
 2253  Surplus Lines Law is not so paid within the time prescribed, it
 2254  the same shall be recoverable in a suit brought by the
 2255  department against the surplus lines agent and the surety or
 2256  sureties on the bond filed by the surplus lines agent under s.
 2257  626.928. The department may authorize the Florida Surplus Lines
 2258  Service Office to file suit on its behalf. All costs and
 2259  expenses incurred in a suit brought by the office which are not
 2260  recoverable from the agent or surety shall be borne by the
 2261  office.
 2262         Section 50. Subsection (1) of section 626.935, Florida
 2263  Statutes, is amended to read:
 2264         626.935 Suspension, revocation, or refusal of surplus lines
 2265  agent’s license.—
 2266         (1) The department shall deny an application for, suspend,
 2267  revoke, or refuse to renew the appointment of a surplus lines
 2268  agent and all other licenses and appointments held by the
 2269  licensee under this code, on upon any of the following grounds:
 2270         (a) Removal of the licensee’s office from the licensee’s
 2271  state of residence.
 2272         (b) Removal of the accounts and records of his or her
 2273  surplus lines business from this state or the licensee’s state
 2274  of residence during the period when such accounts and records
 2275  are required to be maintained under s. 626.930.
 2276         (c) Closure of the licensee’s office for a period of more
 2277  than 30 consecutive days.
 2278         (d) Failure to make and file his or her affidavit or
 2279  reports when due as required by s. 626.931.
 2280         (e) Failure to pay the tax or service fee on surplus lines
 2281  premiums, as provided for in the this Surplus Lines Law.
 2282         (f) Failure to maintain the bond as required by s. 626.928.
 2283         (f)(g) Suspension, revocation, or refusal to renew or
 2284  continue the license or appointment as a general lines agent,
 2285  service representative, or managing general agent.
 2286         (g)(h) Lack of qualifications as for an original surplus
 2287  lines agent’s license.
 2288         (h)(i) Violation of this Surplus Lines Law.
 2289         (i)(j) For any other applicable cause for which the license
 2290  of a general lines agent could be suspended, revoked, or refused
 2291  under s. 626.611 or s. 626.621.
 2292         Section 51. Paragraph (b) of subsection (1) of section
 2293  627.952, Florida Statutes, is amended to read:
 2294         627.952 Risk retention and purchasing group agents.—
 2295         (1) Any person offering, soliciting, selling, purchasing,
 2296  administering, or otherwise servicing insurance contracts,
 2297  certificates, or agreements for any purchasing group or risk
 2298  retention group to any resident of this state, either directly
 2299  or indirectly, by the use of mail, advertising, or other means
 2300  of communication, shall obtain a license and appointment to act
 2301  as a resident general lines agent, if a resident of this state,
 2302  or a nonresident general lines agent if not a resident. Any such
 2303  person shall be subject to all requirements of the Florida
 2304  Insurance Code.
 2305         (b) Any person required to be licensed and appointed under
 2306  by this subsection, in order to place business through Florida
 2307  eligible surplus lines carriers, must shall, if a resident of
 2308  this state, be licensed and appointed as a surplus lines agent.
 2309  Any such person, If not a resident of this state, such person
 2310  must shall be licensed and appointed as a surplus lines agent in
 2311  her or his state of residence and shall file and thereafter
 2312  maintain a fidelity bond in favor of the people of the State of
 2313  Florida executed by a surety company admitted in this state and
 2314  payable to the State of Florida; provided, however, any
 2315  activities carried out by such nonresident is pursuant to this
 2316  part shall be limited to the provision of insurance for
 2317  purchasing groups. The bond must shall be continuous in form and
 2318  maintained in the amount of not less than $50,000, aggregate
 2319  liability set out in s. 626.928. The bond must shall remain in
 2320  force and effect until the surety is released from liability by
 2321  the department or until the bond is canceled by the surety. The
 2322  surety may cancel the bond and be released from further
 2323  liability thereunder upon 30 days’ prior written notice to the
 2324  department. The cancellation does shall not affect any liability
 2325  incurred or accrued thereunder before the termination of the 30
 2326  day period. Upon receipt of a notice of cancellation, the
 2327  department shall immediately notify the agent.
 2328         Section 52. Subsections (1) and (2) of section 635.051,
 2329  Florida Statutes, are amended to read:
 2330         635.051 Licensing and appointment of mortgage guaranty
 2331  insurance agents.—
 2332         (1) Effective October 1, 2012, a person may not transact
 2333  mortgage guaranty insurance unless licensed and appointed as a
 2334  credit insurance agent in accordance with the applicable
 2335  provisions of the insurance code. Mortgage guaranty licenses
 2336  held by persons on October 1, 2012, shall be transferred to a
 2337  credit insurance agent license. Persons who wish to obtain a new
 2338  license identification card that reflects this change must
 2339  submit the $5 fee as prescribed in s. 624.501(15). Agents of
 2340  mortgage guaranty insurers shall be licensed and appointed and
 2341  shall be subject to the same qualifications and requirements
 2342  applicable to general lines agents under the laws of this state,
 2343  except that:
 2344         (a) Particular preliminary specialized education or
 2345  training is not required of an applicant for such an agent’s
 2346  license, and continuing education is not required for renewal of
 2347  the agent’s appointment if, as part of the application for
 2348  license and appointment, the insurer guarantees that the
 2349  applicant will receive the necessary training to enable him or
 2350  her properly to hold himself or herself out to the public as a
 2351  mortgage guaranty insurance agent and if the department, in its
 2352  discretion, accepts such guaranty;
 2353         (b) The agent’s license and appointment shall be a limited
 2354  license, limited to the handling of mortgage guaranty insurance
 2355  only; and
 2356         (c) An examination may be required of an applicant for such
 2357  a license if the insurer fails to provide the guaranty described
 2358  in paragraph (a).
 2359         (2) Any general lines agent licensed under chapter 626 is
 2360  qualified to represent a mortgage guaranty insurer without
 2361  additional licensure examination.
 2362         Section 53. Subsection (1) of section 648.34, Florida
 2363  Statutes, is amended to read
 2364         648.34 Bail bond agents; qualifications.—
 2365         (1) An application for licensure as a bail bond agent must
 2366  be submitted on forms prescribed by the department. The
 2367  application must include the applicant’s full name, date of
 2368  birth, social security number, residence address, business
 2369  address, mailing address, contact telephone numbers, including a
 2370  business telephone number and e-mail address.
 2371         Section 54. Subsection (2) of section 648.38, Florida
 2372  Statutes, is amended to read:
 2373         648.38 Licensure examination for bail bond agents; time;
 2374  place; fees; scope.—
 2375         (2) The department or a person designated by the department
 2376  shall provide mail written notice of the time and place of the
 2377  examination to each applicant for licensure required to take an
 2378  examination who will be eligible to take the examination as of
 2379  the examination date. The notice shall be e-mailed so mailed,
 2380  postage prepaid, and addressed to the applicant at the e-mail
 2381  his or her address shown on his or her application for licensure
 2382  or at such other address as requested by the applicant in
 2383  writing filed with the department prior to the mailing of the
 2384  notice. Notice shall be deemed given when so mailed.
 2385         Section 55. Section 648.385, Florida Statutes, is amended
 2386  to read:
 2387         648.385 Continuing education required; application;
 2388  exceptions; requirements; penalties.—
 2389         (1) The purpose of this section is to establish
 2390  requirements and standards for continuing education courses for
 2391  persons authorized to write bail bonds in this state.
 2392         (2)(a) Each person subject to the provisions of this
 2393  chapter must complete a minimum of 14 hours of continuing
 2394  education courses every 2 years as specified in s. 626.2815 in
 2395  courses approved by the department. Compliance with continuing
 2396  education requirements is a condition precedent to the issuance,
 2397  continuation, or renewal of any appointment subject to the
 2398  provisions of this chapter.
 2399         (b) A person teaching any approved course of instruction or
 2400  lecturing at any approved seminar and attending the entire
 2401  course or seminar shall qualify for the same number of classroom
 2402  hours as would be granted to a person taking and successfully
 2403  completing such course, seminar, or program. Credit shall be
 2404  limited to the number of hours actually taught unless a person
 2405  attends the entire course or seminar.
 2406         (c) For good cause shown, the department may grant an
 2407  extension of time during which the requirements imposed by this
 2408  section may be completed, but such extension of time may not
 2409  exceed 1 year.
 2410         (3)(a) Any bail-related course developed or sponsored by
 2411  any authorized insurer or recognized bail bond agents’
 2412  association, or any independent study program of instruction,
 2413  subject to approval by the department, qualifies for the
 2414  equivalency of the number of classroom hours assigned to such
 2415  course by the department. However, unless otherwise provided in
 2416  this section, continuing education credit may not be credited
 2417  toward meeting the requirements of this section unless the
 2418  course is provided by classroom instruction or results in a
 2419  monitored examination.
 2420         (b) Each person or entity sponsoring a course for
 2421  continuing education credit must furnish, within 30 days after
 2422  completion of the course, in a form satisfactory to the
 2423  department or its designee, a written and certified roster
 2424  showing the name and license number of all persons successfully
 2425  completing such course and requesting credit, accompanied by the
 2426  required fee. The department shall refuse to issue, continue, or
 2427  renew the appointment of any bail bond agent who has not had the
 2428  continuing education requirements certified unless the agent has
 2429  been granted an extension by the department.
 2430         Section 56. Section 648.421, Florida Statutes, is amended
 2431  to read
 2432         648.421 Notice of change of address or telephone number.
 2433  Each licensee under this chapter must shall notify, in writing,
 2434  the department, insurer, managing general agent, and the clerk
 2435  of each court in which the licensee is registered within 10
 2436  working days after a change in the licensee’s principal business
 2437  address or telephone number. The licensee must shall also notify
 2438  the department within 10 working days after a change of the
 2439  name, address, or telephone number of each agency or firm for
 2440  which he or she writes bonds and any change in the licensee’s
 2441  name, home address, e-mail address, or telephone number.
 2442         Section 57. Subsection (1) of section 903.27, Florida
 2443  Statutes, is amended to read:
 2444         903.27 Forfeiture to judgment.—
 2445         (1) If the forfeiture is not paid or discharged by court
 2446  order of a court of competent jurisdiction within 60 days and
 2447  the bond is secured other than by money and bonds authorized
 2448  under in s. 903.16, the clerk of the circuit court for the
 2449  county where the order was made shall enter a judgment against
 2450  the surety for the amount of the penalty and issue execution.
 2451  However, if in any case in which the bond forfeiture has been
 2452  discharged by the court of competent jurisdiction conditioned
 2453  upon the payment by the surety of certain costs or fees as
 2454  allowed by statute, the amount for which judgment may be entered
 2455  may not exceed the amount of the unpaid fees or costs upon which
 2456  the discharge had been conditioned. Judgment for the full amount
 2457  of the forfeiture may shall not be entered if payment of a
 2458  lesser amount will satisfy the conditions to discharge the
 2459  forfeiture. Within 10 days, the clerk shall furnish the
 2460  Department of Financial Services and the Office of Insurance
 2461  Regulation of the Financial Services Commission with a certified
 2462  copy of the judgment docket and shall furnish the surety company
 2463  at its home office a copy of the judgment at its home office,
 2464  which includes shall include the power of attorney number of the
 2465  bond and the name of the executing agent. If the judgment is not
 2466  paid within 60 35 days, the clerk shall furnish the Department
 2467  of Financial Services, the Office of Insurance Regulation, and
 2468  the sheriff of the county in which the bond was executed, or the
 2469  official responsible for operation of the county jail, if other
 2470  than the sheriff, two certified copies of the transcript of the
 2471  docket of the judgment and a certificate stating that the
 2472  judgment remains unsatisfied. When and If the judgment is
 2473  properly paid or a court an order to vacate the judgment has
 2474  been entered by a court of competent jurisdiction, the clerk
 2475  shall immediately notify the sheriff, or the official
 2476  responsible for the operation of the county jail, if other than
 2477  the sheriff, and the Department of Financial Services and the
 2478  Office of Insurance Regulation, if the department and office had
 2479  been previously notified of nonpayment, of such payment or order
 2480  to vacate the judgment. The clerk shall also immediately prepare
 2481  and record in the public records a satisfaction of the judgment
 2482  or record the order to vacate judgment. If the defendant is
 2483  returned to the county of jurisdiction of the court and,
 2484  whenever a motion to set aside the judgment is filed, the
 2485  operation of this section is tolled until the court makes a
 2486  disposition of the motion.
 2487         Section 58. Except as otherwise expressly provided in this
 2488  act, this act shall take effect October 1, 2012.