Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1210
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2014           .                                

    1         Senate Amendment 
    3         Delete lines 282 - 343
    4  and insert:
    5         Section 7. Paragraph (b) of subsection (1) of section
    6  626.112, Florida Statutes, is amended to read:
    7         626.112 License and appointment required; agents, customer
    8  representatives, adjusters, insurance agencies, service
    9  representatives, managing general agents.—
   10         (1)
   11         (b) Except as provided in subsection (6) or in applicable
   12  department rules, and in addition to other conduct described in
   13  this chapter with respect to particular types of agents, a
   14  license as an insurance agent, service representative, customer
   15  representative, or limited customer representative is required
   16  in order to engage in the solicitation of insurance. Effective
   17  October 1, 2014, new limited customer representative licenses
   18  may not be issued. For purposes of this requirement, as
   19  applicable to any of the license types described in this
   20  section, the solicitation of insurance is the attempt to
   21  persuade any person to purchase an insurance product by:
   22         1. Describing the benefits or terms of insurance coverage,
   23  including premiums or rates of return;
   24         2. Distributing an invitation to contract to prospective
   25  purchasers;
   26         3. Making general or specific recommendations as to
   27  insurance products;
   28         4. Completing orders or applications for insurance
   29  products;
   30         5. Comparing insurance products, advising as to insurance
   31  matters, or interpreting policies or coverages; or
   32         6. Offering or attempting to negotiate on behalf of another
   33  person a viatical settlement contract as defined in s. 626.9911.
   35         However, an employee leasing company licensed under
   36  pursuant to chapter 468 which is seeking to enter into a
   37  contract with an employer that identifies products and services
   38  offered to employees may deliver proposals for the purchase of
   39  employee leasing services to prospective clients of the employee
   40  leasing company setting forth the terms and conditions of doing
   41  business; classify employees as permitted by s. 468.529; collect
   42  information from prospective clients and other sources as
   43  necessary to perform due diligence on the prospective client and
   44  to prepare a proposal for services; provide and receive
   45  enrollment forms, plans, and other documents; and discuss or
   46  explain in general terms the conditions, limitations, options,
   47  or exclusions of insurance benefit plans available to the client
   48  or employees of the employee leasing company were the client to
   49  contract with the employee leasing company. Any advertising
   50  materials or other documents describing specific insurance
   51  coverages must identify and be from a licensed insurer or its
   52  licensed agent or a licensed and appointed agent employed by the
   53  employee leasing company. The employee leasing company may not
   54  advise or inform the prospective business client or individual
   55  employees of specific coverage provisions, exclusions, or
   56  limitations of particular plans. As to clients for which the
   57  employee leasing company is providing services pursuant to s.
   58  468.525(4), the employee leasing company may engage in
   59  activities permitted by ss. 626.7315, 626.7845, and 626.8305,
   60  subject to the restrictions specified in those sections. If a
   61  prospective client requests more specific information concerning
   62  the insurance provided by the employee leasing company, the
   63  employee leasing company must refer the prospective business
   64  client to the insurer or its licensed agent or to a licensed and
   65  appointed agent employed by the employee leasing company.
   66         Section 8. Effective January 1, 2015, subsection (7) of
   67  section 626.112, Florida Statutes, is amended to read:
   68         626.112 License and appointment required; agents, customer
   69  representatives, adjusters, insurance agencies, service
   70  representatives, managing general agents.—