ENROLLED 2023 Legislature CS for CS for SB 312 2023312er 1 2 An act relating to insurance; amending s. 626.7851, 3 F.S.; revising a minimum coursework qualification for 4 licensure as a life agent; amending s. 626.9541, F.S.; 5 providing that certain restrictions against unfair 6 discrimination or unlawful rebates do not include 7 value-added products or services offered or provided 8 by life or health insurers or by life or health agents 9 if certain conditions are met; providing requirements 10 for and restrictions on such insurers or agents 11 offering or providing such products or services; 12 authorizing such insurers or agents to provide such 13 products or services as part of a pilot or testing 14 program under certain circumstances; authorizing the 15 Financial Services Commission to adopt rules; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 626.7851, Florida Statutes, is amended 21 to read: 22 626.7851 Requirement as to knowledge, experience, or 23 instruction.—An applicant for a license as a life agent, except 24 for a chartered life underwriter (CLU), shall not be qualified 25 or licensed unless within the 4 years immediately preceding the 26 date the application for a license is filed with the department 27 he or she has: 28 (1) Successfully completed 3040hours of coursework in 29 life insurance, annuities, and variable contracts approved by 30 the department, 3 hours of which shall be on the subject matter 31 of ethics. Courses must include instruction on the subject 32 matter of unauthorized entities engaging in the business of 33 insurance; 34 (2) Successfully completed a minimum of 60 hours of 35 coursework in multiple areas of insurance, which included life 36 insurance, annuities, and variable contracts, approved by the 37 department, 3 hours of which shall be on the subject matter of 38 ethics. Courses must include instruction on the subject matter 39 of unauthorized entities engaging in the business of insurance; 40 (3) Earned or maintained an active designation as Chartered 41 Financial Consultant (ChFC) from the American College of 42 Financial Services; or Fellow, Life Management Institute (FLMI) 43 from the Life Management Institute; 44 (4) Held an active license in life insurance in another 45 state. This provision may not be used unless the other state 46 grants reciprocal treatment to licensees formerly licensed in 47 the state; or 48 (5) Been employed by the department or office for at least 49 1 year, full time in life insurance regulatory matters and who 50 was not terminated for cause, and application for examination is 51 made within 4 years after the date of termination of his or her 52 employment with the department or office. 53 54 Prelicensure coursework is not required for an applicant who is 55 a member or veteran of the United States Armed Forces or the 56 spouse of such a member or veteran. A qualified individual must 57 provide a copy of a military identification card, military 58 dependent identification card, military service record, military 59 personnel file, veteran record, discharge paper, or separation 60 document that indicates such member is currently in good 61 standing or such veteran is honorably discharged. 62 Section 2. Paragraph (h) of subsection (1) of section 63 626.9541, Florida Statutes, is amended to read: 64 626.9541 Unfair methods of competition and unfair or 65 deceptive acts or practices defined.— 66 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 67 ACTS.—The following are defined as unfair methods of competition 68 and unfair or deceptive acts or practices: 69 (h) Unlawful rebates.— 70 1. Except as otherwise expressly provided by law, or in an 71 applicable filing with the office, knowingly: 72 a. Permitting, or offering to make, or making, any contract 73 or agreement as to such contract other than as plainly expressed 74 in the insurance contract issued thereon; 75 b. Paying, allowing, or giving, or offering to pay, allow, 76 or give, directly or indirectly, as inducement to such insurance 77 contract, any unlawful rebate of premiums payable on the 78 contract, any special favor or advantage in the dividends or 79 other benefits thereon, or any valuable consideration or 80 inducement whatever not specified in the contract; 81 c. Giving, selling, or purchasing, or offering to give, 82 sell, or purchase, as inducement to such insurance contract or 83 in connection therewith, any stocks, bonds, or other securities 84 of any insurance company or other corporation, association, or 85 partnership, or any dividends or profits accrued thereon, or 86 anything of value whatsoever not specified in the insurance 87 contract. 88 2. Nothing in paragraph (g) or subparagraph 1. of this 89 paragraph shall be construed as including within the definition 90 of discrimination or unlawful rebates: 91 a. In the case of any contract of life insurance or life 92 annuity, paying bonuses to all policyholders or otherwise 93 abating their premiums in whole or in part out of surplus 94 accumulated from nonparticipating insurance; provided that any 95 such bonuses or abatement of premiums is fair and equitable to 96 all policyholders and for the best interests of the company and 97 its policyholders. 98 b. In the case of life insurance policies issued on the 99 industrial debit plan, making allowance to policyholders who 100 have continuously for a specified period made premium payments 101 directly to an office of the insurer in an amount which fairly 102 represents the saving in collection expenses. 103 c. Readjustment of the rate of premium for a group 104 insurance policy based on the loss or expense thereunder, at the 105 end of the first or any subsequent policy year of insurance 106 thereunder, which may be made retroactive only for such policy 107 year. 108 d. Issuance of life insurance policies or annuity contracts 109 at rates less than the usual rates of premiums for such policies 110 or contracts, as group insurance or employee insurance as 111 defined in this code. 112 e. Issuing life or disability insurance policies on a 113 salary savings, bank draft, preauthorized check, payroll 114 deduction, or other similar plan at a reduced rate reasonably 115 related to the savings made by the use of such plan. 116 3.a. No title insurer, or any member, employee, attorney, 117 agent, or agency thereof, shall pay, allow, or give, or offer to 118 pay, allow, or give, directly or indirectly, as inducement to 119 title insurance, or after such insurance has been effected, any 120 rebate or abatement of the premium or any other charge or fee, 121 or provide any special favor or advantage, or any monetary 122 consideration or inducement whatever. 123 b. Nothing in this subparagraph shall be construed as 124 prohibiting the payment of fees to attorneys at law duly 125 licensed to practice law in the courts of this state, for 126 professional services, or as prohibiting the payment of earned 127 portions of the premium to duly appointed agents or agencies who 128 actually perform services for the title insurer. Nothing in this 129 subparagraph shall be construed as prohibiting a rebate or 130 abatement of an attorney fee charged for professional services, 131 or that portion of the premium that is not required to be 132 retained by the insurer pursuant to s. 627.782(1), or any other 133 agent charge or fee to the person responsible for paying the 134 premium, charge, or fee. 135 c. No insured named in a policy, or any other person 136 directly or indirectly connected with the transaction involving 137 the issuance of such policy, including, but not limited to, any 138 mortgage broker, real estate broker, builder, or attorney, any 139 employee, agent, agency, or representative thereof, or any other 140 person whatsoever, shall knowingly receive or accept, directly 141 or indirectly, any rebate or abatement of any portion of the 142 title insurance premium or of any other charge or fee or any 143 monetary consideration or inducement whatsoever, except as set 144 forth in sub-subparagraph b.; provided, in no event shall any 145 portion of the attorney fee, any portion of the premium that is 146 not required to be retained by the insurer pursuant to s. 147 627.782(1), any agent charge or fee, or any other monetary 148 consideration or inducement be paid directly or indirectly for 149 the referral of title insurance business. 150 4.a. Paragraph (g) or subparagraph 1. may not be construed 151 as including within the definition of unfair discrimination or 152 unlawful rebates the offer or provision by a life or health 153 insurer or a life or health agent of the life or health insurer, 154 including by or through an employee, an affiliate, or a third 155 party representative, of a value-added product or service at no 156 or reduced cost when such product or service is not specified in 157 the life or health insurance policy, if the product or service 158 relates to the insurance coverage and is primarily designed to 159 do one or more of the following: 160 (I) Provide loss mitigation or loss control; 161 (II) Reduce claim costs or claim settlement costs; 162 (III) Provide education about liability risks or risk of 163 loss to persons or property; 164 (IV) Monitor or assess risk, identify sources of risk, or 165 develop strategies for eliminating or reducing risk; 166 (V) Enhance health; 167 (VI) Enhance financial wellness through items such as 168 education or financial planning services; 169 (VII) Provide post-loss services; 170 (VIII) Incentivize behavioral changes to improve the health 171 or reduce the risk of death or disability of a policyholder, 172 potential policyholder, certificateholder, potential 173 certificateholder, insured, potential insured, or applicant; or 174 (IX) Assist in the administration of employee or retiree 175 benefit insurance coverage. 176 b. The cost to the life or health insurer or life or health 177 agent offering the product or service to a customer must be 178 reasonable in comparison to the customer’s premiums or life or 179 health insurance coverage for the policy class. 180 c. If the life or health insurer or life or health agent is 181 providing the product or service, the life or health insurer or 182 life or health agent must ensure that the customer is provided 183 with contact information to assist the customer with questions 184 regarding the product or service. 185 d. The availability of the product or service must be based 186 on documented objective evidence, and the product or service 187 must be offered in a manner that is not unfairly discriminatory. 188 The documented evidence must be maintained by the life or health 189 insurer or life or health agent and produced upon request by the 190 office or the department. 191 e. If a life or health insurer or life or health agent has 192 a good faith belief, but does not have sufficient evidence to 193 demonstrate, that the product or service meets any of the 194 criteria in sub-sub-subparagraphs a.(I)-(IX), the life or health 195 insurer or life or health agent may provide the product or 196 service in a manner that is not unfairly discriminatory as part 197 of a pilot or testing program for up to 1 year. The life or 198 health insurer or life or health agent must notify the office or 199 department, as applicable, of such pilot or testing program 200 offered to consumers in this state before commencing the 201 program. The life or health insurer or life or health agent may 202 commence the program unless the office or department, as 203 applicable, objects to the program within 21 days after 204 receiving the notice. 205 f. A life or health insurer, life or health agent, or 206 representative thereof may not offer or provide life or health 207 insurance as an inducement to the purchase of another policy or 208 otherwise use the words “free,” “no cost,” or similar words in 209 an advertisement. 210 g. The commission may adopt rules to administer this 211 subparagraph to ensure consumer protection. Such rules, 212 consistent with applicable law, may address, among other issues, 213 consumer data protections and privacy, consumer disclosure, and 214 unfair discrimination. 215 Section 3. This act shall take effect July 1, 2023.