Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1452
       
       
       
       
       
       
                                Ì466478ZÎ466478                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/04/2026           .                                
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       The Committee on Banking and Insurance (Truenow) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 889 - 1280
    4  and insert:
    5         Section 9. Subsection (3) of section 626.0428, Florida
    6  Statutes, is amended to read:
    7         626.0428 Agency personnel powers, duties, and limitations.—
    8         (3) An employee or an authorized representative located at
    9  a designated branch of an agent or agency may not initiate
   10  contact with any person for the purpose of soliciting insurance
   11  unless licensed and appointed as an agent or customer
   12  representative. As to title insurance, an employee of an agent
   13  or agency may not initiate contact with any individual proposed
   14  insured for the purpose of soliciting title insurance unless
   15  licensed as a title insurance agent or exempt from such
   16  licensure pursuant to s. 626.8417(4) and (5).
   17         Section 10. Section 626.171, Florida Statutes, is amended
   18  to read:
   19         626.171 Application for license as an agent, customer
   20  representative, adjuster, or service representative, or
   21  reinsurance intermediary.—
   22         (1) The department may not issue a license as agent,
   23  customer representative, adjuster, or service representative, or
   24  reinsurance intermediary to any person except upon written
   25  application filed with the department, meeting the
   26  qualifications for the license applied for as determined by the
   27  department, and payment in advance of all applicable fees. The
   28  application must be made under the oath of the applicant and be
   29  signed by the applicant. An applicant may permit a third party
   30  to complete, submit, and sign an application on the applicant’s
   31  behalf, but is responsible for ensuring that the information on
   32  the application is true and correct and is accountable for any
   33  misstatements or misrepresentations. The department shall accept
   34  the uniform application for resident and nonresident agent and
   35  adjuster licensing. The department may adopt revised versions of
   36  the uniform application by rule.
   37         (2) In the application, the applicant must include all of
   38  the following shall set forth:
   39         (a) The applicant’s His or her full name, age, social
   40  security number, residence address, business address, mailing
   41  address, contact telephone numbers, including a business
   42  telephone number, and e-mail address.
   43         (b) A statement indicating the method the applicant used or
   44  is using to meet any required prelicensing education, knowledge,
   45  experience, or instructional requirements for the type of
   46  license applied for.
   47         (c) Whether the applicant he or she has been refused or has
   48  voluntarily surrendered or has had suspended or revoked a
   49  license to solicit insurance by the department or by the
   50  supervising officials of any state.
   51         (d) Whether any insurer or any managing general agent
   52  claims the applicant is indebted under any agency contract or
   53  otherwise and, if so, the name of the claimant, the nature of
   54  the claim, and the applicant’s defense thereto, if any.
   55         (e) Proof that the applicant meets the requirements for the
   56  type of license for which he or she is applying.
   57         (f) The applicant’s gender (male or female).
   58         (g) The applicant’s native language.
   59         (h) The highest level of education achieved by the
   60  applicant.
   61         (i) The applicant’s race or ethnicity (African American,
   62  white, American Indian, Asian, Hispanic, or other).
   63         (j) Such other or additional information as the department
   64  may deem proper to enable it to determine the character,
   65  experience, ability, and other qualifications of the applicant
   66  to hold himself or herself out to the public as an insurance
   67  representative.
   68  
   69  However, the application must contain a statement that an
   70  applicant is not required to disclose his or her race or
   71  ethnicity, gender, or native language, that he or she will not
   72  be penalized for not doing so, and that the department will use
   73  this information exclusively for research and statistical
   74  purposes and to improve the quality and fairness of the
   75  examinations. The department may shall make provisions for
   76  applicants to voluntarily submit their cellular telephone
   77  numbers as part of the application process solely on a voluntary
   78  basis only for the purpose of two-factor authentication of
   79  secure login credentials only.
   80         (3) Each application must be accompanied by payment of any
   81  applicable fee.
   82         (4) An applicant for a license issued by the department
   83  under this chapter must submit a set of the individual
   84  applicant’s fingerprints, or, if the applicant is not an
   85  individual, a set of the fingerprints of the sole proprietor,
   86  majority owner, partners, officers, and directors, to the
   87  department and must pay the fingerprint processing fee set forth
   88  in s. 624.501. Fingerprints must be processed in accordance with
   89  s. 624.34 and used to investigate the applicant’s qualifications
   90  pursuant to s. 626.201. The fingerprints must be taken by a law
   91  enforcement agency or other department-approved entity. The
   92  department may not approve an application for licensure as an
   93  agent, customer service representative, adjuster, or service
   94  representative, or reinsurance intermediary if fingerprints have
   95  not been submitted.
   96         (5) The application for license filing fee prescribed in s.
   97  624.501 is not subject to refund.
   98         (6) Members of the United States Armed Forces and their
   99  spouses, and veterans of the United States Armed Forces who have
  100  separated from service within 24 months before application for
  101  licensure, are exempt from the application filing fee prescribed
  102  in s. 624.501. Qualified individuals must provide a copy of a
  103  military identification card, military dependent identification
  104  card, military service record, military personnel file, veteran
  105  record, discharge paper or separation document that indicates
  106  such members are currently in good standing or such veterans
  107  were honorably discharged.
  108         (7) Pursuant to the federal Personal Responsibility and
  109  Work Opportunity Reconciliation Act of 1996, each party is
  110  required to provide his or her social security number in
  111  accordance with this section. Disclosure of social security
  112  numbers obtained through this requirement must be limited to the
  113  purpose of administration of the Title IV-D program for child
  114  support enforcement.
  115         Section 11. Paragraph (c) of subsection (2) of section
  116  626.292, Florida Statutes, is amended to read:
  117         626.292 Transfer of license from another state.—
  118         (2) To qualify for a license transfer, an individual
  119  applicant must meet the following requirements:
  120         (c) The individual must submit a completed application for
  121  this state which is received by the department within 90 days
  122  after the date the individual became a resident of this state,
  123  along with payment of the applicable fees set forth in s.
  124  624.501 and submission of the following documents:
  125         1. A certification issued by the appropriate official of
  126  the applicant’s home state identifying the type of license and
  127  lines of authority under the license and stating that, at the
  128  time the license from the home state was canceled, the applicant
  129  was in good standing in that state or that the state’s Producer
  130  Database records, maintained by the National Association of
  131  Insurance Commissioners, its affiliates, or subsidiaries,
  132  indicate that the agent or all-lines adjuster is or was licensed
  133  in good standing for the line of authority requested. An
  134  applicant may hold a resident license in another state for 30
  135  days after the Florida resident license has been issued to
  136  facilitate the transfer of licensure between states.
  137         2. A set of the applicant’s fingerprints in accordance with
  138  s. 626.171(4).
  139         Section 12. Subsection (1) of section 626.611, Florida
  140  Statutes, is amended to read:
  141         626.611 Grounds for compulsory refusal, suspension, or
  142  revocation of agent’s, title agency’s, adjuster’s, customer
  143  representative’s, service representative’s, or managing general
  144  agent’s license or appointment.—
  145         (1) The department shall require license reexamination,
  146  deny an application for, suspend, revoke, or refuse to renew or
  147  continue the license or appointment of any applicant, agent,
  148  title agency, adjuster, customer representative, service
  149  representative, or managing general agent, and it shall suspend
  150  or revoke the eligibility to hold a license or appointment of
  151  any such person, if it finds that as to the applicant, licensee,
  152  or appointee any one or more of the following applicable grounds
  153  exist:
  154         (a) Lack of one or more of the qualifications for the
  155  license or appointment as specified in this code.
  156         (b) Material misstatement, misrepresentation, or fraud in
  157  obtaining the license or appointment or in attempting to obtain
  158  the license or appointment.
  159         (c) Failure to pass to the satisfaction of the department
  160  any examination required under this code, including cheating on
  161  an examination required for licensure or violating test center
  162  or examination procedures delivered orally, in writing, or
  163  electronically at the test site by authorized representatives of
  164  the examination program administrator.
  165         (d) If the license or appointment is willfully used, or to
  166  be used, to circumvent any of the requirements or prohibitions
  167  of this code.
  168         (e) Willful misrepresentation of any insurance policy or
  169  annuity contract or willful deception with regard to any such
  170  policy or contract, done either in person or by any form of
  171  dissemination of information or advertising.
  172         (f) If, as an adjuster, or agent licensed and appointed to
  173  adjust claims under this code, he or she has materially
  174  misrepresented to an insured or other interested party the terms
  175  and coverage of an insurance contract with intent and for the
  176  purpose of effecting settlement of claim for loss or damage or
  177  benefit under such contract on less favorable terms than those
  178  provided in and contemplated by the contract.
  179         (g) Demonstrated lack of fitness or trustworthiness to
  180  engage in the business of insurance.
  181         (h) Demonstrated lack of reasonably adequate knowledge and
  182  technical competence to engage in the transactions authorized by
  183  the license or appointment.
  184         (i) Fraudulent or dishonest practices in the conduct of
  185  business under the license or appointment.
  186         (j) Misappropriation, conversion, or unlawful withholding
  187  of moneys belonging to insurers or insureds or beneficiaries or
  188  to others and received in conduct of business under the license
  189  or appointment.
  190         (k) Unlawfully rebating, attempting to unlawfully rebate,
  191  or unlawfully dividing or offering to divide his or her
  192  commission with another.
  193         (l) Having obtained or attempted to obtain, or having used
  194  or using, a license or appointment as agent or customer
  195  representative for the purpose of soliciting or handling
  196  “controlled business” as defined in s. 626.730 with respect to
  197  general lines agents, s. 626.784 with respect to life agents,
  198  and s. 626.830 with respect to health agents.
  199         (m) Willful failure to comply with, or willful violation
  200  of, any proper order or rule of the department or willful
  201  violation of any provision of this code.
  202         (n) Having been found guilty of or having pleaded guilty or
  203  nolo contendere to a misdemeanor directly related to the
  204  financial services business, any felony, or any crime punishable
  205  by imprisonment of 1 year or more under the law of the United
  206  States of America or of any state thereof or under the law of
  207  any other country, without regard to whether a judgment of
  208  conviction has been entered by the court having jurisdiction of
  209  such cases.
  210         (o) Fraudulent or dishonest practice in submitting or
  211  aiding or abetting any person in the submission of an
  212  application for workers’ compensation coverage under chapter 440
  213  containing false or misleading information as to employee
  214  payroll or classification for the purpose of avoiding or
  215  reducing the amount of premium due for such coverage.
  216         (p) Sale of an unregistered security that was required to
  217  be registered, pursuant to chapter 517.
  218         (q) In transactions related to viatical settlement
  219  contracts as defined in s. 626.9911:
  220         1. Commission of a fraudulent or dishonest act.
  221         2. No longer meeting the requirements for initial
  222  licensure.
  223         3. Having received a fee, commission, or other valuable
  224  consideration for his or her services with respect to viatical
  225  settlements that involved unlicensed viatical settlement
  226  providers or persons who offered or attempted to negotiate on
  227  behalf of another person a viatical settlement contract as
  228  defined in s. 626.9911 and who were not licensed life agents.
  229         4. Dealing in bad faith with viators.
  230         Section 13. Section 626.621, Florida Statutes, is amended
  231  to read:
  232         626.621 Grounds for discretionary refusal, suspension, or
  233  revocation of agent’s, adjuster’s, customer representative’s,
  234  service representative’s, or managing general agent’s license or
  235  appointment.—The department may, in its discretion, require a
  236  license reexamination, deny an application for, suspend, revoke,
  237  or refuse to renew or continue the license or appointment of any
  238  applicant, agent, adjuster, customer representative, service
  239  representative, or managing general agent, and it may suspend or
  240  revoke the eligibility to hold a license or appointment of any
  241  such person, if it finds that as to the applicant, licensee, or
  242  appointee any one or more of the following applicable grounds
  243  exist under circumstances for which such denial, suspension,
  244  revocation, or refusal is not mandatory under s. 626.611:
  245         (1) Any cause for which issuance of the license or
  246  appointment could have been refused had it then existed and been
  247  known to the department.
  248         (2) Violation of any provision of this code or of any other
  249  law applicable to the business of insurance in the course of
  250  dealing under the license or appointment.
  251         (3) Violation of any lawful order or rule of the
  252  department, commission, or office.
  253         (4) Failure or refusal, upon demand, to pay over to any
  254  insurer he or she represents or has represented any money coming
  255  into his or her hands belonging to the insurer.
  256         (5) Violation of the provision against twisting, as defined
  257  in s. 626.9541(1)(l).
  258         (6) In the conduct of business under the license or
  259  appointment, engaging in unfair methods of competition or in
  260  unfair or deceptive acts or practices, as prohibited under part
  261  IX of this chapter, or having otherwise shown himself or herself
  262  to be a source of injury or loss to the public.
  263         (7) Willful overinsurance of any property or health
  264  insurance risk.
  265         (8) If a life agent, violation of the code of ethics.
  266         (9) Cheating on an examination required for licensure or
  267  violating test center or examination procedures published
  268  orally, in writing, or electronically at the test site by
  269  authorized representatives of the examination program
  270  administrator. Communication of test center and examination
  271  procedures must be clearly established and documented.
  272         (10) Failure to inform the department in writing within 30
  273  days after pleading guilty or nolo contendere to, or being
  274  convicted or found guilty of, any felony or a crime punishable
  275  by imprisonment of 1 year or more under the law of the United
  276  States or of any state thereof, or under the law of any other
  277  country without regard to whether a judgment of conviction has
  278  been entered by the court having jurisdiction of the case.
  279         (11) Knowingly aiding, assisting, procuring, advising, or
  280  abetting any person in the violation of or to violate a
  281  provision of the insurance code or any order or rule of the
  282  department, commission, or office.
  283         (12) Has been the subject of or has had a license, permit,
  284  appointment, registration, or other authority to conduct
  285  business subject to any decision, finding, injunction,
  286  suspension, prohibition, revocation, denial, judgment, final
  287  agency action, or administrative order by any court of competent
  288  jurisdiction, administrative law proceeding, state agency,
  289  federal agency, national securities, commodities, or option
  290  exchange, or national securities, commodities, or option
  291  association involving a violation of any federal or state
  292  securities or commodities law or any rule or regulation adopted
  293  thereunder, or a violation of any rule or regulation of any
  294  national securities, commodities, or options exchange or
  295  national securities, commodities, or options association.
  296         (13) Failure to comply with any civil, criminal, or
  297  administrative action taken by the child support enforcement
  298  program under Title IV-D of the Social Security Act, 42 U.S.C.
  299  ss. 651 et seq., to determine paternity or to establish, modify,
  300  enforce, or collect support.
  301         (14) Directly or indirectly accepting any compensation,
  302  inducement, or reward from an inspector for the referral of the
  303  owner of the inspected property to the inspector or inspection
  304  company. This prohibition applies to an inspection intended for
  305  submission to an insurer in order to obtain property insurance
  306  coverage or establish the applicable property insurance premium.
  307         (15) Denial, suspension, or revocation of, or any other
  308  adverse administrative action against, a license to practice or
  309  conduct any regulated profession, business, or vocation by this
  310  state, any other state, any nation, any possession or district
  311  of the United States, any court, or any lawful agency thereof.
  312         (16) Taking an action that allows the personal financial or
  313  medical information of a consumer or customer to be made
  314  available or accessible to the general public, regardless of the
  315  format in which the record is stored.
  316         (17) Initiating in-person or telephone solicitation after 9
  317  p.m. or before 8 a.m. local time of the prospective customer
  318  unless requested by the prospective customer.
  319         (18) Cancellation of the applicant’s, licensee’s, or
  320  appointee’s resident license in a state other than Florida.
  321         Section 14. Subsection (1) of section 626.731, Florida
  322  Statutes, is amended to read:
  323         626.731 Qualifications for general lines agent’s license.—
  324         (1) The department may shall not grant or issue a license
  325  as general lines agent to any individual found by it to be
  326  untrustworthy or incompetent or who does not meet each all of
  327  the following qualifications:
  328         (a) The applicant is a natural person at least 18 years of
  329  age.
  330         (b) The applicant is a United States citizen or legal alien
  331  who possesses work authorization from the United States Bureau
  332  of Citizenship and Immigration Services and is a bona fide
  333  resident of this state. An individual who is a bona fide
  334  resident of this state shall be deemed to meet the residence
  335  requirement of this paragraph, notwithstanding the existence at
  336  the time of application for license of a license in his or her
  337  name on the records of another state as a resident licensee of
  338  such other state, if the applicant furnishes a letter of
  339  clearance satisfactory to the department that the resident
  340  licenses have been canceled or changed to a nonresident basis
  341  and that he or she is in good standing.
  342         (c) The applicant’s place of business will be located in
  343  this state and he or she will be actively engaged in the
  344  business of insurance and will maintain a place of business, the
  345  location of which is identifiable by and accessible to the
  346  public.
  347         (d) The license is not being sought for the purpose of
  348  writing or handling controlled business, in violation of s.
  349  626.730.
  350         (e) The applicant is qualified as to knowledge, experience,
  351  or instruction in the business of insurance and meets the
  352  requirements provided in s. 626.732.
  353         (f) The applicant has passed any required examination for
  354  license required under s. 626.221.
  355         Section 15. Subsection (2) of section 626.785, Florida
  356  Statutes, is amended to read:
  357         626.785 Qualifications for license.—
  358         (2) An individual who is a bona fide resident of this state
  359  shall be deemed to meet the residence requirement of paragraph
  360  (1)(b), notwithstanding the existence at the time of application
  361  for license of a license in his or her name on the records of
  362  another state as a resident licensee of such other state, if the
  363  applicant furnishes a letter of clearance satisfactory to the
  364  department that the resident licenses have been canceled or
  365  changed to a nonresident basis and that he or she is in good
  366  standing.
  367         Section 16. Section 626.831, Florida Statutes, is amended
  368  to read:
  369         626.831 Qualifications for license.—
  370         (1) The department may shall not grant or issue a license
  371  as health agent as to any individual found by it to be
  372  untrustworthy or incompetent, or who does not meet all of the
  373  following qualifications:
  374         (1)(a)Is Must be a natural person of at least 18 years of
  375  age.
  376         (2)(b)Is Must be a United States citizen or legal alien
  377  who possesses work authorization from the United States Bureau
  378  of Citizenship and Immigration Services and is a bona fide
  379  resident of this state.
  380         (3)(c)Is Must not be an employee of the United States
  381  Department of Veterans Affairs or state service office, as
  382  referred to in s. 626.833.
  383         (4)(d)Has taken Must take and passed pass any examination
  384  for license required under s. 626.221.
  385         (5)(e)Is Must be qualified as to knowledge, experience, or
  386  instruction in the business of insurance and meets meet the
  387  requirements relative thereto provided in s. 626.8311.
  388         (2) An individual who is a bona fide resident of this state
  389  shall be deemed to meet the residence requirement of paragraph
  390  (1)(b), notwithstanding the existence at the time of application
  391  for license of a license in his or her name on the records of
  392  another state as a resident licensee of such other state, if the
  393  applicant furnishes a letter of clearance satisfactory to the
  394  department that the resident licenses have been canceled or
  395  changed to a nonresident basis and that he or she is in good
  396  standing.
  397         Section 17. Subsections (4) and (5) of section 626.8417,
  398  Florida Statutes, are amended to read:
  399         626.8417 Title insurance agent licensure; exemptions.—
  400         (4) Title insurers, acting through designated corporate
  401  officers, or attorneys duly admitted to practice law in this
  402  state and in good standing with The Florida Bar are exempt from
  403  the provisions of this chapter relating to title insurance
  404  licensing and appointment requirements.
  405         (5) An insurer may designate a corporate officer of the
  406  insurer to occasionally issue and countersign binders,
  407  commitments, and policies of title insurance. The designated
  408  officer is exempt from the provisions of this chapter relating
  409  to title insurance licensing and appointment requirements while
  410  the officer is acting within the scope of the designation.
  411         Section 18. Subsection (24) is added to section 626.854,
  412  Florida Statutes, to read:
  413         626.854 “Public adjuster” defined; prohibitions.—The
  414  Legislature finds that it is necessary for the protection of the
  415  public to regulate public insurance adjusters and to prevent the
  416  unauthorized practice of law.
  417         (24) A public adjuster, public adjuster apprentice, or
  418  public adjusting firm must respond with specific information to
  419  a written or electronic request for claims status from a
  420  claimant or insured or their designated representative within 14
  421  days after the date of the request and shall document in the
  422  file the response or information provided.
  423         Section 19. Section 627.797, Florida Statutes, is repealed.
  424  
  425  ================= T I T L E  A M E N D M E N T ================
  426  And the title is amended as follows:
  427         Delete lines 75 - 101
  428  and insert:
  429         application; amending s. 626.0428, F.S.; conforming a
  430         provision to changes made by the act; amending s.
  431         626.171, F.S.; deleting reinsurance intermediaries
  432         from certain application requirements; revising the
  433         list of persons from whom the department is required
  434         to accept uniform applications; making clarifying
  435         changes regarding the voluntary submission of cellular
  436         telephone numbers; revising the exemption from the
  437         application filing fee for members of the United
  438         States Armed Forces; amending s. 626.292, F.S.;
  439         revising applicant requirements for a license
  440         transfer; amending s. 626.611, F.S.; requiring the
  441         department to require license reexamination of certain
  442         persons, and suspend or revoke the eligibility to hold
  443         a license or appointment of such persons under certain
  444         circumstances; amending the grounds for suspension or
  445         revocation; amending 626.621, F.S.; authorizing the
  446         department to require a reexamination of certain
  447         persons; amending s. 626.731, F.S.; revising the
  448         qualifications for a general lines agent’s license;
  449         amending s. 626.785, F.S.; revising the qualifications
  450         for a life agent’s license; amending s. 626.831, F.S.;
  451         revising the qualifications for a health agent’s
  452         license; amending s. 626.8417, F.S.; revising the
  453         persons who are exempt from certain provisions
  454         relating to title insurance licensing and appointment
  455         requirements; amending s. 626.854, F.S.; requiring a
  456         public adjuster, public adjuster apprentice, or public
  457         adjusting firm to respond with specific information
  458         within a specified timeframe and document in the file
  459         the response or information provided; repealing s.
  460         627.797, F.S., relating to agents exempt from title
  461         insurance licensing; amending s.