Florida Senate - 2026 SB 772
By Senator Burgess
23-01085-26 2026772__
1 A bill to be entitled
2 An act relating to limited licenses for portable
3 electronics and eyewear insurance; amending s.
4 626.321, F.S.; renaming “portable electronics
5 insurance” as “portable electronics and eyewear
6 insurance” to include eyewear for purposes of
7 insurance coverage and licenses; defining the term
8 “eyewear”; deleting the obsolete definition of the
9 term “portable electronics transaction”; amending ss.
10 626.221, 626.732, and 626.8685, F.S.; conforming
11 provisions to changes made by the act; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (h) of subsection (1) and subsection
17 (4) of section 626.321, Florida Statutes, are amended to read:
18 626.321 Limited licenses and registration.—
19 (1) The department shall issue to a qualified applicant a
20 license as agent authorized to transact a limited class of
21 business in any of the following categories of limited lines
22 insurance:
23 (h) Portable electronics and eyewear insurance.—License for
24 property insurance or inland marine insurance that covers only
25 loss, theft, mechanical failure, malfunction, or damage for
26 portable electronics and eyewear.
27 1. The license may be issued only to:
28 a. Employees or authorized representatives of a licensed
29 general lines agent; or
30 b. The lead business location of a retail vendor that sells
31 portable electronics and eyewear insurance. The lead business
32 location must have a contractual relationship with a general
33 lines agent.
34 2. Employees or authorized representatives of a licensee
35 under subparagraph 1. may sell or offer for sale portable
36 electronics and eyewear coverage without being subject to
37 licensure as an insurance agent if:
38 a. Such insurance is sold or offered for sale at a licensed
39 location or at one of the licensee’s branch locations if the
40 branch location is appointed by the licensed lead business
41 location or its appointing insurers;
42 b. The insurer issuing the insurance directly supervises or
43 appoints a general lines agent to supervise the sale of such
44 insurance, including the development of a training program for
45 the employees and authorized representatives of vendors that are
46 directly engaged in the activity of selling or offering the
47 insurance; and
48 c. At each location where the insurance is offered,
49 brochures or other written materials that provide the
50 information required by this subparagraph are made available to
51 all prospective customers. The brochures or written materials
52 may include information regarding portable electronics and
53 eyewear insurance, service warranty agreements, or other
54 incidental services or benefits offered by a licensee.
55 3. Individuals not licensed to sell portable electronics
56 and eyewear insurance may not be paid commissions based on the
57 sale of such coverage. However, a licensee who uses a
58 compensation plan for employees and authorized representatives
59 which includes supplemental compensation for the sale of
60 noninsurance products, in addition to a regular salary or hourly
61 wages, may include incidental compensation for the sale of
62 portable electronics and eyewear insurance as a component of the
63 overall compensation plan.
64 4. Brochures or other written materials related to portable
65 electronics and eyewear insurance must:
66 a. Disclose that such insurance may duplicate coverage
67 already provided by a customer’s homeowners insurance policy,
68 renters insurance policy, or other source of coverage;
69 b. State that enrollment in insurance coverage is not
70 required in order to purchase or lease portable electronics and
71 eyewear or services;
72 c. Summarize the material terms of the insurance coverage,
73 including the identity of the insurer, the identity of the
74 supervising entity, the amount of any applicable deductible and
75 how it is to be paid, the benefits of coverage, and key terms
76 and conditions of coverage, such as whether portable electronics
77 and eyewear may be repaired or replaced with similar make and
78 model reconditioned or nonoriginal manufacturer parts or
79 equipment;
80 d. Summarize the process for filing a claim, including a
81 description of how to return portable electronics and eyewear
82 and the maximum fee applicable if the customer fails to comply
83 with equipment return requirements; and
84 e. State that an enrolled customer may cancel coverage at
85 any time and that the person paying the premium will receive a
86 refund of any unearned premium.
87 5. A licensed and appointed general lines agent is not
88 required to obtain a portable electronics and eyewear insurance
89 license to offer or sell portable electronics and eyewear
90 insurance at locations already licensed as an insurance agency,
91 but may apply for a portable electronics and eyewear insurance
92 license for branch locations not otherwise licensed to sell
93 insurance.
94 6. A portable electronics and eyewear license authorizes
95 the sale of individual policies or certificates under a group or
96 master insurance policy. The license also authorizes the sale of
97 service warranty agreements covering only portable electronics
98 and eyewear to the same extent as if licensed under s. 634.419
99 or s. 634.420.
100 7. A licensee may bill and collect the premium for the
101 purchase of portable electronics and eyewear insurance provided
102 that:
103 a. If the insurance is included with the purchase or lease
104 of portable electronics or eyewear or related services, the
105 licensee clearly and conspicuously discloses that insurance
106 coverage is included with the purchase. Disclosure of the stand
107 alone cost of the premium for same or similar insurance must be
108 made on the customer’s bill and in any marketing materials made
109 available at the point of sale. If the insurance is not
110 included, the charge to the customer for the insurance must be
111 separately itemized on the customer’s bill.
112 b. Premiums are incidental to other fees collected, are
113 maintained in a manner that is readily identifiable, and are
114 accounted for and remitted to the insurer or supervising entity
115 within 60 days of receipt. Licensees are not required to
116 maintain such funds in a segregated account.
117 c. All funds received by a licensee from an enrolled
118 customer for the sale of the insurance are considered funds held
119 in trust by the licensee in a fiduciary capacity for the benefit
120 of the insurer. Licensees may receive compensation for billing
121 and collection services.
122 8. Notwithstanding any other provision of law, the terms
123 for the termination or modification of coverage under a policy
124 of portable electronics and eyewear insurance are those set
125 forth in the policy.
126 9. Notice or correspondence required by the policy, or
127 otherwise required by law, may be provided by electronic means
128 if the insurer or licensee maintains proof that the notice or
129 correspondence was sent. Such notice or correspondence may be
130 sent on behalf of the insurer or licensee by the general lines
131 agent appointed by the insurer to supervise the administration
132 of the program. For purposes of this subparagraph, an enrolled
133 customer’s provision of an electronic mail address to the
134 insurer or licensee is deemed to be consent to receive notices
135 and correspondence by electronic means if a conspicuously
136 located disclosure is provided to the customer indicating the
137 same.
138 10. The fingerprinting requirements in s. 626.171(4) do not
139 apply to licenses issued to qualified entities under this
140 paragraph.
141 11. A branch location that sells portable electronics and
142 eyewear insurance may, in lieu of obtaining an appointment from
143 an insurer or warranty association, obtain a single appointment
144 from the associated lead business location licensee and pay the
145 prescribed appointment fee under s. 624.501 if the lead business
146 location has a single appointment from each insurer or warranty
147 association represented and such appointment applies to the lead
148 business location and all of its branch locations. Branch
149 location appointments shall be renewed 24 months after the
150 initial appointment date of the lead business location and every
151 24 months thereafter. Notwithstanding s. 624.501, the renewal
152 fee applicable to such branch location appointments is $30 per
153 appointment.
154 12. For purposes of this paragraph:
155 a. “Branch location” means any physical location in this
156 state at which a licensee offers its products or services for
157 sale.
158 b. “Eyewear” means smart glasses and nonelectronic eyewear.
159 As used in this sub-subparagraph, the term “nonelectronic
160 eyewear” includes prescription and nonprescription eyeglasses
161 and sunglasses.
162 c.b. “Portable electronics” means personal, self-contained,
163 easily carried by an individual, battery-operated electronic
164 communication, viewing, listening, recording, gaming, computing
165 or global positioning devices, including cell or satellite
166 phones, pagers, personal global positioning satellite units,
167 portable computers, portable audio listening, video viewing or
168 recording devices, digital cameras, video camcorders, portable
169 gaming systems, docking stations, automatic answering devices,
170 and other similar devices and their accessories, and service
171 related to the use of such devices.
172 c. “Portable electronics transaction” means the sale or
173 lease of portable electronics or a related service, including
174 portable electronics insurance.
175 (4) Except as otherwise expressly provided, a person
176 applying for or holding a limited license is subject to the same
177 applicable requirements and responsibilities that apply to
178 general lines agents in general if licensed as to motor vehicle
179 physical damage and mechanical breakdown insurance, industrial
180 fire insurance or burglary insurance, motor vehicle rental
181 insurance, credit insurance, crop hail and multiple-peril crop
182 insurance, in-transit and storage personal property insurance,
183 or portable electronics and eyewear insurance; or as apply to
184 life agents or health agents in general, as applicable, if
185 licensed as to travel insurance.
186 Section 2. Paragraph (b) of subsection (2) of section
187 626.221, Florida Statutes, is amended to read:
188 626.221 Examination requirement; exemptions.—
189 (2) However, an examination is not necessary for any of the
190 following:
191 (b) An applicant for a limited license as agent for travel
192 insurance, motor vehicle rental insurance, credit insurance, in
193 transit and storage personal property insurance, or portable
194 electronics and eyewear insurance under s. 626.321.
195 Section 3. Subsection (7) of section 626.732, Florida
196 Statutes, is amended to read:
197 626.732 Requirement as to knowledge, experience, or
198 instruction.—
199 (7) This section does not apply to an individual holding
200 only a limited license for travel insurance, motor vehicle
201 rental insurance, credit insurance, in-transit and storage
202 personal property insurance, or portable electronics and eyewear
203 insurance.
204 Section 4. Section 626.8685, Florida Statutes, is amended
205 to read:
206 626.8685 Portable electronics and eyewear insurance claims;
207 exemption; licensure restriction.—
208 (1) This part does not apply to any individual who collects
209 claims information from, or furnishes claims information to,
210 insureds or claimants, and who conducts data entry, including
211 entering data into an automated claims adjudication system,
212 provided that the individual is an employee of a business entity
213 licensed under this chapter, or its affiliate, and no more than
214 25 such persons are under the supervision of one licensed
215 independent adjuster or licensed agent who is exempt from
216 licensure pursuant to s. 626.862. For purposes of this
217 subsection, the term “automated claims adjudication system”
218 means a preprogrammed computer system designed for the
219 collection, data entry, calculation, and final resolution of
220 portable electronics and eyewear insurance claims that:
221 (a) May be used only by a licensed independent adjuster,
222 licensed agent, or supervised individual operating pursuant to
223 this subsection;
224 (b) Must comply with all claims payment requirements of the
225 insurance code; and
226 (c) Must be certified as compliant with this subsection by
227 a licensed independent adjuster that is an officer of a licensed
228 business entity under this chapter.
229 (2) Notwithstanding any other provision of law, a resident
230 of Canada may not be licensed as a nonresident independent
231 adjuster for purposes of adjusting portable electronics
232 insurance and eyewear claims unless the person has successfully
233 obtained an adjuster’s license in another state.
234 Section 5. This act shall take effect July 1, 2026.