The Florida Senate

626.739  Temporary license; death, disability, absence of agent.--

(1)  The department may, in its discretion, issue a temporary license authorizing appointment as a general lines insurance agent to a licensed agent's employee, family member, business associate, or personal representative for the purpose of continuing or winding up the business affairs of the agent or agency, subject to the following conditions:

(a)  The agent being replaced must have died or become unable to perform his or her duties as agent because of military service or illness or other physical or mental disability.

(b)  No other person connected with the agent's business is licensed as a general lines agent.

(c)  The proposed temporary licensee is qualified for a regular general lines agent's license under this code except as to residence, examination, education, or experience.

(d)  Application for the temporary license has been made by the applicant upon statements and affidavit filed with the department on forms prescribed and furnished by it.

(e)  The temporary license must be valid for 4 months and may not be renewed either to the then holder of the temporary license or to any other person for or on behalf of the agent or agency.

(f)  Under a temporary license and appointment the licensee does not represent as agent any insurer not last represented by the agent being replaced, and is not licensed or appointed as to any additional kind or classification of insurance than those covered by the last existing agency appointments of the replaced agent, except that, if during the temporary license period an insurer withdraws from the agency, the temporary licensee may be appointed by another like insurer only for the period remaining under the temporary license.

(g)  The holder of a temporary license may be granted a regular agent's license upon taking and successfully completing a classroom course or correspondence course in insurance or having the insurance employment experience as prescribed in s. 626.732 and passing an examination as required by s. 626.221.

(2)  If an absent or disabled agent being replaced under a temporary license returns or becomes able to resume the active conduct of the agency, or if the disposition of the affairs of the agency of a deceased or mentally incompetent agent is completed, or the temporary licensee has qualified for a regular license, before expiration otherwise of the temporary license, the temporary license shall terminate.

(3)  The applicant for a temporary license shall pay to the department, prior to the issuance thereof, the applicable license fee, and the insurer appointing the licensee shall pay the appointment fee, as specified in s. 624.501.

(4)  Except as provided in this section, the holder of a temporary license shall be subject to the same requirements and responsibilities as apply under this code to regularly licensed and appointed agents.

History.--s. 263, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 227, 241, 807, 810, ch. 82-243; s. 34, ch. 82-386; s. 18, ch. 88-166; ss. 78, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 249, ch. 97-102; s. 40, ch. 98-199.