Florida Senate - 2015                                    SB 1222
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00916A-15                                          20151222__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Insurance Agent and
    3         Agency Services; amending s. 626.015, F.S.; revising
    4         the definition of “general lines agent,” to remove a
    5         restriction with respect to agents transacting health
    6         insurance; limiting the types of health insurance
    7         agents; amending s. 626.0428, F.S.; revising licensure
    8         requirements of certain agents in charge of an
    9         agency’s place of business; amending s. 626.221, F.S.;
   10         revising examination requirements for applicants for a
   11         license as a general lines agent, personal lines
   12         agent, or all-lines adjuster; amending s. 626.241,
   13         F.S.; revising the scope of license examinations for
   14         agents and adjusters; amending s. 626.2817, F.S.;
   15         revising requirements of certain prelicensure
   16         education courses for insurance agents and other
   17         licensees; amending s. 626.311, F.S.; conforming
   18         provisions to changes made by the act; amending s.
   19         626.732, F.S.; revising requirements relating to
   20         knowledge, experience, and instruction for applicants
   21         for a license as a general lines or personal lines
   22         agent; amending s. 626.7351, F.S.; revising
   23         qualifications for a customer representative’s
   24         license; amending s. 626.748, F.S.; requiring agents
   25         to maintain certain records for a specified time
   26         period after policy expiration; amending ss. 626.7851
   27         and 626.8311, F.S.; revising requirements relating to
   28         the knowledge, experience, or instruction for life
   29         agents and health agents, respectively; creating s.
   30         626.8661, F.S.; providing knowledge, experience, and
   31         instruction requirements for an all-lines adjuster;
   32         amending s. 626.9541, F.S.; providing that certain
   33         provisions relating to illegal dealings in premiums
   34         are applicable notwithstanding any other provision of
   35         law; amending s. 627.4553, F.S.; requiring an
   36         insurance agent to provide and retain certain
   37         information upon surrender of an annuity or life
   38         insurance policy under certain circumstances; amending
   39         s. 631.341, F.S.; authorizing certain notices of
   40         insolvency to be delivered to policyholders by certain
   41         methods; amending s. 648.355, F.S.; revising
   42         instructional requirements relating to the issuance of
   43         a temporary limited license as a limited surety agent;
   44         amending s. 648.386, F.S.; revising curricula
   45         requirements for approval and certification as a
   46         limited surety agent and professional bail bond agent
   47         prelicensing school; providing an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Paragraph (d) of subsection (5) of section
   52  626.015, Florida Statutes, is amended to read:
   53         626.015 Definitions.—As used in this part:
   54         (5) “General lines agent” means an agent transacting any
   55  one or more of the following kinds of insurance:
   56         (d) Health insurance, when transacted by an insurer also
   57  represented by the same agent as to property or casualty or
   58  surety insurance.
   59         Section 2. Paragraph (a) of subsection (4) of section
   60  626.0428, Florida Statutes, is amended to read:
   61         626.0428 Agency personnel powers, duties, and limitations.—
   62         (4)(a) Each place of business established by an agent or
   63  agency, firm, corporation, or association must be in the active
   64  full-time charge of a licensed and appointed agent holding the
   65  required agent licenses to transact at least two of the lines of
   66  insurance being handled at the location. If only one line of
   67  insurance is handled at the location, the agent in charge must
   68  hold the required agent license to transact that line of
   69  insurance.
   70         Section 3. Subsection (1) and paragraphs (g) through (l) of
   71  subsection (2) of section 626.221, Florida Statutes, are amended
   72  to read:
   73         626.221 Examination requirement; exemptions.—
   74         (1) The department shall not issue any license as agent,
   75  customer representative, or adjuster to any individual who has
   76  not qualified for, taken, and passed to the satisfaction of the
   77  department a written examination of the scope prescribed in s.
   78  626.241.
   79         (2) However, an examination is not necessary for any of the
   80  following:
   81         (g) An applicant for a license as a life or health agent
   82  who has received the designation of chartered life underwriter
   83  (CLU) from the American College of Financial Services Life
   84  Underwriters and has been engaged in the insurance business
   85  within the past 4 years, except that the applicant may be
   86  examined on pertinent provisions of this code.
   87         (h) An applicant for license as a general lines agent,
   88  personal lines agent, or all-lines customer representative, or
   89  adjuster who has received the designation of chartered property
   90  and casualty underwriter (CPCU) from the American Institute for
   91  Chartered Property Casualty and Liability Underwriters and has
   92  been engaged in the insurance business within the past 4 years,
   93  except that the applicant may be examined on pertinent
   94  provisions of this code.
   95         (i) An applicant for license as a general lines agent or an
   96  all-lines adjuster who has received a degree in insurance from
   97  an accredited institution of higher learning approved by the
   98  department, except that the applicant may be examined on
   99  pertinent provisions of this code. Qualifying degrees must
  100  indicate a minimum of 18 credit hours of insurance instruction,
  101  including specific instruction in the areas of property,
  102  casualty, health, and commercial insurance customer
  103  representative who has earned the designation of Accredited
  104  Advisor in Insurance (AAI) from the Insurance Institute of
  105  America, the designation of Certified Insurance Counselor (CIC)
  106  from the Society of Certified Insurance Service Counselors, the
  107  designation of Accredited Customer Service Representative (ACSR)
  108  from the Independent Insurance Agents of America, the
  109  designation of Certified Professional Service Representative
  110  (CPSR) from the National Foundation for Certified Professional
  111  Service Representatives, the designation of Certified Insurance
  112  Service Representative (CISR) from the Society of Certified
  113  Insurance Service Representatives, or the designation of
  114  Certified Insurance Representative (CIR) from the National
  115  Association of Christian Catastrophe Insurance Adjusters. Also,
  116  an applicant for license as a customer representative who has
  117  earned an associate degree or bachelor’s degree from an
  118  accredited college or university and has completed at least 9
  119  academic hours of property and casualty insurance curriculum, or
  120  the equivalent, or has earned the designation of Certified
  121  Customer Service Representative (CCSR) from the Florida
  122  Association of Insurance Agents, or the designation of
  123  Registered Customer Service Representative (RCSR) from a
  124  regionally accredited postsecondary institution in this state,
  125  or the designation of Professional Customer Service
  126  Representative (PCSR) from the Professional Career Institute,
  127  whose curriculum has been approved by the department and which
  128  includes comprehensive analysis of basic property and casualty
  129  lines of insurance and testing at least equal to that of
  130  standard department testing for the customer representative
  131  license. The department shall adopt rules establishing standards
  132  for the approval of curriculum.
  133         (j) An applicant for license as a personal lines agent who
  134  has received a degree from an accredited institution of higher
  135  learning approved by the department, except that the applicant
  136  may be examined on pertinent provisions of this code. Qualifying
  137  degrees must indicate a minimum of 9 credit hours of insurance
  138  instruction, including specific instruction in the areas of
  139  property, casualty, and inland marine insurance resident or
  140  nonresident all-lines adjuster who has the designation of
  141  Accredited Claims Adjuster (ACA) from a regionally accredited
  142  postsecondary institution in this state, Professional Claims
  143  Adjuster (PCA) from the Professional Career Institute,
  144  Professional Property Insurance Adjuster (PPIA) from the
  145  HurriClaim Training Academy, Certified Adjuster (CA) from ALL
  146  LINES Training, or Certified Claims Adjuster (CCA) from the
  147  Association of Property and Casualty Claims Professionals whose
  148  curriculum has been approved by the department and which
  149  includes comprehensive analysis of basic property and casualty
  150  lines of insurance and testing at least equal to that of
  151  standard department testing for the all-lines adjuster license.
  152  The department shall adopt rules establishing standards for the
  153  approval of curriculum.
  154         (k) An applicant qualifying for a license transfer under s.
  155  626.292 if the applicant:
  156         1. Has successfully completed the prelicensing examination
  157  requirements in the applicant’s previous home state which are
  158  substantially equivalent to the examination requirements in this
  159  state, as determined by the department;
  160         2. Has received the designation of chartered property and
  161  casualty underwriter (CPCU) from the American Institute for
  162  Property and Liability Underwriters and been engaged in the
  163  insurance business within the past 4 years if applying to
  164  transfer a general lines agent license; or
  165         3. Has received the designation of chartered life
  166  underwriter (CLU) from the American College of Life Underwriters
  167  and been engaged in the insurance business within the past 4
  168  years if applying to transfer a life or health agent license.
  169         (l) An applicant for a license as a nonresident agent if
  170  the applicant holds a comparable license in another state with
  171  similar examination requirements as this state:
  172         1. Has successfully completed prelicensing examination
  173  requirements in the applicant’s home state which are
  174  substantially equivalent to the examination requirements in this
  175  state, as determined by the department, as a requirement for
  176  obtaining a resident license in his or her home state;
  177         2. Held a general lines agent license, life agent license,
  178  or health agent license before a written examination was
  179  required;
  180         3. Has received the designation of chartered property and
  181  casualty underwriter (CPCU) from the American Institute for
  182  Property and Liability Underwriters and has been engaged in the
  183  insurance business within the past 4 years, if an applicant for
  184  a nonresident license as a general lines agent; or
  185         4. Has received the designation of chartered life
  186  underwriter (CLU) from the American College of Life Underwriters
  187  and been in the insurance business within the past 4 years, if
  188  an applicant for a nonresident license as a life agent or health
  189  agent.
  190         Section 4. Subsections (1), (2), (3), and (8) of section
  191  626.241, Florida Statutes, are amended to read:
  192         626.241 Scope of examination.—
  193         (1) Each examination for a license as an agent, customer
  194  representative, or adjuster shall be of such scope as is deemed
  195  by the department to be reasonably necessary to test the
  196  applicant’s ability and competence and knowledge of the kinds of
  197  insurance and transactions to be handled under the license
  198  applied for, of the duties and responsibilities of such a
  199  licensee, and of the pertinent provisions of the laws of this
  200  state.
  201         (2) Examinations given applicants for license as a general
  202  lines agent or customer representative shall cover all property,
  203  casualty, and surety insurances, except as provided in
  204  subsection (5) relative to limited licenses.
  205         (3) Examinations given applicants for a life agent’s
  206  license shall cover life insurance, annuities, and variable
  207  contracts annuities.
  208         (8) An examination for licensure as a personal lines agent
  209  shall consist of 100 questions and shall be limited in scope to
  210  the kinds of business transacted under such license.
  211         Section 5. Section 626.2817, Florida Statutes, is amended
  212  to read:
  213         626.2817 Regulation of course providers, instructors, and
  214  school officials, and monitor groups involved in prelicensure
  215  education for insurance agents and other licensees.—
  216         (1) Any course provider, instructor, or school official, or
  217  monitor group must be approved by and registered with the
  218  department before offering prelicensure education courses for
  219  insurance agents and other licensees.
  220         (2) The department shall adopt rules establishing standards
  221  for the approval, registration, discipline, or removal from
  222  registration of course providers, instructors, and school
  223  officials, and monitor groups. The standards must be designed to
  224  ensure that such persons have the knowledge, competence, and
  225  integrity to fulfill the educational objectives of the
  226  prelicensure requirements of this chapter and chapter 648 and to
  227  assure that insurance agents and licensees are competent to
  228  engage in the activities authorized under the license.
  229         (3) A course provider shall not grant completion credit to
  230  any student who has not completed at least 75 percent of the
  231  required course hours of a department approved prelicensure
  232  course.
  233         (4) The department shall adopt rules to establish a process
  234  for determining compliance with the prelicensure requirements of
  235  this chapter and chapter 648. The department shall adopt rules
  236  prescribing the forms necessary to administer the prelicensure
  237  requirements.
  238         Section 6. Subsection (1) of section 626.311, Florida
  239  Statutes, is amended to read:
  240         626.311 Scope of license.—
  241         (1) Except as to personal lines agents and limited
  242  licenses, a general lines agent or customer representative shall
  243  qualify for all property, marine, casualty, and surety lines
  244  except bail bonds which require a separate license under chapter
  245  648. The license of a general lines agent may also covers cover
  246  health insurance if health insurance is included in the agent’s
  247  appointment by an insurer as to which the licensee is also
  248  appointed as agent for property or casualty or surety insurance.
  249  The license of a customer representative shall provide, in
  250  substance, that it covers all of such classes of insurance that
  251  his or her appointing general lines agent or agency is currently
  252  so authorized to transact under the general lines agent’s
  253  license and appointments. No such license shall be issued
  254  limited to particular classes of insurance except for bail bonds
  255  which require a separate license under chapter 648 or for
  256  personal lines agents. Personal lines agents are limited to
  257  transacting business related to property and casualty insurance
  258  sold to individuals and families for noncommercial purposes.
  259         Section 7. Subsections (1) through (5) of section 626.732,
  260  Florida Statutes, are amended to read:
  261         626.732 Requirement as to knowledge, experience, or
  262  instruction.—
  263         (1) Except as provided in subsection (4), an applicant for
  264  a license as a general lines agent, except for a chartered
  265  property and casualty underwriter (CPCU), may not be qualified
  266  or licensed unless, within the 4 years immediately preceding the
  267  date the application for license is filed with the department,
  268  the applicant has:
  269         (a) Taught or successfully completed 200 hours of
  270  coursework in property, casualty, surety, health, and marine
  271  insurance approved by the department classroom courses in
  272  insurance, 3 hours of which must be on the subject matter of
  273  ethics, at a school, college, or extension division thereof,
  274  approved by the department;
  275         (b) Completed a correspondence course in insurance, 3 hours
  276  of which must be on the subject matter of ethics, which is
  277  regularly offered by accredited institutions of higher learning
  278  in this state or extensions thereof and approved by the
  279  department, and have at least 6 months of responsible insurance
  280  duties as a substantially full-time bona fide employee in all
  281  lines of property and casualty insurance set forth in the
  282  definition of general lines agent under s. 626.015;
  283         (b)(c) Completed at least 1 year in responsible insurance
  284  duties as a substantially full-time bona fide employee in all
  285  lines of property and casualty insurance as set forth in the
  286  definition of a general lines agent under s. 626.015, but
  287  without the education requirement described in paragraph (a) or
  288  paragraph (b); or
  289         (c)(d) Completed at least 1 year of responsible insurance
  290  duties as a licensed and appointed customer representative,
  291  service representative, or personal lines agent or limited
  292  customer representative in commercial or personal lines of
  293  property and casualty insurance and 40 hours of coursework
  294  classroom courses approved by the department covering the areas
  295  of property, casualty, surety, health, and marine insurance; or
  296         (e) Completed at least 1 year of responsible insurance
  297  duties as a licensed and appointed service representative in
  298  commercial or personal lines of property and casualty insurance
  299  and 80 hours of classroom courses approved by the department
  300  covering the areas of property, casualty, surety, health, and
  301  marine insurance.
  302         (2) Except as provided under subsection (4), an applicant
  303  for a license as a personal lines agent, except for a chartered
  304  property and casualty underwriter (CPCU), may not be qualified
  305  or licensed unless, within the 4 years immediately preceding the
  306  date the application for license is filed with the department,
  307  the applicant has:
  308         (a) Taught or successfully completed 60 hours of coursework
  309  in property, casualty, and inland marine insurance approved by
  310  the department classroom courses in insurance, 3 hours of which
  311  must be on the subject matter of ethics, at a school, college,
  312  or extension division thereof, approved by the department. To
  313  qualify for licensure, the applicant must complete a total of 52
  314  hours of classroom courses in insurance;
  315         (b) Completed a correspondence course in insurance, 3 hours
  316  of which must be on the subject matter of ethics, which is
  317  regularly offered by accredited institutions of higher learning
  318  in this state or extensions thereof and approved by the
  319  department, and completed at least 3 months of responsible
  320  insurance duties as a substantially full-time employee in the
  321  area of property and casualty insurance sold to individuals and
  322  families for noncommercial purposes;
  323         (b)(c) Completed at least 6 months of responsible insurance
  324  duties as a substantially full-time employee in the area of
  325  property and casualty insurance sold to individuals and families
  326  for noncommercial purposes, but without the education
  327  requirement described in paragraph (a) or paragraph (b); or
  328         (c)(d) Completed at least 6 months of responsible insurance
  329  duties as a licensed and appointed customer representative, or
  330  limited customer representative, or service representative in
  331  property and casualty insurance sold to individuals and families
  332  for noncommercial purposes and 20 hours of classroom courses
  333  approved by the department which are related to property and
  334  casualty insurance sold to individuals and families for
  335  noncommercial purposes;
  336         (e) Completed at least 6 months of responsible insurance
  337  duties as a licensed and appointed service representative in
  338  property and casualty insurance sold to individuals and families
  339  for noncommercial purposes and 40 hours of classroom courses
  340  approved by the department related to property and casualty
  341  insurance sold to individuals and families for noncommercial
  342  purposes; or
  343         (f) Completed at least 3 years of responsible duties as a
  344  licensed and appointed customer representative in property and
  345  casualty insurance sold to individuals and families for
  346  noncommercial purposes.
  347         (3) If an applicant’s qualifications as required under
  348  subsection (1) or subsection (2) are based in part upon periods
  349  of employment in responsible insurance duties, the applicant
  350  shall submit with the license application, on a form prescribed
  351  by the department, an attestation affidavit of his or her
  352  employment employer setting forth the period of such employment,
  353  that the employment was substantially full-time, and giving a
  354  brief abstract of the nature of the duties performed by the
  355  applicant.
  356         (4) An individual who was or became qualified to sit for an
  357  agent’s, customer representative’s, or adjuster’s examination at
  358  or during the time he or she was employed by the department or
  359  office and who, while so employed, was employed in responsible
  360  insurance duties as a full-time bona fide employee may take an
  361  examination if application for such examination is made within 4
  362  years 90 days after the date of termination of employment with
  363  the department or office.
  364         (5) Classroom and correspondence Courses under subsections
  365  (1) and (2) must include instruction on the subject matter of
  366  unauthorized entities engaging in the business of insurance. The
  367  scope of the topic of unauthorized entities must include the
  368  Florida Nonprofit Multiple-Employer Welfare Arrangement Act and
  369  the Employee Retirement Income Security Act, 29 U.S.C. ss. 1001
  370  et seq., as it relates to the provision of health insurance by
  371  employers and the regulation thereof.
  372         Section 8. Subsections (3) and (7) of section 626.7351,
  373  Florida Statutes, are amended to read:
  374         626.7351 Qualifications for customer representative’s
  375  license.—The department shall not grant or issue a license as
  376  customer representative to any individual found by it to be
  377  untrustworthy or incompetent, or who does not meet each of the
  378  following qualifications:
  379         (3) Within 4 the 2 years next preceding the date that the
  380  application for license was filed with the department, the
  381  applicant has earned the designation of Accredited Advisor in
  382  Insurance (AAI), Associate in General Insurance (AINS), or
  383  Accredited Customer Service Representative (ACSR) from the
  384  Insurance Institute of America; the designation of Certified
  385  Insurance Counselor (CIC) from the Society of Certified
  386  Insurance Service Counselors; the designation of Certified
  387  Professional Service Representative (CPSR) from the National
  388  Foundation for CPSRs; the designation of Certified Insurance
  389  Service Representative (CISR) from the Society of Certified
  390  Insurance Service Representatives; the designation of Certified
  391  Insurance Representative (CIR) from All-Lines Training; the
  392  designation of Professional Customer Service Representative
  393  (PCSR) from the Professional Career Institute; the designation
  394  of Registered Customer Service Representative (RCSR) from a
  395  regionally accredited postsecondary institution in the state
  396  whose curriculum is approved by the department and includes
  397  comprehensive analysis of basic property and casualty lines of
  398  insurance and testing which demonstrates mastery of the subject;
  399  or a degree from an accredited institution of higher learning
  400  approved by the department when the degree includes a minimum of
  401  9 credit hours of insurance instruction, including specific
  402  instruction in the areas of property, casualty, and inland
  403  marine insurance. The department shall adopt rules establishing
  404  standards for the approval of curriculum completed a course in
  405  insurance, 3 hours of which shall be on the subject matter of
  406  ethics, approved by the department or has had at least 6 months’
  407  experience in responsible insurance duties as a substantially
  408  full-time employee. Courses must include instruction on the
  409  subject matter of unauthorized entities engaging in the business
  410  of insurance. The scope of the topic of unauthorized entities
  411  shall include the Florida Nonprofit Multiple-Employer Welfare
  412  Arrangement Act and the Employee Retirement Income Security Act,
  413  29 U.S.C. ss. 1001 et seq., as such acts relate to the provision
  414  of health insurance by employers and the regulation of such
  415  insurance.
  416         (7) The applicant has passed any required examination for
  417  license required under s. 626.221.
  418         Section 9. Section 626.748, Florida Statutes, is amended to
  419  read:
  420         626.748 Agent’s records.—Every agent transacting any
  421  insurance policy must maintain in his or her office, or have
  422  readily accessible by electronic or photographic means, for a
  423  period of at least 5 years after policy expiration, such records
  424  of policies transacted by him or her as to enable the
  425  policyholders and department to obtain all necessary
  426  information, including daily reports, applications, change
  427  endorsements, or documents signed or initialed by the insured
  428  concerning such policies.
  429         Section 10. Section 626.7851, Florida Statutes, is amended
  430  to read:
  431         626.7851 Requirement as to knowledge, experience, or
  432  instruction.—An No applicant for a license as a life agent,
  433  except for a chartered life underwriter (CLU), shall not be
  434  qualified or licensed unless within the 4 years immediately
  435  preceding the date the application for a license is filed with
  436  the department he or she has:
  437         (1) Successfully completed 40 hours of coursework classroom
  438  courses in life insurance, annuities, and variable contracts
  439  approved by the department, 3 hours of which shall be on the
  440  subject matter of ethics, satisfactory to the department at a
  441  school or college, or extension division thereof, or other
  442  authorized course of study, approved by the department. Courses
  443  must include instruction on the subject matter of unauthorized
  444  entities engaging in the business of insurance, to include the
  445  Florida Nonprofit Multiple-Employer Welfare Arrangement Act and
  446  the Employee Retirement Income Security Act, 29 U.S.C. ss. 1001
  447  et seq., as it relates to the provision of life insurance by
  448  employers to their employees and the regulation thereof;
  449         (2) Earned or maintained an active designation as a
  450  Chartered Financial Consultant (ChFC) from the American College
  451  of Financial Services; Fellow, Life Management Institute (FLMI)
  452  from the Life Management Institute; or Certified Financial
  453  Planner (CFP) from the Certified Financial Planner Board of
  454  Standards Successfully completed a correspondence course in
  455  insurance, 3 hours of which shall be on the subject matter of
  456  ethics, satisfactory to the department and regularly offered by
  457  accredited institutions of higher learning in this state or by
  458  independent programs of study, approved by the department.
  459  Courses must include instruction on the subject matter of
  460  unauthorized entities engaging in the business of insurance, to
  461  include the Florida Nonprofit Multiple-Employer Welfare
  462  Arrangement Act and the Employee Retirement Income Security Act,
  463  29 U.S.C. ss. 1001 et seq., as it relates to the provision of
  464  life insurance by employers to their employees and the
  465  regulation thereof;
  466         (3) Held an active license in life, or life and health,
  467  insurance in another state. This provision may not be used
  468  utilized unless the other state grants reciprocal treatment to
  469  licensees formerly licensed in this state Florida; or
  470         (4) Been employed by the department or office for at least
  471  1 year, full time in life or life and health insurance
  472  regulatory matters and who was not terminated for cause, and
  473  application for examination is made within 4 years 90 days after
  474  the date of termination of his or her employment with the
  475  department or office.
  476         Section 11. Section 626.8311, Florida Statutes, is amended
  477  to read:
  478         626.8311 Requirement as to knowledge, experience, or
  479  instruction.—An No applicant for a license as a health agent,
  480  except for a chartered life underwriter (CLU), shall not be
  481  qualified or licensed unless within the 4 years immediately
  482  preceding the date the application for license is filed with the
  483  department he or she has:
  484         (1) Successfully completed 40 hours of coursework classroom
  485  courses in health insurance, approved by the department, 3 hours
  486  of which shall be on the subject matter of ethics, satisfactory
  487  to the department at a school or college, or extension division
  488  thereof, or other authorized course of study, approved by the
  489  department. Courses must include instruction on the subject
  490  matter of unauthorized entities engaging in the business of
  491  insurance, to include the Florida Nonprofit Multiple-Employer
  492  Welfare Arrangement Act and the Employee Retirement Income
  493  Security Act, 29 U.S.C. ss. 1001 et seq., as it relates to the
  494  provision of health insurance by employers to their employees
  495  and the regulation thereof;
  496         (2) Earned or maintained an active designation as a
  497  Registered Health Underwriter (RHU), Chartered Healthcare
  498  Consultant (ChHC), or Registered Employee Benefits Consultant
  499  (REBC) from the American College of Financial Services;
  500  Certified Employee Benefit Specialist (CEBS) from the Wharton
  501  School of the University of Pennsylvania; Health Insurance
  502  Associate (HIA) from America’s Health Insurance Plans; or
  503  Certified Financial Planner (CFP) from the Certified Financial
  504  Planner Board of Standards Successfully completed a
  505  correspondence course in insurance, 3 hours of which shall be on
  506  the subject matter of ethics, satisfactory to the department and
  507  regularly offered by accredited institutions of higher learning
  508  in this state or by independent programs of study, approved by
  509  the department. Courses must include instruction on the subject
  510  matter of unauthorized entities engaging in the business of
  511  insurance, to include the Florida Nonprofit Multiple-Employer
  512  Welfare Arrangement Act and the Employee Retirement Income
  513  Security Act, 29 U.S.C. ss. 1001 et seq., as it relates to the
  514  provision of health insurance by employers to their employees
  515  and the regulation thereof;
  516         (3) Held an active license in health, or life and health,
  517  insurance in another state. This provision may not be utilized
  518  unless the other state grants reciprocal treatment to licensees
  519  formerly licensed in Florida; or
  520         (4) Been employed by the department or office for at least
  521  1 year, full time in health insurance regulatory matters and who
  522  was not terminated for cause, and application for examination is
  523  made within 4 years 90 days after the date of termination of his
  524  or her employment with the department or office.
  525         Section 12. Section 626.8661, Florida Statutes, is created
  526  to read:
  527         626.8661 Requirement as to knowledge, experience, or
  528  instruction.—An applicant for a license as an all-lines
  529  adjuster, except for a chartered property and casualty
  530  underwriter (CPCU), shall not be qualified or licensed unless
  531  within the 4 years immediately preceding the date that the
  532  application for license is filed with the department he or she
  533  has:
  534         (1) Successfully completed 40 hours of coursework in
  535  adjusting all lines of insurance, except life, approved by the
  536  department;
  537         (2) Earned or maintained an active designation as an
  538  Accredited Claims Adjuster (ACA) from a regionally accredited
  539  postsecondary institution in the state, Associate in Claims
  540  (AIC) from the Insurance Institute of America, Professional
  541  Claims Adjuster (PCA) from the Professional Career Institute,
  542  Professional Property Insurance Adjuster (PPIA) from the
  543  HurriClaim Training Academy, Certified Adjuster (CA) from All
  544  Lines Training, or Certified Claims Adjuster (CCA) from AE21
  545  Incorporated;
  546         (3) Completed at least 1 year in responsible insurance
  547  duties as a substantially full-time insurance adjuster with
  548  experience in determining the amount of a claim, loss, or damage
  549  payable under an insurance contract and has effected settlement
  550  of such claim, loss, or damage, but has not met the education
  551  requirement described in subsection (1) or subsection (2); or
  552         (4) Been employed full time by the department or office for
  553  at least 1 year, with experience in insurance claim regulatory
  554  matters, and was not terminated for cause.
  555         Section 13. Paragraph (o) of subsection (1) of section
  556  626.9541, Florida Statutes, is amended to read:
  557         626.9541 Unfair methods of competition and unfair or
  558  deceptive acts or practices defined.—
  559         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  560  ACTS.—The following are defined as unfair methods of competition
  561  and unfair or deceptive acts or practices:
  562         (o) Illegal dealings in premiums; excess or reduced charges
  563  for insurance.—
  564         1. Knowingly collecting any sum as a premium or charge for
  565  insurance, which is not then provided, or is not in due course
  566  to be provided, subject to acceptance of the risk by the
  567  insurer, by an insurance policy issued by an insurer as
  568  permitted by this code.
  569         2. Knowingly collecting as a premium or charge for
  570  insurance any sum in excess of or less than the premium or
  571  charge applicable to such insurance, in accordance with the
  572  applicable classifications and rates as filed with and approved
  573  by the office, and as specified in the policy; or, in cases when
  574  classifications, premiums, or rates are not required by this
  575  code to be so filed and approved, premiums and charges collected
  576  from a Florida resident in excess of or less than those
  577  specified in the policy and as fixed by the insurer.
  578  Notwithstanding any other provision of law, this provision shall
  579  not be deemed to prohibit the charging and collection, by
  580  surplus lines agents licensed under part VIII of this chapter,
  581  of the amount of applicable state and federal taxes, or fees as
  582  authorized by s. 626.916(4), in addition to the premium required
  583  by the insurer or the charging and collection, by licensed
  584  agents, of the exact amount of any discount or other such fee
  585  charged by a credit card facility in connection with the use of
  586  a credit card, as authorized by subparagraph (q)3., in addition
  587  to the premium required by the insurer. This subparagraph shall
  588  not be construed to prohibit collection of a premium for a
  589  universal life or a variable or indeterminate value insurance
  590  policy made in accordance with the terms of the contract.
  591         3.a. Imposing or requesting an additional premium for a
  592  policy of motor vehicle liability, personal injury protection,
  593  medical payment, or collision insurance or any combination
  594  thereof or refusing to renew the policy solely because the
  595  insured was involved in a motor vehicle accident unless the
  596  insurer’s file contains information from which the insurer in
  597  good faith determines that the insured was substantially at
  598  fault in the accident.
  599         b. An insurer which imposes and collects such a surcharge
  600  or which refuses to renew such policy shall, in conjunction with
  601  the notice of premium due or notice of nonrenewal, notify the
  602  named insured that he or she is entitled to reimbursement of
  603  such amount or renewal of the policy under the conditions listed
  604  below and will subsequently reimburse him or her or renew the
  605  policy, if the named insured demonstrates that the operator
  606  involved in the accident was:
  607         (I) Lawfully parked;
  608         (II) Reimbursed by, or on behalf of, a person responsible
  609  for the accident or has a judgment against such person;
  610         (III) Struck in the rear by another vehicle headed in the
  611  same direction and was not convicted of a moving traffic
  612  violation in connection with the accident;
  613         (IV) Hit by a “hit-and-run” driver, if the accident was
  614  reported to the proper authorities within 24 hours after
  615  discovering the accident;
  616         (V) Not convicted of a moving traffic violation in
  617  connection with the accident, but the operator of the other
  618  automobile involved in such accident was convicted of a moving
  619  traffic violation;
  620         (VI) Finally adjudicated not to be liable by a court of
  621  competent jurisdiction;
  622         (VII) In receipt of a traffic citation which was dismissed
  623  or nolle prossed; or
  624         (VIII) Not at fault as evidenced by a written statement
  625  from the insured establishing facts demonstrating lack of fault
  626  which are not rebutted by information in the insurer’s file from
  627  which the insurer in good faith determines that the insured was
  628  substantially at fault.
  629         c. In addition to the other provisions of this
  630  subparagraph, an insurer may not fail to renew a policy if the
  631  insured has had only one accident in which he or she was at
  632  fault within the current 3-year period. However, an insurer may
  633  nonrenew a policy for reasons other than accidents in accordance
  634  with s. 627.728. This subparagraph does not prohibit nonrenewal
  635  of a policy under which the insured has had three or more
  636  accidents, regardless of fault, during the most recent 3-year
  637  period.
  638         4. Imposing or requesting an additional premium for, or
  639  refusing to renew, a policy for motor vehicle insurance solely
  640  because the insured committed a noncriminal traffic infraction
  641  as described in s. 318.14 unless the infraction is:
  642         a. A second infraction committed within an 18-month period,
  643  or a third or subsequent infraction committed within a 36-month
  644  period.
  645         b. A violation of s. 316.183, when such violation is a
  646  result of exceeding the lawful speed limit by more than 15 miles
  647  per hour.
  648         5. Upon the request of the insured, the insurer and
  649  licensed agent shall supply to the insured the complete proof of
  650  fault or other criteria which justifies the additional charge or
  651  cancellation.
  652         6. No insurer shall impose or request an additional premium
  653  for motor vehicle insurance, cancel or refuse to issue a policy,
  654  or refuse to renew a policy because the insured or the applicant
  655  is a handicapped or physically disabled person, so long as such
  656  handicap or physical disability does not substantially impair
  657  such person’s mechanically assisted driving ability.
  658         7. No insurer may cancel or otherwise terminate any
  659  insurance contract or coverage, or require execution of a
  660  consent to rate endorsement, during the stated policy term for
  661  the purpose of offering to issue, or issuing, a similar or
  662  identical contract or coverage to the same insured with the same
  663  exposure at a higher premium rate or continuing an existing
  664  contract or coverage with the same exposure at an increased
  665  premium.
  666         8. No insurer may issue a nonrenewal notice on any
  667  insurance contract or coverage, or require execution of a
  668  consent to rate endorsement, for the purpose of offering to
  669  issue, or issuing, a similar or identical contract or coverage
  670  to the same insured at a higher premium rate or continuing an
  671  existing contract or coverage at an increased premium without
  672  meeting any applicable notice requirements.
  673         9. No insurer shall, with respect to premiums charged for
  674  motor vehicle insurance, unfairly discriminate solely on the
  675  basis of age, sex, marital status, or scholastic achievement.
  676         10. Imposing or requesting an additional premium for motor
  677  vehicle comprehensive or uninsured motorist coverage solely
  678  because the insured was involved in a motor vehicle accident or
  679  was convicted of a moving traffic violation.
  680         11. No insurer shall cancel or issue a nonrenewal notice on
  681  any insurance policy or contract without complying with any
  682  applicable cancellation or nonrenewal provision required under
  683  the Florida Insurance Code.
  684         12. No insurer shall impose or request an additional
  685  premium, cancel a policy, or issue a nonrenewal notice on any
  686  insurance policy or contract because of any traffic infraction
  687  when adjudication has been withheld and no points have been
  688  assessed pursuant to s. 318.14(9) and (10). However, this
  689  subparagraph does not apply to traffic infractions involving
  690  accidents in which the insurer has incurred a loss due to the
  691  fault of the insured.
  692         Section 14. Section 627.4553, Florida Statutes, is amended
  693  to read:
  694         627.4553 Recommendations to surrender.—If an insurance
  695  agent recommends the surrender of an annuity or life insurance
  696  policy containing a cash value and does not recommend that the
  697  proceeds from the surrender be used to fund or purchase another
  698  annuity or life insurance policy, before execution of the
  699  surrender, the insurance agent, or insurance company if no agent
  700  is involved, shall provide written , on a form that satisfies
  701  the requirements of the rule adopted by the department,
  702  information relating to the annuity or policy to be surrendered.
  703  Such information shall include, but is not limited to, the
  704  amount of any surrender charge, the loss of any minimum interest
  705  rate guarantees, the possibility amount of any tax consequences
  706  resulting from the transaction, the amount of any forfeited
  707  death benefit, and the value of any other investment performance
  708  guarantees being forfeited as a result of the transaction. The
  709  agent shall maintain a copy of the information and the date that
  710  the information was provided to the owner. This section also
  711  applies to a person performing insurance agent activities
  712  pursuant to an exemption from licensure under this part.
  713         Section 15. Subsection (2) of section 631.341, Florida
  714  Statutes, is amended to read:
  715         631.341 Notice of insolvency to policyholders by insurer,
  716  general agent, or agent.—
  717         (2) Unless, within 15 days subsequent to the date of such
  718  notice, all agents referred to in subsection (1) have either
  719  replaced or reinsured in a solvent authorized insurer the
  720  insurance coverages placed by or through such agent in the
  721  delinquent insurer, such agents shall then, by registered or
  722  certified mail, or by e-mail with delivery receipt required,
  723  send to the last known address of any policyholder a written
  724  notice of the insolvency of the delinquent insurer.
  725         Section 16. Paragraph (d) of subsection (1) of section
  726  648.355, Florida Statutes, is amended to read:
  727         648.355 Temporary limited license as limited surety agent
  728  or professional bail bond agent; pending examination.—
  729         (1) The department may, in its discretion, issue a
  730  temporary license as a limited surety agent or professional bail
  731  bond agent, subject to the following conditions:
  732         (d) Within 4 years prior to the date of application for a
  733  temporary license, the applicant has successfully completed a
  734  basic certification course in the criminal justice system,
  735  consisting of at least not less than 120 hours of classroom
  736  instruction with a passing grade of 80 percent or higher and has
  737  successfully completed a 20 hour correspondence course for bail
  738  bond agents approved by the department.
  739         Section 17. Paragraph (a) of subsection (1) of section
  740  648.386, Florida Statutes, is amended to read:
  741         648.386 Qualifications for prelicensing and continuing
  742  education schools and instructors.—
  743         (1) SCHOOLS AND CURRICULUM FOR PRELICENSING SCHOOLS.—In
  744  order to be considered for approval and certification as an
  745  approved limited surety agent and professional bail bond agent
  746  prelicensing school, such entity must:
  747         (a)1. Offer a minimum of two 120-hour classroom-instruction
  748  basic certification course courses in the criminal justice
  749  system approved by the department per calendar year unless a
  750  reduced number of course offerings per calendar year is
  751  warranted in accordance with rules promulgated by the
  752  department; or
  753         2. Offer a bail bond agents department-approved
  754  correspondence course approved by the pursuant to department
  755  rules.
  756         Section 18. This act shall take effect July 1, 2015.