Senate Bill sb2174

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    Florida Senate - 2001                                  SB 2174

    By Senator Holzendorf





    2-1274-01

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         624.318, F.S.; requiring access to records by

  4         the department; repealing s. 624.501(11) and

  5         (23), F.S.; repealing provisions establishing

  6         specified fees; amending s. 626.112, F.S.;

  7         prohibiting certain activities that constitute

  8         solicitation of insurance by unlicensed

  9         persons; amending s. 626.171, F.S.; revising

10         agent application requirements; creating s.

11         626.202, F.S.; requiring fingerprinting of

12         specified persons; amending s. 626.431, F.S.;

13         extending the nonappointment period to 48

14         months; amending s. 626.521, F.S.; requiring

15         certain information upon demand of the

16         department; amending s. 626.541, F.S.;

17         requiring notification to the department of

18         certain name changes and other information;

19         amending s. 626.5715, F.S.; removing a

20         requirement that the Department of Insurance

21         adopt rules to assure parity of regulation;

22         providing that the Insurance Code applies to

23         all transactions; amending s. 626.601, F.S.;

24         revising a confidentiality provision; amending

25         s. 626.611, F.S.; prohibiting the sale of

26         unregistered securities; amending ss. 626.741,

27         626.792, 626.835, F.S.; limiting the authority

28         of certain nonresident licenses to that granted

29         by the resident state; amending s. 626.8427,

30         F.S.; revising provisions governing the

31         duration of licenses; amending s. 626.856,

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  1         F.S.; revising the definition of the term

  2         "company employee adjuster"; amending s.

  3         626.872, F.S.; limiting the term of a temporary

  4         adjuster's license; amending s. 626.873, F.S.;

  5         revising a catchline regarding nonresident

  6         company adjusters; amending s. 627.927;

  7         limiting an experience requirement for surplus

  8         lines agents; extending a renewal grace period;

  9         creating s. 626.9531, F.S.; requiring the

10         identification of certain persons in

11         advertisements and other communications;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsection (2) of section 624.318, Florida

17  Statutes, is amended to read:

18         624.318  Conduct of examination or investigation;

19  access to records; correction of accounts; appraisals.--

20         (2)  Every person being examined or investigated, and

21  its officers, attorneys, employees, agents, and

22  representatives, shall make freely available to the department

23  or its examiners or investigators the accounts, records,

24  documents, files, information, assets, and matters in their

25  possession or control relating to the subject of the

26  examination or investigation. An agent who provides other

27  products or services or maintains customer information not

28  related to insurance must maintain records relating to

29  insurance products and transactions separately if necessary to

30  give the department access to such records. If records

31  relating to the insurance transactions are maintained by an

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  1  agent on premises owned or operated by a third party, the

  2  agent and the third party must provide access to the records

  3  by the department.

  4         Section 2.  Subsections (11) and (23) of section

  5  624.501, are repealed.

  6         Section 3.  Subsection (1) of section 626.112, Florida

  7  Statutes, is amended and subsection (8) is added to that

  8  section to read:

  9         626.112  License and appointment required; agents,

10  customer representatives, solicitors, adjusters, insurance

11  agencies, service representatives, managing general agents.--

12         (1)(a)  No person may shall be, act as, or advertise or

13  hold himself or herself out to be an insurance agent, customer

14  representative, solicitor, or adjuster unless he or she is

15  currently licensed and appointed.

16         (b)  Except as provided in subsection (6), a license as

17  an insurance agent, service representative, solicitor,

18  customer representative, or limited customer representative is

19  required to solicit insurance. For purposes of this paragraph,

20  the solicitation of insurance includes:

21         1.  Describing the benefits or terms of insurance

22  coverage, including premiums or rates of return;

23         2.  Providing an application, enrollment form, or other

24  document by which insurance coverage is effectuated;

25         3.  Receiving an initial premium payment;

26         4.  Distributing an invitation to contract to

27  prospective purchasers;

28         5.  Making general or specific recommendations

29  regarding insurance products;

30         6.  Accepting orders or applications for insurance

31  products;

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  1         7.  Answering questions from prospective purchasers

  2  regarding insurance products; and

  3         8.  Otherwise attempting to persuade any person to

  4  purchase an insurance product.

  5

  6  However, an employer or employee leasing company licensed

  7  pursuant to chapter 468 which has contracted with an employer

  8  and is the employer for purposes of the contract may provide

  9  or receive enrollment forms or take action to effectuate

10  coverage of employees under a group insurance policy or group

11  health maintenance organization contract issued to the

12  employer.

13         (8)  Except as permitted by ss. 626.753, 626.794, and

14  626.838, a person may not pay or receive any fee or other

15  consideration for referring prospective purchasers to an

16  agent, which payment is dependent upon whether the prospect

17  purchases insurance.

18         Section 4.  Subsections (2) and (5) of section 626.171,

19  Florida Statutes, are amended to read:

20         626.171  Application for license.--

21         (2)  In the application, the applicant shall set forth:

22         (a)  His or her full name, age, social security number,

23  residence, and place of business, and occupation for the

24  5-year period preceding the date of application.

25         (b)  His or her qualifications for the license, as

26  follows:

27         1.  What efforts he or she has made or intends to make

28  to become familiar with the insurance laws of this state and

29  with the provisions of the contracts to be negotiated.

30         2.  What insurance experience he or she has had, if

31  any.

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  1         3.  What insurance instruction he or she has had or

  2  expects to receive.

  3         4.  What approved insurance courses he or she

  4         (b)  Proof that he or she has completed or is in the

  5  process of completing any required prelicensing course which

  6  may be used to meet any educational requirements.

  7         (c)  Whether he or she has been refused or has

  8  voluntarily surrendered or has had suspended or revoked a

  9  license to solicit insurance by the department or by the

10  supervising officials of any state.

11         (d)  Whether any insurer or any managing general agent

12  claims the applicant is indebted under any agency contract or

13  otherwise and, if so, the name of the claimant, the nature of

14  the claim, and the applicant's defense thereto, if any.

15         (e)  Proof that the applicant meets the requirements

16  for the type of license for which he or she is applying

17  Whether the applicant will devote all or part of his or her

18  efforts to acting as an insurance representative and, if part

19  only, how much time will be devoted to such work and in what

20  other business or businesses he or she is engaged or employed.

21         (f)  Such other or additional information as the

22  department may deem proper to enable it to determine the

23  character, experience, ability, and other qualifications of

24  the applicant to hold himself or herself out to the public as

25  an insurance representative.

26         (5)  An application for a license as an agent, customer

27  representative, solicitor, adjuster, insurance agency, service

28  representative, managing general agent, or reinsurance

29  intermediary must, or claims investigator shall be accompanied

30  by a set of the individual applicant's fingerprints, or, if

31  the applicant is not an individual, by a set of the

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  1  fingerprints of the sole proprietor, majority owner, partners,

  2  officers, and or directors, on a form adopted by rule of the

  3  department and accompanied by the fingerprint processing fee

  4  set forth in s. 624.501.  The fingerprints shall be certified

  5  by a law enforcement officer.

  6         Section 5.  Section 626.202, Florida Statutes, is

  7  created to read:

  8         626.202  Fingerprinting requirements.--If there is a

  9  change in ownership or control of any entity licensed under

10  this chapter, or if a new partner, officer, or director is

11  employed or appointed, a set of fingerprints of the new owner,

12  partner, officer, or director must be filed with the

13  department within 30 days after the change. The acquisition of

14  10 percent or more of a the voting securities of a licensed

15  entity is considered a change of ownership or control. The

16  fingerprints must be certified by a law enforcement officer

17  and be accompanied by the fingerprint processing fee in s.

18  624.501.

19         Section 6.  Subsections (2) and (3) of section 626.431,

20  Florida Statutes, are amended to read:

21         626.431  Effect of expiration of license and

22  appointment.--

23         (2)  When a licensee's last appointment for a

24  particular class of insurance has been terminated or not

25  renewed, the department must notify the licensee that his or

26  her eligibility for appointment as such an appointee will

27  expire unless he or she is appointed prior to expiration of

28  the 48-month 24-month period referred to in subsection (3).

29         (3)  An individual who fails to maintain an appointment

30  with an appointing entity writing the class of business listed

31  on his or her license during any 48-month 24-month period

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  1  shall not be granted an appointment for that class of

  2  insurance until he or she qualifies as a first-time applicant.

  3         Section 7.  Subsection (2) of section 626.521, Florida

  4  Statutes, is amended to read:

  5         626.521  Character, credit reports.--

  6         (2)  If requested by the department Within 60 days

  7  after such appointment or employment has been made or

  8  commenced, the insurer, manager, general agent, general lines

  9  agent, or employer, as the case may be, shall furnish to the

10  department on a form furnished by the department, such

11  information as it may reasonably require relative to such

12  individual and investigation.

13         Section 8.  Section 626.541, Florida Statutes, is

14  amended to read:

15         626.541  Firm, corporate, and business names; officers;

16  associates; notice of changes.--

17         (1)  Any licensed agent or adjuster doing business

18  under a firm or corporate name or under any business name

19  other than his or her own individual name, within 30 days

20  after the initial insurance transaction under the business

21  name, must file shall annually on or before January 1 file

22  with the department, on forms furnished by it, a written

23  statement of the firm, corporate, or business name being so

24  used, the address of any office or offices or places of

25  business making use of such name, and the name and social

26  security number of each officer and director of the

27  corporation and of each individual associated in such firm or

28  corporation as to the insurance transactions thereof or in the

29  use of such business name.

30         (2)  In the event of any change of such name, or of any

31  of the officers and directors, or of any of such addresses, or

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  1  in the personnel so associated, written notice of such change

  2  must shall be filed with the department within 30 60 days by

  3  or on behalf of those licensees terminating any such firm,

  4  corporate, or business name or continuing to operate

  5  thereunder.

  6         (3)  Any licensed insurance agency shall, within 30

  7  days after a change, promptly, but in no event later than

  8  annually on or before January 1, notify the department of any

  9  change in the information contained in the application filed

10  pursuant to s. 626.172.

11         Section 9.  Section 626.5715, Florida Statutes, is

12  amended to read:

13         626.5715  Parity of regulation of insurance agents and

14  agencies.--The Insurance Code requirements apply equally to

15  all department shall adopt rules to assure the parity of

16  regulation in this state of insurance transactions as between

17  an insurance agency owned by or an agent associated with a

18  federally chartered financial institution, an insurance agency

19  owned by or an agent associated with a state-chartered

20  financial institution, and an insurance agency owned by or an

21  agent associated with an entity that is not a financial

22  institution. Except as provided in the code, one Such rules

23  shall be limited to assuring that no insurance agency or agent

24  is not subject to more stringent or less stringent regulation

25  than another insurance agency or agent on the basis of the

26  regulatory status of the entity that owns the agency or is

27  associated with the agent.  For the purposes of this section,

28  a person is "associated with" another entity if the person is

29  employed by, retained by, under contract to, or owned or

30  controlled by the entity directly or indirectly.  This section

31  does not apply with respect to a financial institution that is

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  1  prohibited from owning an insurance agency or that is

  2  prohibited from being associated with an insurance agent under

  3  state or federal law.

  4         Section 10.  Subsection (6) of section 626.601, Florida

  5  Statutes, is amended to read:

  6         626.601  Improper conduct; inquiry; fingerprinting.--

  7         (6)  The complaint and any information obtained

  8  pursuant to the investigation by the department are

  9  confidential and are exempt from the provisions of s. 119.07,

10  unless the department files a formal administrative complaint,

11  emergency order, or consent order against the licensee, or

12  unless the licensee waives confidentiality. Nothing in this

13  subsection shall be construed to prevent the department from

14  disclosing the complaint or such information as it deems

15  necessary to conduct the investigation, to update the

16  complainant as to the status and outcome of the complaint, or

17  to share such information with any law enforcement agency.

18         Section 11.  Subsection (16) is added to section

19  626.611, Florida Statutes, to read:

20         626.611  Grounds for compulsory refusal, suspension, or

21  revocation of agent's, title agency's, solicitor's,

22  adjuster's, customer representative's, service

23  representative's, or managing general agent's license or

24  appointment.--The department shall deny an application for,

25  suspend, revoke, or refuse to renew or continue the license or

26  appointment of any applicant, agent, title agency, solicitor,

27  adjuster, customer representative, service representative, or

28  managing general agent, and it shall suspend or revoke the

29  eligibility to hold a license or appointment of any such

30  person, if it finds that as to the applicant, licensee, or

31

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  1  appointee any one or more of the following applicable grounds

  2  exist:

  3         (16)  Sale of an unregistered security that was

  4  required to be registered, pursuant to chapter 517.

  5         Section 12.  Subsection (2) of section 626.741, Florida

  6  Statutes, is amended to read:

  7         626.741  Nonresident agents; licensing and

  8  restrictions.--

  9         (2)  The department shall not, however, issue any

10  license and appointment to any nonresident who has an office

11  or place of business in this state, or who has any direct or

12  indirect pecuniary interest in any insurance agent, insurance

13  agency, or in any solicitor licensed as a resident of this

14  state; nor to any individual who does not, at the time of

15  issuance and throughout the existence of the Florida license,

16  hold a license as agent or broker issued by the state of his

17  or her residence; nor to any individual who is employed by any

18  insurer as a service representative or who is a managing

19  general agent in any state, whether or not also licensed in

20  another state as an agent or broker.  The foregoing

21  requirement to hold a similar license in the applicant's state

22  of residence does not apply to customer representatives unless

23  the home state licenses residents of that state in a like

24  manner.  The prohibition against having an office or place of

25  business in this state does not apply to customer

26  representatives who are required to conduct business solely

27  within the confines of the office of a licensed and appointed

28  Florida resident general lines agent in this state. The

29  authority of such nonresident license is limited to the

30  specific lines of authority granted in the license issued by

31  the agent's state of residence. The department shall have

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  1  discretion to refuse to issue any license or appointment to a

  2  nonresident when it has reason to believe that the applicant

  3  by ruse or subterfuge is attempting to avoid the intent and

  4  prohibitions contained in this subsection or to believe that

  5  any of the grounds exist as for suspension or revocation of

  6  license as set forth in ss. 626.611 and 626.621.

  7         Section 13.  Subsection (6) of section 626.792, Florida

  8  Statutes, is amended to read:

  9         626.792  Nonresident agents.--

10         (6)  The licensee shall, throughout the existence of

11  the Florida nonresident life license and appointment, hold a

12  license as a resident life agent in his or her state of

13  residence. The authority of the nonresident license is limited

14  to the specific lines of authority granted in the license

15  issued by the agent's state of residence.

16         Section 14.  Subsection (6) of section 626.835, Florida

17  Statutes, is amended to read:

18         626.835  Nonresident agents.--

19         (6)  The licensee shall, throughout the existence of

20  his or her Florida nonresident health license and appointment,

21  hold a license as a resident health agent in his or her state

22  of residence. The authority of the nonresident license is

23  limited to the specific lines of authority granted in the

24  license issued by the agent's state of residence.

25         Section 15.  Section 626.8427, Florida Statutes, is

26  amended to read:

27         626.8427  Number of applications for licensure

28  required; exemption; effect of expiration of license.--

29         (1)  After a license as a title insurance agent has

30  been issued to a title insurance agent, the agent is not

31  required to file another license application for a similar

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  1  license, irrespective of the number of insurers to be

  2  represented by the agent, unless:

  3         (a)  The agent is specifically ordered by the

  4  department to complete a new application; or

  5         (b)  During any period of 48 24 months since the filing

  6  of the original license application, the agent was not

  7  appointed, unless in the case of individuals the failure to be

  8  so appointed was due to military service, in which event the

  9  period within which a new application is not required may, in

10  the discretion of the Department of Insurance, be extended for

11  12 months following the date of discharge from military

12  service if the military service does not exceed 3 years, but

13  in no event shall the period be extended under this clause for

14  a period of more than 6 4 years from the date of filing the

15  original application.

16         (2)  The department shall not charge a fee for filing

17  an application for license with respect to any applicant for

18  license who is exempted under this section from filing an

19  application.

20         (3)  Upon the expiration or termination of a title

21  insurance agent's appointment, the title insurance agent is

22  without authority conferred by the license and shall not

23  engage or attempt to engage in any activity requiring a title

24  insurance agent's license and appointment.  The agent shall

25  not again be granted an appointment until he or she fully

26  qualifies therefor as provided in this chapter.  An

27  application shall be required in all cases for qualification

28  of a new title insurance agent's license when application is

29  made after the expiration of 4 2 years from the date of the

30  expiration or termination of the last appointment held by a

31  licensee.

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  1         Section 16.  Section 626.856, Florida Statutes, is

  2  amended to read:

  3         626.856  "Company employee adjuster" defined.--A

  4  "company employee adjuster" is a person employed on an

  5  insurer's staff of adjusters or a wholly owned subsidiary of

  6  the insurer, and who undertakes on behalf of such insurer or

  7  other insurers under common control or ownership to ascertain

  8  and determine the amount of any claim, loss, or damage payable

  9  under a contract of insurance, or undertakes to effect

10  settlement of such claim, loss, or damage.

11         Section 17.  Subsection (3) of section 626.872, Florida

12  Statutes, is amended to read:

13         626.872  Temporary license.--

14         (3)  In no event shall An adjuster licensed under this

15  section may not adjust losses in this state after expiration

16  of the temporary license without having been issued passed the

17  written examination as for a regular adjuster's license.

18         Section 18.  Section 626.873, Florida Statutes, is

19  amended to read:

20         626.873  Nonresident adjusters and nonresident company

21  employee adjusters.--

22         (1)  The department shall, upon application therefor,

23  issue a license to an applicant for a nonresident adjuster's

24  license upon determining that the applicant has paid the

25  applicable license fees required under s. 624.501 and:

26         (a)  Is a currently licensed insurance adjuster in his

27  or her home state, if such state requires a license.

28         (b)  Is an employee of an insurer, or a wholly owned

29  subsidiary of an insurer, admitted to do business in this

30  state.

31

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  1         (c)  Has filed a certificate or letter of authorization

  2  from the insurance department of his or her home state, if

  3  such state requires an adjuster to be licensed, stating that

  4  he or she holds a current license or authorization to adjust

  5  insurance losses.  Such certificate or authorization must be

  6  signed by the insurance commissioner, or his or her deputy, of

  7  the adjuster's home state and must reflect whether or not the

  8  adjuster has ever had his or her license or authorization in

  9  the adjuster's home state suspended or revoked and, if such is

10  the case, the reason for such action.

11         (2)  Any individual who holds a Florida nonresident

12  adjuster's license, upon becoming a resident of this state

13  may, for a period not to exceed 90 days, continue to adjust

14  claims in this state under his or her nonresident license and

15  appointment. Such individual must make application for

16  resident licensure and must become licensed as a resident

17  adjuster within 90 days of becoming a resident of this state.

18         (3)  Upon becoming a resident of this state, an

19  individual who holds a Florida nonresident adjuster's license

20  is no longer eligible for licensure as a nonresident adjuster

21  if such individual fails to make application for a resident

22  license and become licensed as a resident adjuster within 90

23  days.  Such individual may apply for a resident license

24  pursuant to s. 626.865, s. 626.866, or s. 626.867.

25         Section 19.  Subsections (1) and (7) of section

26  626.927, Florida Statutes, are amended to read:

27         626.927  Licensing of surplus lines agent.--

28         (1)  Any individual while licensed and appointed as a

29  resident general lines agent as to property, casualty, and

30  surety insurances, and who is deemed by the department to have

31  had sufficient experience in the insurance business to be

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  1  competent for the purpose, and who, within the 4 years

  2  immediately preceding the date the application was submitted,

  3  has a minimum of 1 year's experience working for a licensed

  4  surplus lines agent or who has successfully completed 60 class

  5  hours in surplus and excess lines in a course approved by the

  6  department, may be licensed as a surplus lines agent, upon

  7  taking and successfully passing a written examination as to

  8  surplus lines, as given by the department.

  9         (7)  Any individual who has been licensed by the

10  department as a surplus lines agent as provided in this

11  section may be subsequently appointed without additional

12  written examination if his or her application for appointment

13  is filed with the department within 48 24 months next

14  following the date of cancellation or expiration of the prior

15  appointment.  The department may, in its discretion, require

16  any individual to take and successfully pass an examination as

17  for original issuance of license as a condition precedent to

18  the reinstatement or continuation of the licensee's current

19  license or reinstatement or continuation of the licensee's

20  appointment.

21         Section 20.  Section 626.9531, Florida Statutes, is

22  created to read:

23         626.9531  Identification of insurers, agents, and

24  insurance contracts.--Advertising materials and oral and

25  written communications of insurers, insurance agents, and

26  other related persons must clearly indicate that the insured

27  or prospective insured is or will be dealing with an insurer

28  or insurance agent regarding an insurance product.

29         Section 21.  This act shall take effect July 1, 2001.

30

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  2                          SENATE SUMMARY

  3    Revises provisions relating to the sale of insurance and
      licensure of insurance agents. (See bill for details.)
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