Senate Bill sb1436c1

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    Florida Senate - 2002                           CS for SB 1436

    By the Committee on Banking and Insurance; and Senator Posey





    311-1888-02

  1                      A bill to be entitled

  2         An act relating to insurance company

  3         representatives; providing legislative findings

  4         and intent; creating s. 626.015, F.S.;

  5         providing definitions; creating s. 626.025,

  6         F.S.; requiring insurance agents to comply with

  7         certain consumer protection laws; amending s.

  8         626.171, F.S.; requiring the department to

  9         accept a uniform application for nonresident

10         agent licensing; creating s. 626.175, F.S.;

11         providing for Department of Insurance issuance

12         of temporary licenses under certain

13         circumstances; providing requirements and

14         procedures; providing for fees; creating s.

15         626.207, F.S.; requiring the department to

16         adopt rules establishing waiting periods for

17         applicants for licensure under certain

18         circumstances; authorizing the department to

19         adopt rules providing for penalties for

20         licensees under certain circumstances; amending

21         s. 626.221, F.S.; exempting customer

22         representatives and adjusters with certain

23         designations, agents transferring their

24         licenses from other states, and certain

25         applicants for nonresident agent licensure from

26         certain examination requirements under certain

27         circumstances; amending s. 626.2815, F.S.;

28         specifying additional continuing education

29         requirements; creating s. 626.292, F.S.;

30         providing requirements and procedures for

31         certain agents licensed in other states to

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  1         transfer their licenses to this state under

  2         certain circumstances; amending s. 626.301,

  3         F.S.; revising the form and content of licenses

  4         issued by the department; creating s. 626.536,

  5         F.S.; requiring agents to report to the

  6         department certain final dispositions of

  7         administrative actions taken against the agent;

  8         authorizing the department to adopt rules to

  9         implement the requirement; amending s. 626.551,

10         F.S.; extending the time period allowed for

11         licensees to notify the department of a change

12         of address or name; providing for fines for

13         failure to timely report such information to

14         the department; creating ss. 626.7315,

15         626.7845, and 626.8305, F.S.; prohibiting

16         engaging in specified general lines insurance

17         activities, life insurance activities, or

18         health insurance activities without a license;

19         amending s. 626.732, F.S.; specifying

20         additional requirements relating to knowledge,

21         experience, or instruction for certain customer

22         representatives and service representatives;

23         specifying additional classroom and

24         correspondence course instruction requirements;

25         amending s. 626.738, F.S.; specifying

26         cancellation of solicitor licenses and

27         conversion to general lines insurance agent

28         licenses; amending ss. 626.741, 626.792, and

29         626.835, F.S.; authorizing the department to

30         issue a nonresident general lines agent, life

31         agent, or health agent license to certain

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  1         individuals under certain circumstances;

  2         authorizing the department to enter into

  3         reciprocal agreements with other states to

  4         waive certain examinations under certain

  5         circumstances; authorizing the department to

  6         verify the nonresident applicant's licensing

  7         status through a database; creating s.

  8         626.7455, F.S.; prohibiting insurers from

  9         entering into agreements with unlicensed

10         persons to manage certain business of the

11         insurer; providing an exception; amending ss.

12         626.7851 and 626.8311, F.S.; specifying

13         additional classroom and correspondence course

14         instruction requirements; amending s. 626.852,

15         F.S.; exempting from insurance adjusters

16         provisions persons adjusting only

17         multiple-peril crop insurance or crop hail

18         claims; amending s. 626.902, F.S.; increasing a

19         criminal penalty for representing an

20         unauthorized insurer; providing a penalty for

21         subsequent violations; amending ss. 624.11,

22         624.509, 626.094, 626.112, 626.321, 626.727,

23         626.729, 626.730, 626.7454, 626.779, 626.790,

24         626.8411, 626.927, 626.992, 629.401, and

25         648.27, F.S., to conform; amending s. 626.032,

26         F.S., relating to a definition of

27         administrative agent; amending ss. 624.311,

28         624.523, 624.507, 626.0428, 626.141, 626.112,

29         626.171, 626.221, 626.2815, 626.321, 626.451,

30         626.511, 626.521, 626.561, 626.601, 626.611,

31         626.621, 626.641, 626.651, 626.730, 626.745,

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  1         626.9541, 627.776, 631.155, 631.341, 634.318,

  2         641.37, and 642.041, F.S., to conform;

  3         repealing ss. 624.505(2), 626.727(2), 626.737,

  4         626.738, and 626.862(2), F.S., to conform;

  5         repealing ss. 626.031, 626.041, 626.051,

  6         626.062, 626.071, 626.072, 626.081, 626.091,

  7         626.094, 626.101, 626.102, 626.103, and

  8         626.104, F.S., relating to definitions;

  9         repealing ss. 626.736, 626.737, and 626.738,

10         F.S., relating to solicitors; repealing s.

11         626.739, F.S., relating to certain temporary

12         licenses; repealing s. 626.740, F.S., relating

13         to certain temporary limited licenses;

14         repealing ss. 626.790 and 626.791, F.S.,

15         relating to certain temporary licenses;

16         providing effective dates.

17

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

19

20         Section 1.  Legislative findings and intent.--The

21  Legislature finds that Subtitle C of the federal

22  Gramm-Leach-Bliley Act, 15 U.S.C.A., s. 6751, et seq.,

23  requires states to achieve uniformity or reciprocity in

24  producer licensing but not at the expense of state laws

25  designed to protect insurance consumers.  The Legislature

26  finds that the Gramm-Leach-Bliley Act expressly saves from

27  alteration state consumer protection laws unless inconsistent

28  with that act. Therefore, it is the intent of the Legislature

29  to achieve compliance with the uniformity and reciprocity

30  requirements of Subtitle C of the Gramm-Leach-Bliley Act,

31  while exercising its authority under that act to preserve

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  1  insurance consumer protection laws not inconsistent with these

  2  requirements.

  3         Section 2.  Subsection (2) of section 624.11, Florida

  4  Statutes, is amended to read:

  5         624.11  Compliance required.--

  6         (2)  Any risk retention group organized and existing

  7  under the provisions of the Product Liability Risk Retention

  8  Act of 1981 (Pub. L. No. 97-45), which has been licensed as an

  9  insurance company and authorized to engage in the business of

10  insurance may transact insurance in this state and shall be

11  subject to the provisions of ss. 624.15, 624.316, 624.418,

12  624.421, 624.4211, 624.422, 624.509, 626.041, 626.112,

13  626.611, 626.621, 626.731, 626.741, 626.932, 626.938,

14  626.9541, 627.351, and 627.915; part I of chapter 631; and all

15  other applicable provisions of the laws of this state.  Any

16  such group formed in another jurisdiction shall furnish to the

17  department, upon request, a copy of any financial report

18  submitted by the group in the licensing jurisdiction.

19         Section 3.  Paragraph (b) of subsection (5) of section

20  624.509, Florida Statutes, is amended to read:

21         624.509  Premium tax; rate and computation.--

22         (5)  There shall be allowed a credit against the net

23  tax imposed by this section equal to 15 percent of the amount

24  paid by the insurer in salaries to employees located or based

25  within this state and who are covered by the provisions of

26  chapter 443. For purposes of this subsection:

27         (b)  The term "employees" does not include independent

28  contractors or any person whose duties require that the person

29  hold a valid license under the Florida Insurance Code, except

30  persons defined in s. 626.015(1), (15), and (17) ss. 626.081,

31  626.091, and 626.101.

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  1         Section 4.  Section 626.015, Florida Statutes, is

  2  created to read:

  3         626.015  Definitions.--As used in this part:

  4         (1)  "Adjuster" means a public adjuster as defined in

  5  s. 626.854, independent adjuster as defined in s. 626.855, or

  6  company employee adjuster as defined in s. 626.856.

  7         (2)  "Administrative agent" means a life agent or

  8  health agent who:

  9         (a)  Is employed by a full-time licensed life agent or

10  health agent who shall supervise and be accountable for the

11  actions of the administrative agent.

12         (b)  Performs primarily administrative functions.

13         (c)  Receives no insurance commissions.

14         (d)  Does not solicit or transact business outside of

15  the confines of an insurance agency office.

16         (3)  "Agent" means a general lines agent, life agent,

17  health agent, or title agent, or all such agents, as indicated

18  by context. The term "agent" includes an insurance producer or

19  producer, but does not include a customer representative,

20  limited customer representative, or service representative.

21         (4)  "Appointment" means the authority given by an

22  insurer or employer to a licensee to transact insurance or

23  adjust claims on behalf of an insurer or employer.

24         (5)  "Customer representative" means an individual

25  appointed by a general lines agent or agency to assist that

26  agent or agency in transacting the business of insurance from

27  the office of that agent or agency.

28         (6)  "Department" means the Department of Insurance.

29         (7)  "General lines agent" means an agent transacting

30  any one or more of the following kinds of insurance:

31         (a)  Property insurance.

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  1         (b)  Casualty insurance, including commercial liability

  2  insurance underwritten by a risk retention group, a commercial

  3  self-insurance fund as defined in s. 624.462, or a workers'

  4  compensation self-insurance fund established pursuant to s.

  5  624.4621.

  6         (c)  Surety insurance.

  7         (d)  Health insurance, when transacted by an insurer

  8  also represented by the same agent as to property or casualty

  9  or surety insurance.

10         (e)  Marine insurance.

11         (8)  "Health agent" means an agent representing a

12  health maintenance organization or, as to health insurance

13  only, an insurer transacting health insurance.

14         (9)  "Home state" means the District of Columbia and

15  any state or territory of the United States in which an

16  insurance agent maintains his or her principal place of

17  residence and is licensed to act as an insurance agent.

18         (10)  "Insurance agency" means a business location at

19  which an individual, firm, partnership, corporation,

20  association, or other entity, other than an employee of the

21  individual, firm, partnership, corporation, association, or

22  other entity and other than an insurer as defined by s. 624.03

23  or an adjuster as defined by subsection (1), engages in any

24  activity or employs individuals to engage in any activity

25  which by law may be performed only by a licensed insurance

26  agent.

27         (11)  "License" means a document issued by the

28  department authorizing a person to be appointed to transact

29  insurance or adjust claims for the kind, line, or class of

30  insurance identified in the document.

31

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  1         (12)  "Life agent" means an individual representing an

  2  insurer as to life insurance and annuity contracts, including

  3  agents appointed to transact life insurance, fixed-dollar

  4  annuity contracts, or variable contracts by the same insurer.

  5         (13)  "Limited customer representative" means a

  6  customer representative appointed by a general lines agent or

  7  agency to assist that agent or agency in transacting only the

  8  business of private passenger motor vehicle insurance from the

  9  office of that agent or agency. A limited customer

10  representative is subject to the Florida Insurance Code in the

11  same manner as a customer representative, unless otherwise

12  specified.

13         (14)  "Limited lines insurance" means those categories

14  of business specified in ss. 626.321 and 635.011.

15         (15)  "Line of authority" means a kind, line, or class

16  of insurance an agent is authorized to transact.

17         (16)(a)  "Managing general agent" means any person

18  managing all or part of the insurance business of an insurer,

19  including the management of a separate division, department,

20  or underwriting office, and acting as an agent for that

21  insurer, whether known as a managing general agent, manager,

22  or other similar term, who, with or without authority,

23  separately or together with affiliates, produces directly or

24  indirectly, or underwrites an amount of gross direct written

25  premium equal to or more than 5 percent of the policyholder

26  surplus as reported in the last annual statement of the

27  insurer in any single quarter or year and also does one or

28  more of the following:

29         1.  Adjusts or pays claims.

30         2.  Negotiates reinsurance on behalf of the insurer.

31

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  1         (b)  The following persons shall not be considered

  2  managing general agents:

  3         1.  An employee of the insurer.

  4         2.  A United States manager of the United States branch

  5  of an alien insurer.

  6         3.  An underwriting manager managing all the insurance

  7  operations of the insurer pursuant to this contract, who is

  8  under the common control of the insurer subject to regulation

  9  under ss. 628.801-628.803, and whose compensation is not based

10  on the volume of premiums written.

11         4.  Administrators as defined by s. 626.88.

12         5.  The attorney in fact authorized by and acting for

13  the subscribers of a reciprocal insurer under powers of

14  attorney.

15         (17)  "Resident" means an individual domiciled and

16  residing in this state.

17         (18)  "Service representative" means an individual

18  employed by an insurer or managing general agent for the

19  purpose of assisting a general lines agent in negotiating and

20  effecting insurance contracts when accompanied by a licensed

21  general lines agent.  A service representative shall not be

22  simultaneously licensed as a general lines agent in this

23  state.

24         (19)  "Uniform application" means the uniform

25  application of the National Association of Insurance

26  Commissioners for nonresident agent licensing, effective

27  January 15, 2001, or subsequent versions adopted by rule by

28  the department.

29         Section 5.  Section 626.025, Florida Statutes, is

30  created to read:

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  1         626.025  Consumer protections.--To transact insurance,

  2  agents shall comply with consumer protection laws, including

  3  the following, as applicable:

  4         (1)  Continuing education requirements for resident and

  5  nonresident agents, as required in s. 626.2815.

  6         (2)  Fingerprinting requirements for resident and

  7  nonresident agents, as required under s. 626.171 or s.

  8  626.202.

  9         (3)  Fingerprinting following a department

10  investigation under s. 626.601.

11         (4)  The submission of credit and character reports, as

12  required by s. 626.171 or s. 626.521.

13         (5)  Qualifications for licensure as an agent in s.

14  626.731, s. 626.741, s. 626.785, s. 626.792, s. 626.831, or s.

15  626.835.

16         (6)  Examination requirements in s. 626.221, s.

17  626.741, s. 626.792, or s. 626.835.

18         (7)  Required licensure of certain insurance agencies

19  under s. 626.172.

20         (8)  Requirements for licensure of resident and

21  nonresident agents in s. 626.112, s. 626.321, s. 626.731, s.

22  626.741, s. 626.785, s. 626.831, s. 626.835, or s. 626.792.

23         (9)  The prohibition against nonresident agents having

24  a place of business in the state, a pecuniary interest in an

25  insurance business in the state, or a financial interest in an

26  insurance agency in the state, under s. 626.741, s. 626.835,

27  or s. 626.792.

28         (10)  The prohibition against employees of the United

29  States Department of Veterans Affairs being licensed as life

30  agents or health agents, under s. 626.788 or s. 626.833.

31

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  1         (11)  The prohibition against licensed life agents or

  2  health agents who are members of the United States Armed

  3  Services selling insurance products to those of a lower

  4  military rank, under s. 626.789 or s. 626.834.

  5         (12)  Countersignature of insurance policies, as

  6  required under s. 624.425, s. 624.426, or s. 626.741.

  7         (13)  Designation of a primary agent by an insurance

  8  agency under s. 626.592.

  9         (14)  The code of ethics for life insurance agents, as

10  set forth in s. 626.797.

11         (15)  The prohibition against the designation of a life

12  insurance agent as the beneficiary of life insurance policy

13  sold to an individual other than a family member under s.

14  626.798.

15         (16)  Any other licensing requirement, restriction, or

16  prohibition designated a consumer protection by the Insurance

17  Commissioner, but not inconsistent with the requirements of

18  Subtitle C of the Gramm-Leach-Bliley Act, 15, U.S.C.A., s.

19  6751, et seq.

20         Section 6.  Section 626.032, Florida Statutes, is

21  amended to read:

22         626.032  Administrative agents "Administrative agent"

23  defined; continuing education and designation required.--

24         (1)  As used in this part, "administrative agent" means

25  a life agent or health agent who:

26         (a)  Is employed by a full-time licensed life agent or

27  health agent who shall supervise and be accountable for

28  actions of the administrative agent.

29         (b)  Performs primarily administrative functions.

30         (c)  Receives no insurance commissions.

31

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  1         (d)  Does not solicit or transact business outside of

  2  the confines of an insurance agency office.

  3         (1)(2)  An administrative agent is subject to all

  4  requirements of this code applicable to life agents or health

  5  agents, except that the number of hours of continuing

  6  education required of an administrative agent under s.

  7  626.2815 is one-half the number of hours of continuing

  8  education required of a life agent or health agent.

  9         (2)(3)  An agent may request, and the department must

10  grant, a designation of "administrative agent" to be

11  prominently printed on the agent's license.  The request shall

12  be filed on a form furnished by the department with the

13  administrative agent's application filing fee of $10 and

14  license modification fee established by s. 624.501(16).

15         (3)(4)  An administrative agent who desires removal of

16  the "administrative agent" designation may apply to the

17  department, on forms furnished by the department with an

18  application filing fee of $10 and license modification fee

19  established pursuant to s. 624.501(16).  If, during the 24

20  months preceding the application, the administrative agent

21  completed the full continuing education requirements specified

22  in s. 626.2815, the department shall remove the designation

23  from the agent's license.

24         Section 7.  Section 626.094, Florida Statutes, is

25  amended to read:

26         626.094  "Insurance agency" defined.--An "insurance

27  agency" is a business location at which an individual, firm,

28  partnership, corporation, association, or other entity, except

29  for an employee of the individual, firm, partnership,

30  corporation, association, or other entity, and other than an

31  insurer as defined by  s. 624.03 or an adjuster as defined by

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  1  s. 626.015 626.101, engages in any activity or employs

  2  individuals to engage in any activity which by law may be

  3  performed only by a licensed insurance agent or solicitor.

  4         Section 8.  Section 626.112, Florida Statutes, is

  5  amended to read:

  6         626.112  License and appointment required; agents,

  7  customer representatives, solicitors, adjusters, insurance

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

  9         (1)(a)  No person may be, act as, or advertise or hold

10  himself or herself out to be an insurance agent, customer

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

12  currently licensed and appointed.

13         (b)  Except as provided in subsection (6) or in

14  applicable department rules, and in addition to other conduct

15  described in this chapter with respect to particular types of

16  agents, a license as an insurance agent, service

17  representative, solicitor, customer representative, or limited

18  customer representative is required in order to engage in the

19  solicitation of insurance. For purposes of this requirement,

20  as applicable to any of the license types described in this

21  section, the solicitation of insurance is the attempt to

22  persuade any person to purchase an insurance product by:

23         1.  Describing the benefits or terms of insurance

24  coverage, including premiums or rates of return;

25         2.  Distributing an invitation to contract to

26  prospective purchasers;

27         3.  Making general or specific recommendations as to

28  insurance products;

29         4.  Completing orders or applications for insurance

30  products; or

31

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  1         5.  Comparing insurance products, advising as to

  2  insurance matters, or interpreting policies or coverages.

  3

  4  However, an employee leasing company licensed pursuant to

  5  chapter 468 which is seeking to enter into a contract with an

  6  employer that identifies products and services offered to

  7  employees may deliver proposals for the purchase of employee

  8  leasing services to prospective clients of the employee

  9  leasing company setting forth the terms and conditions of

10  doing business; classify employees as permitted by s. 468.529;

11  collect information from prospective clients and other sources

12  as necessary to perform due diligence on the prospective

13  client and to prepare a proposal for services; provide and

14  receive enrollment forms, plans, and other documents; and

15  discuss or explain in general terms the conditions,

16  limitations, options, or exclusions of insurance benefit plans

17  available to the client or employees of the employee leasing

18  company were the client to contract with the employee leasing

19  company. Any advertising materials or other documents

20  describing specific insurance coverages must identify and be

21  from a licensed insurer or its licensed agent or a licensed

22  and appointed agent employed by the employee leasing company.

23  The employee leasing company may not advise or inform the

24  prospective business client or individual employees of

25  specific coverage provisions, exclusions, or limitations of

26  particular plans. As to clients for which the employee leasing

27  company is providing services pursuant to s. 468.525(4), the

28  employee leasing company may engage in activities permitted by

29  ss. 626.7315, 626.7845, and 626.8305 626.041, 626.051, and

30  626.062, subject to the restrictions specified in those

31  sections. If a prospective client requests more specific

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  1  information concerning the insurance provided by the employee

  2  leasing company, the employee leasing company must refer the

  3  prospective business client to the insurer or its licensed

  4  agent or to a licensed and appointed agent employed by the

  5  employee leasing company.

  6         (2)  No agent or, customer representative, or solicitor

  7  shall solicit or otherwise transact as agent or, customer

  8  representative, or solicitor, or represent or hold himself or

  9  herself out to be an agent or, customer representative, or

10  solicitor as to, any kind or kinds of insurance as to which he

11  or she is not then licensed and appointed.

12         (3)  No person shall act as an adjuster as to any class

13  of business for which he or she is not then licensed and

14  appointed.

15         (4)  No person shall be, act as, or represent or hold

16  himself or herself out to be a service representative unless

17  he or she then holds a currently effective service

18  representative license and appointment. This subsection does

19  not apply as to similar representatives or employees of

20  casualty insurers whose duties are restricted to health

21  insurance.

22         (5)  No person shall be, act as, or represent or hold

23  himself or herself out to be a managing general agent unless

24  he or she then holds a currently effective managing general

25  agent license and appointment.

26         (6)  An individual employed by a life or health insurer

27  as an officer or other salaried representative may solicit and

28  effect contracts of life insurance or annuities or of health

29  insurance, without being licensed as an agent, when and only

30  when he or she is accompanied by and solicits for and on the

31  behalf of a licensed and appointed agent.

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  1         (7)(a)  No individual, firm, partnership, corporation,

  2  association, or any other entity shall act in its own name or

  3  under a trade name, directly or indirectly, as an insurance

  4  agency, when required to be licensed by this subsection,

  5  unless it complies with s. 626.172 with respect to possessing

  6  an insurance agency license for each place of business at

  7  which it engages in any activity which may be performed only

  8  by a licensed insurance agent or solicitor.

  9         (b)  An insurance agency shall, as a condition

10  precedent to continuing business, obtain an insurance agency

11  license if the department finds that, with respect to any

12  majority owner, partner, manager, director, officer, or other

13  person who manages or controls the agency, any person has,

14  subsequent to the effective date of this act:

15         1.  Been found guilty of, or has pleaded guilty or nolo

16  contendere to, a felony in this state or any other state

17  relating to the business of insurance or to an insurance

18  agency, without regard to whether a judgment of conviction has

19  been entered by the court having jurisdiction of the cases.

20         2.  Employed any individual in a managerial capacity or

21  in a capacity dealing with the public who is under an order of

22  revocation or suspension issued by the department.  An

23  insurance agency may request, on forms prescribed by the

24  department, verification of any person's license status. If a

25  request is mailed within 5 working days after an employee is

26  hired, and the employee's license is currently suspended or

27  revoked, the agency shall not be required to obtain a license,

28  if the unlicensed person's employment is immediately

29  terminated.

30         3.  Operated the agency or permitted the agency to be

31  operated in violation of s. 626.747.

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  1         4.  With such frequency as to have made the operation

  2  of the agency hazardous to the insurance-buying public or

  3  other persons:

  4         a.  Solicited or handled controlled business.  This

  5  subparagraph shall not prohibit the licensing of any lending

  6  or financing institution or creditor, with respect to

  7  insurance only, under credit life or disability insurance

  8  policies of borrowers from the institutions, which policies

  9  are subject to part IX of chapter 627.

10         b.  Misappropriated, converted, or unlawfully withheld

11  moneys belonging to insurers, insureds, beneficiaries, or

12  others and received in the conduct of business under the

13  license.

14         c.  Unlawfully rebated, attempted to unlawfully rebate,

15  or unlawfully divided or offered to divide commissions with

16  another.

17         d.  Misrepresented any insurance policy or annuity

18  contract, or used deception with regard to any policy or

19  contract, done either in person or by any form of

20  dissemination of information or advertising.

21         e.  Violated any provision of this code or any other

22  law applicable to the business of insurance in the course of

23  dealing under the license.

24         f.  Violated any lawful order or rule of the

25  department.

26         g.  Failed or refused, upon demand, to pay over to any

27  insurer he or she represents or has represented any money

28  coming into his or her hands belonging to the insurer.

29         h.  Violated the provision against twisting as defined

30  in s. 626.9541(1)(l).

31

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  1         i.  In the conduct of business, engaged in unfair

  2  methods of competition or in unfair or deceptive acts or

  3  practices, as prohibited under part IX of this chapter.

  4         j.  Willfully overinsured any property insurance risk.

  5         k.  Engaged in fraudulent or dishonest practices in the

  6  conduct of business arising out of activities related to

  7  insurance or the insurance agency.

  8         l.  Demonstrated lack of fitness or trustworthiness to

  9  engage in the business of insurance arising out of activities

10  related to insurance or the insurance agency.

11         m.  Authorized or knowingly allowed individuals to

12  transact insurance who were not then licensed as required by

13  this code.

14         5.  Knowingly employed any person who within the

15  preceding 3 years has had his or her relationship with an

16  agency terminated in accordance with paragraph (d).

17         6.  Willfully circumvented the requirements or

18  prohibitions of this code.

19         (c)  An agency required to be licensed in accordance

20  with paragraph (b) shall remain so licensed for a period of 3

21  years from the date of licensure unless the license is

22  suspended or revoked in accordance with law. The department

23  may revoke or suspend the agency authority to do business for

24  activities occurring during the time the agency is licensed,

25  regardless of whether the licensing period has terminated.

26         (d)  Notwithstanding the provisions of this subsection,

27  no insurance agency shall be required to apply for an agency

28  license if such agency can prove to the department that:

29         1.  The agency is severing its relationship with each

30  majority owner, partner, manager, director, officer, or other

31

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  1  person who managed or controlled such agency and who violated

  2  any of the provisions of paragraph (b).

  3         2.  No such majority owner, partner, manager, director,

  4  officer, or other person who managed such agency is to be

  5  affiliated with such agency in any capacity for a period of 3

  6  years from the date of such severance.

  7         (8)  No insurance agent, insurance agency, or other

  8  person licensed under the Insurance Code may pay any fee or

  9  other consideration to an unlicensed person other than an

10  insurance agency for the referral of prospective purchasers to

11  an insurance agent which is in any way dependent upon whether

12  the referral results in the purchase of an insurance product.

13         Section 9.  Subsections (1) and (5) of section 626.171,

14  Florida Statutes, are amended to read:

15         626.171  Application for license.--

16         (1)  The department shall not issue a license as agent,

17  customer representative, adjuster, insurance agency, service

18  representative, managing general agent, or reinsurance

19  intermediary to any person except upon written application

20  therefor filed with it, qualification therefor, and payment in

21  advance of all applicable fees.  Any such application shall be

22  made under the oath of the applicant and be signed by the

23  applicant. Beginning November 1, 2002, the department shall

24  accept the uniform application for nonresident agent

25  licensing.  The department may adopt revised versions of the

26  uniform application by rule.

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

28  representative, solicitor, adjuster, insurance agency, service

29  representative, managing general agent, or reinsurance

30  intermediary must be accompanied by a set of the individual

31  applicant's fingerprints, or, if the applicant is not an

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  1  individual, by a set of the fingerprints of the sole

  2  proprietor, majority owner, partners, officers, and directors,

  3  on a form adopted by rule of the department and accompanied by

  4  the fingerprint processing fee set forth in s. 624.501.  The

  5  fingerprints shall be certified by a law enforcement officer.

  6         Section 10.  Section 626.175, Florida Statutes, is

  7  created to read:

  8         626.175  Temporary licensing.--

  9         (1)  The department may issue a nonrenewable temporary

10  license for a period not to exceed 6 months authorizing

11  appointment of a general lines insurance agent or a life

12  agent, or an industrial fire or burglary agent, subject to the

13  conditions described in this section.  The fees paid for a

14  temporary license and appointment shall be as specified in s.

15  624.501. Fees paid shall not be refunded after a temporary

16  license has been issued.

17         (a)1.  In the case of a general lines agent, the

18  department may issue a temporary license to an employee, a

19  family member, a business associate, or a personal

20  representative of a licensed general lines agent for the

21  purpose of continuing or winding up the business affairs of

22  the agent or agency in the event the licensed agent has died

23  or become unable to perform his or her duties because of

24  military service or illness or other physical or mental

25  disability, subject to the following conditions:

26         a.  No other individual connected with the agent's

27  business may be licensed as a general lines agent.

28         b.  The proposed temporary licensee shall be qualified

29  for a regular general lines agent license under this code

30  except as to residence, examination, education, or experience.

31

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  1         c.  Application for the temporary license shall have

  2  been made by the applicant upon statements and affidavit filed

  3  with the department on forms prescribed and furnished by the

  4  department.

  5         d.  Under a temporary license and appointment, the

  6  licensee shall not represent any insurer not last represented

  7  by the agent being replaced and shall not be licensed or

  8  appointed as to any additional kind, line, or class of

  9  insurance other than those covered by the last existing agency

10  appointments of the replaced agent.  If an insurer withdraws

11  from the agency during the temporary license period, the

12  temporary licensee may be appointed by another similar insurer

13  but only for the period remaining under the temporary license.

14         2.  A regular general lines agent license may be issued

15  to a temporary licensee upon meeting the qualifications for a

16  general lines agent license under s. 626.731.

17         (b)  In the case of a life agent, the department may

18  issue a temporary license:

19         1.  To the executor or administrator of the estate of a

20  deceased individual licensed and appointed as a life agent at

21  the time of death;

22         2.  To a surviving next of kin of the deceased

23  individual, if no administrator or executor has been appointed

24  and qualified; however, any license and appointment under this

25  subparagraph shall be canceled upon issuance of a license to

26  an executor or administrator under subparagraph 1.; or

27         3.  To an individual otherwise qualified to be licensed

28  as an agent who has completed the educational or training

29  requirements prescribed in s. 626.7851 and has successfully

30  sat for the required examination prior to termination of such

31  6-month period.  The department may issue this temporary

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  1  license only in the case of a life agent to represent an

  2  insurer of the industrial or ordinary-combination class.

  3         (c)  In the case of a limited license authorizing

  4  appointment as an industrial fire or burglary agent, the

  5  department may issue a temporary license to an individual

  6  otherwise qualified to be licensed as an agent who has

  7  completed the educational or training requirements prescribed

  8  in s. 626.732 and has successfully sat for the required

  9  examination prior to termination of the 6-month period.

10         (2)  If an absent or disabled agent being replaced

11  under a temporary license returns or becomes able to resume

12  the active conduct of the agency, or if the disposition of the

13  affairs of the agency of a deceased or mentally incompetent

14  agent is completed, or the temporary licensee has qualified

15  for a regular license, before expiration otherwise of the

16  temporary license, the temporary license shall terminate.

17         (3)  If, during the 6-month temporary license and

18  appointment period, the applicant passes the licensing

19  examination, the temporary license shall terminate and a

20  license shall be issued by the department after payment of a

21  modification fee as prescribed in s. 624.501.

22         (4)  An application for a temporary license shall be

23  made by the applicant upon statements and affidavit filed with

24  the department on forms prescribed and furnished by the

25  department.

26         (5)  Except as provided in this section, the holder of

27  a temporary license shall be subject to the Florida Insurance

28  Code to the same extent as regularly licensed and appointed

29  agents.

30

31

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  1         (6)  The department may limit the authority of any

  2  temporary licensee in any way deemed necessary to protect

  3  insureds and the public.

  4         (7)  The department may issue to an applicant only one

  5  temporary license for each kind, line, or class of insurance

  6  or a single temporary license covering multiple lines.

  7         Section 11.  Section 626.207, Florida Statutes, is

  8  created to read:

  9         626.207  Department rulemaking authority; waiting

10  periods for applicants; penalties against licensees.--

11         (1)  The department shall adopt rules establishing

12  specific waiting periods for applicants to become eligible for

13  licensure following denial, suspension, or revocation pursuant

14  to s. 626.611, s. 626.621, s. 626.8437, s. 626.844, s.

15  626.935, s. 626.9917, s. 634.181, s. 634.191, s. 634.320, s.

16  634.321, s. 634.422, s. 634.423, s. 642.041, or s. 642.043.

17  The purpose of the waiting periods is to provide sufficient

18  time to demonstrate reformation of character and

19  rehabilitation.  The waiting periods shall vary based on the

20  type of conduct and the length of time since the conduct

21  occurred and shall also be based on the probability that the

22  propensity to commit illegal conduct has been overcome.  The

23  waiting periods may be adjusted based on aggravating and

24  mitigating factors established by rule and consistent with

25  this purpose.

26         (2)  The department shall adopt rules establishing

27  specific penalties against licensees for violations of s.

28  626.611, s. 626.621, s. 626.8437, s. 626.844, s. 626.935, s.

29  626.9917, s. 634.181, s. 634.191, s. 634.320, s. 634.321, s.

30  634.422, s. 634.423, s. 642.041, or s. 642.043.  The purpose

31  of the revocation or suspension is to provide a sufficient

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  1  penalty to deter future violations of the Florida Insurance

  2  Code.  The imposition of a revocation or the length of

  3  suspension shall be based on the type of conduct and the

  4  probability that the propensity to commit further illegal

  5  conduct has been overcome at the time of eligibility for

  6  relicensure.  The revocation or the length of suspension may

  7  be adjusted based on aggravating or mitigating factors,

  8  established by rule and consistent with this purpose.

  9         Section 12.  Section 626.221, Florida Statutes, is

10  amended to read:

11         626.221  Examination requirement; exemptions.--

12         (1)  The department shall not issue any license as

13  agent, solicitor, customer representative, or adjuster to any

14  individual who has not qualified for, taken, and passed to the

15  satisfaction of the department a written examination of the

16  scope prescribed in s. 626.241.

17         (2)  However, no such examination shall be necessary in

18  any of the following cases:

19         (a)  An applicant for renewal of appointment as an

20  agent, solicitor, customer representative, or adjuster, unless

21  the department determines that an examination is necessary to

22  establish the competence or trustworthiness of such applicant.

23         (b)  An applicant for limited license as agent for

24  personal accident insurance, baggage and motor vehicle excess

25  liability insurance, credit life or disability insurance,

26  credit insurance, credit property insurance, or in-transit and

27  storage personal property insurance.

28         (c)  In the discretion of the department, an applicant

29  for reinstatement of license or appointment as an agent,

30  customer representative, or adjuster whose license has been

31

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  1  suspended within 2 years prior to the date of application or

  2  written request for reinstatement.

  3         (d)  An applicant who, within 2 years prior to

  4  application for license and appointment as an agent, customer

  5  representative, or adjuster, was a full-time salaried employee

  6  of the department and had continuously been such an employee

  7  with responsible insurance duties for not less than 2 years

  8  and who had been a licensee within 2 years prior to employment

  9  by the department with the same class of license as that being

10  applied for.

11         (e)  An individual who qualified as a solicitor,

12  managing general agent, service representative, customer

13  representative, or all-lines adjuster by passing a general

14  lines agent's examination and subsequently was licensed and

15  appointed and has been actively engaged in all lines of

16  property and casualty insurance may, upon filing an

17  application for appointment, be licensed and appointed as a

18  general lines agent for the same kinds of business without

19  taking another examination if he or she holds any such

20  currently effective license referred to in this paragraph or

21  held the license within 24 months prior to the date of filing

22  the application with the department.

23         (f)  A person who has been licensed and appointed by

24  the department as a public adjuster or independent adjuster,

25  or licensed and appointed either as an agent or company

26  adjuster as to all property, casualty, and surety insurances,

27  may be licensed and appointed as a company adjuster as to any

28  of such insurances, or as an independent adjuster or public

29  adjuster, without additional written examination if an

30  application for appointment is filed with the department

31

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  1  within 24 months following the date of cancellation or

  2  expiration of the prior appointment.

  3         (g)  A person who has been licensed by the department

  4  as an adjuster for motor vehicle, property and casualty,

  5  workers' compensation, and health insurance may be licensed as

  6  such an adjuster without additional written examination if his

  7  or her application for appointment is filed with the

  8  department within 24 months after cancellation or expiration

  9  of the prior license.

10         (h)  An applicant for temporary license, except as

11  provided in this code.

12         (i)  An applicant for license as a nonresident agent,

13  if so provided in this code.

14         (i)(j)  An applicant for a life or health license who

15  has received the designation of chartered life underwriter

16  (CLU) from the American College of Life Underwriters and who

17  has been engaged in the insurance business within the past 4

18  years, except that such an individual a person may be examined

19  on pertinent provisions of this code.

20         (j)(k)  An applicant for license as a general lines

21  agent, solicitor, customer representative, or adjuster who has

22  received the designation of chartered property and casualty

23  underwriter (CPCU) from the American Institute for Property

24  and Liability Underwriters and who has been engaged in the

25  insurance business within the past 4 years, except that such

26  an individual a person may be examined on pertinent provisions

27  of this code.

28         (k)(l)  An applicant for license as a customer

29  representative who has the designation of Accredited Advisor

30  in Insurance (AAI) from the Insurance Institute of America,

31  the designation of Certified Insurance Counselor (CIC) from

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  1  the Society of Certified Insurance Service Counselors, the

  2  designation of Accredited Customer Service Representative

  3  (ACSR) from the Independent Insurance Agents of America, the

  4  designation of Certified Professional Service Representative

  5  (CPSR) from the National Association of Professional Insurance

  6  Agents, the designation of Certified Insurance Service

  7  Representative (CISR) from the Society of Certified Insurance

  8  Service Representatives. Also, an applicant for license as a

  9  customer representative who has the designation of Certified

10  Customer Service Representative (CCSR) from the Florida

11  Association of Insurance Agents, or the designation of

12  Registered Customer Service Representative (RCSR) from a

13  regionally accredited postsecondary institution in this state,

14  or the designation of Professional Customer Service

15  Representative (PCSR) from the Professional Career Institute,

16  whose curriculum has been approved by the department and whose

17  curriculum includes comprehensive analysis of basic property

18  and casualty lines of insurance and testing at least equal to

19  that of standard department testing for the customer

20  representative license. The department shall adopt rules

21  establishing standards for the approval of curriculum.

22         (l)(m)  An applicant for license as an adjuster who has

23  the designation of Accredited Claims Adjuster (ACA) from a

24  regionally accredited postsecondary institution in this state,

25  or the designation of Professional Claims Adjuster (PCA) from

26  the Professional Career Institute, whose curriculum has been

27  approved by the department and whose curriculum includes

28  comprehensive analysis of basic property and casualty lines of

29  insurance and testing at least equal to that of standard

30  department testing for the all-lines adjuster license. The

31

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  1  department shall adopt rules establishing standards for the

  2  approval of curriculum.

  3         (m)  An applicant qualifying for a license transfer

  4  under s. 626.292, if the applicant:

  5         1.  Has successfully completed the prelicensing

  6  examination requirements in the applicant's previous state

  7  which are substantially equivalent to the examination

  8  requirements in this state, as determined by the Insurance

  9  Commissioner of this state;

10         2.  Has received the designation of chartered property

11  and casualty underwriter (CPCU) from the American Institute

12  for Property and Liability Underwriters and has been engaged

13  in the insurance business within the past 4 years if applying

14  to transfer a general lines agent license; or

15         3.  Has received the designation of chartered life

16  underwriter (CLU) from the American College of Life

17  Underwriters and has been engaged in the insurance business

18  within the past 4 years, if applying to transfer a life or

19  health agent license.

20         (n)  An applicant for a nonresident agent license, if

21  the applicant:

22         1.  Has successfully completed prelicensing examination

23  requirements in the applicant's home state which are

24  substantially equivalent to the examination requirements in

25  this state, as determined by the Insurance Commissioner of

26  this state, as a requirement for obtaining a resident license

27  in his or her home state;

28         2.  Held a general lines agent license, life agent

29  license, or health agent license prior to the time a written

30  examination was required;

31

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  1         3.  Has received the designation of chartered property

  2  and casualty underwriter (CPCU) from the American Institute

  3  for Property and Liability Underwriters and has been engaged

  4  in the insurance business within the past 4 years, if an

  5  applicant for a nonresident license as a general lines agent;

  6  or

  7         4.  Has received the designation of chartered life

  8  underwriter (CLU) from the American College of Life

  9  Underwriters and has been in the insurance business within the

10  past 4 years, if an applicant for a nonresident license as a

11  life agent or health agent.

12         (3)  An individual who is already licensed as a

13  solicitor or customer representative shall not be licensed as

14  a general lines agent without application and examination for

15  such license.

16         Section 13.  Paragraph (a) of subsection (3) of section

17  626.2815, Florida Statutes, is amended to read:

18         626.2815  Continuing education required; application;

19  exceptions; requirements; penalties.--

20         (3)(a)  Each person subject to the provisions of this

21  section must, except as set forth in paragraphs (b) and (c),

22  complete a minimum of 28 hours of continuing education courses

23  every 2 years in basic or higher-level courses prescribed by

24  this section or in other courses approved by the department.

25  Each person subject to the provisions of this section must

26  complete, as part of their required number of continuing

27  education hours, a minimum of 2 hours of continuing education,

28  approved by the department, every 2 years on the subject

29  matter of unauthorized entities engaging in the business of

30  insurance. The scope of the topic of unauthorized entities

31  shall include the Florida Nonprofit Multiple Employer Welfare

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  1  Arrangement Act and the Employee Retirement Income Security

  2  Act, 29 U.S.C. s. 1001, et seq., as it relates to the

  3  provision of health insurance by employers to their employees

  4  and the regulation thereof.

  5         Section 14.  Section 626.292, Florida Statutes, is

  6  created to read:

  7         626.292  Transfer of license from another state.--

  8         (1)  Any individual licensed in good standing in

  9  another state may apply to the department to have the license

10  transferred to this state to obtain a Florida resident agent

11  license for the same lines of authority covered by the license

12  in the other state.

13         (2)  To qualify for a license transfer, an individual

14  applicant must meet the following requirements:

15         (a)  The individual shall become a resident of this

16  state.

17         (b)  The individual shall have been licensed in another

18  state for a minimum of 1 year immediately preceding the date

19  the individual became a resident of this state.

20         (c)  The individual shall submit a completed

21  application for this state which is received by the department

22  within 90 days after the date the individual became a resident

23  of this state, along with payment of the applicable fees set

24  forth in s. 624.501 and submission of the following documents:

25         1.  A certification issued by the appropriate official

26  of the applicant's home state identifying the type of license

27  and lines of authority under the license and stating that, at

28  the time the license from the home state was cancelled, the

29  applicant was in good standing in that state or that the

30  state's Producer Database records, maintained by the National

31  Association of Insurance Commissioners, its affiliates, or

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  1  subsidiaries, indicate that the agent is or was licensed in

  2  good standing for the line of authority requested.

  3         2.  A set of the individual applicant's fingerprints in

  4  accordance with s. 626.171(5).

  5         (d)  The individual shall satisfy prelicensing

  6  education requirements in this state, unless the completion of

  7  prelicensing education requirements was a prerequisite for

  8  licensure in the other state and the prelicensing education

  9  requirements in the other state are substantially equivalent

10  to the prelicensing requirements of this state as determined

11  by the Insurance Commissioner of this state.

12         (e)  The individual shall satisfy the examination

13  requirement under s. 626.221, unless exempt thereunder.

14         (3)  An applicant satisfying the requirements for a

15  license transfer under subsection (2) shall be approved for

16  licensure in this state unless the department finds that

17  grounds exist under s. 626.611 or s. 626.621 for refusal,

18  suspension, or revocation of a license.

19         Section 15.  Section 626.301, Florida Statutes, is

20  amended to read:

21         626.301  Form and contents of licenses, in

22  general.--Each license issued by the department shall be in

23  such form as the department may designate and contain show the

24  licensee's name, lines of authority classes of insurance the

25  licensee is authorized to transact, the licensee's personal

26  identification number, the date of issuance, and any other

27  information the department deems necessary to fully identify

28  the licensee and the authority being granted the name of the

29  licensee.  The department may by rule require photographs of

30  applicants as a part of the licensing process.

31

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  1         Section 16.  Paragraphs (b) and (f) of subsection (1)

  2  of section 626.321, Florida Statutes, are amended to read:

  3         626.321  Limited licenses.--

  4         (1)  The department shall issue to a qualified

  5  individual, or a qualified individual or entity under

  6  paragraphs (c), (d), and (e), a license as agent authorized to

  7  transact a limited class of business in any of the following

  8  categories:

  9         (b)  Industrial fire insurance or burglary

10  insurance.--License covering only industrial fire insurance or

11  burglary insurance.  The applicant for such a license shall

12  pass a written examination covering such insurance.  No

13  individual while so licensed shall hold a license as an agent

14  or solicitor as to any other or additional kind or class of

15  insurance coverage except as to life and health insurances.

16         (f)  Credit insurance.--License covering only credit

17  insurance, as such insurance is defined in s. 624.605(1)(i),

18  and no individual or entity so licensed shall, during the same

19  period, hold a license as an agent or solicitor as to any

20  other or additional kind of life or health insurance with the

21  exception of credit life or disability insurance as defined in

22  paragraph (e). The same licensing provisions as outlined in

23  paragraph (e) apply to entities licensed as credit insurance

24  agents under this paragraph.

25         Section 17.  Section 626.536, Florida Statutes, is

26  created to read:

27         626.536  Reporting of actions.--An agent shall submit

28  to the department, within 30 days after the final disposition

29  of any administrative action taken against the agent by a

30  governmental agency in this or any other state or jurisdiction

31  relating to the business of insurance, the sale of securities,

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  1  or activity involving fraud, dishonesty, trustworthiness, or

  2  breach of a fiduciary duty, a copy of the order, consent to

  3  order, or other relevant legal documents. The department may

  4  adopt rules implementing the provisions of this section.

  5         Section 18.  Section 626.551, Florida Statutes, is

  6  amended to read:

  7         626.551  Notice of change of address, name.--Every

  8  licensee shall notify the department in writing within 60 30

  9  days after a change of name, residence address, principal

10  business street address, or mailing address.  Any licensed

11  agent who has moved his or her residence from this state shall

12  have his or her license and all appointments immediately

13  terminated by the department. Failure to notify the department

14  within the required time period shall result in a fine not to

15  exceed $250 for the first offense and, for subsequent

16  offenses, a fine of not less than $500 or suspension or

17  revocation of the license pursuant to s. 626.611 or s.

18  626.621.

19         Section 19.  Section 626.727, Florida Statutes, is

20  amended to read:

21         626.727  Scope of this part.--This part applies only

22  to:

23         (1)  general lines agents, as defined in s. 626.041;

24         (2)  solicitors, as defined in s. 626.071;

25         (3)  customer representatives, as defined in s.

26  626.072; and

27         (4)  service representatives, and as defined in s.

28  626.081, or managing general agents, all as defined in s.

29  626.015 s. 626.091.

30         Section 20.  Section 626.729, Florida Statutes, is

31  amended to read:

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  1         626.729  "Industrial fire insurance" defined.--For the

  2  purposes of this code, "industrial fire insurance" is

  3  insurance against loss by fire of either buildings and other

  4  structures or contents, which may include extended coverage;

  5  windstorm insurance; basic limits owner's, landlord's, or

  6  tenant's liability insurance with single limits of $25,000;

  7  comprehensive personal liability insurance with a single limit

  8  of $25,000; or burglary insurance, under which the premiums

  9  are collected quarterly or more often and the face amount of

10  the insurance provided by the policy on one risk is not more

11  than $50,000, including the contents of such buildings and

12  other structures, and the insurer issuing such policy is

13  operating under a system of collecting a debit by its agents.

14  A temporary license for an industrial fire or burglary agent

15  issued pursuant to s. 626.175 626.740 shall be solely for the

16  purpose of collecting premiums and servicing in-force

17  policies, and such licensee shall not directly or indirectly

18  solicit, negotiate, or effect contracts of insurance.

19         Section 21.  Subsections (1) and (2) of section

20  626.730, Florida Statutes, are amended to read:

21         626.730  Purpose of license.--

22         (1)  The purpose of a license issued under this code to

23  a general lines agent, customer representative, or solicitor

24  is to authorize and enable the licensee actively and in good

25  faith to engage in the insurance business as such an agent,

26  customer representative, or solicitor with respect to the

27  public and to facilitate the public supervision of such

28  activities in the public interest, and not for the purpose of

29  enabling the licensee to receive a rebate of premium in the

30  form of commission or other compensation as an agent or,

31  customer representative, or solicitor or enabling the licensee

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  1  to receive commissions or other compensation based upon

  2  insurance solicited or procured by or through him or her upon

  3  his or her own interests or those of other persons with whom

  4  he or she is closely associated in capacities other than that

  5  of insurance agent or, customer representative, or solicitor.

  6         (2)  The department shall not grant, renew, continue,

  7  or permit to exist any license or appointment as such agent

  8  or, customer representative, or solicitor as to any applicant

  9  therefor or licensee or appointee thereunder if it finds that

10  the license or appointment has been, is being, or will

11  probably be used by the applicant, licensee, or appointee for

12  the purpose of securing rebates or commissions on "controlled

13  business," that is, on insurance written on his or her own

14  interests or those of his or her family or of any firm,

15  corporation, or association with which he or she is

16  associated, directly or indirectly, or in which he or she has

17  an interest other than as to the insurance thereof.

18         Section 22.  Section 626.7315, Florida Statutes, is

19  created to read:

20         626.7315  Prohibition against the unlicensed

21  transaction of general lines insurance.--With respect to any

22  line of authority as defined in s. 626.015, no individual

23  shall, unless licensed as a general lines agent:

24         (1)  Solicit insurance or procure applications

25  therefor;

26         (2)  In this state, receive or issue a receipt for any

27  money on account of or for any insurer, or receive or issue a

28  receipt for money from other persons to be transmitted to any

29  insurer for a policy, contract, or certificate of insurance or

30  any renewal thereof, even though the policy, certificate, or

31

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  1  contract is not signed by him or her as agent or

  2  representative of the insurer;

  3         (3)  Directly or indirectly represent himself or

  4  herself to be an agent of any insurer or as an agent, to

  5  collect or forward any insurance premium, or to solicit,

  6  negotiate, effect, procure, receive, deliver, or forward,

  7  directly or indirectly, any insurance contract or renewal

  8  thereof or any endorsement relating to an insurance contract,

  9  or attempt to effect the same, of property or insurable

10  business activities or interests, located in this state;

11         (4)  In this state, engage or hold himself or herself

12  out as engaging in the business of analyzing or abstracting

13  insurance policies or of counseling or advising or giving

14  opinions, other than as a licensed attorney at law, relative

15  to insurance or insurance contracts, for fee, commission, or

16  other compensation, other than as a salaried bona fide

17  full-time employee so counseling and advising his or her

18  employer relative to the insurance interests of the employer

19  and of the subsidiaries or business affiliates of the

20  employer;

21         (5)  In any way, directly or indirectly, make or cause

22  to be made, or attempt to make or cause to be made, any

23  contract of insurance for or on account of any insurer;

24         (6)  Solicit, negotiate, or in any way, directly or

25  indirectly, effect insurance contracts, if a member of a

26  partnership or association, or a stockholder, officer, or

27  agent of a corporation which holds an agency appointment from

28  any insurer; or

29         (7)  Receive or transmit applications for suretyship,

30  or receive for delivery bonds founded on applications

31  forwarded from this state, or otherwise procure suretyship to

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  1  be effected by a surety insurer upon the bonds of persons in

  2  this state or upon bonds given to persons in this state.

  3         Section 23.  Subsection (1) of section 626.732, Florida

  4  Statutes, is amended, and subsection (4) is added to that

  5  section, to read:

  6         626.732  Requirement as to knowledge, experience, or

  7  instruction.--

  8         (1)  Except as provided in subsection (3), no applicant

  9  for a license as a general lines agent, except for a chartered

10  property and casualty underwriter (CPCU), other than as to a

11  limited license as to baggage and motor vehicle excess

12  liability insurance, credit property insurance, credit

13  insurance, or in-transit and storage personal property

14  insurance, shall be qualified or licensed unless within the 4

15  years immediately preceding the date the application for

16  license is filed with the department the applicant has:

17         (a)  Taught or successfully completed classroom courses

18  in insurance satisfactory to the department at a school,

19  college, or extension division thereof, approved by the

20  department;

21         (b)  Completed a correspondence course in insurance

22  satisfactory to the department and regularly offered by

23  accredited institutions of higher learning in this state and,

24  except if he or she is applying for a limited license under s.

25  626.321, has had at least 6 months of responsible insurance

26  duties as a substantially full-time bona fide employee in all

27  lines of property and casualty insurance set forth in the

28  definition of general lines agent under s. 626.015 s.

29  626.041(1); or

30         (c)  Completed at least 1 year in responsible insurance

31  duties as a substantially full-time bona fide employee in all

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  1  lines of property and casualty insurance, exclusive of

  2  aviation and wet marine and transportation insurances but not

  3  exclusive of boats of less than 36 feet in length or aircraft

  4  not held out for hire, as set forth in the definition of a

  5  general lines agent under s. 626.015 s. 626.041(1), without

  6  the education requirement mentioned in paragraph (a) or

  7  paragraph (b); or

  8         (d)1.  Completed at least 1 year of responsible

  9  insurance duties as a licensed and appointed customer

10  representative in either commercial or personal lines of

11  property and casualty insurance and 40 hours of classroom

12  courses approved by the department covering the areas of

13  property, casualty, surety, health, and marine insurance; or

14         2.  Completed at least 1 year of responsible insurance

15  duties as a licensed and appointed service representative in

16  either commercial or personal lines of property and casualty

17  insurance and 80 hours of classroom courses approved by the

18  department covering the areas of property, casualty, surety,

19  health, and marine insurance.

20         (4)  Classroom and correspondence courses under

21  subsection (1) must include instruction on the subject matter

22  of unauthorized entities engaging in the business of

23  insurance.  The scope of the topic of unauthorized entities

24  shall include the Florida Nonprofit Multiple-Employer Welfare

25  Arrangement Act and the Employee Retirement Income Security

26  Act, 29 U.S.C. s. 1001, et seq., as it relates to the

27  provision of health insurance by employers and the regulation

28  thereof.

29         Section 24.  Effective July 1, 2002, subsections (4)

30  and (5) are added to section 626.738, Florida Statutes, to

31  read:

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  1         626.738  Solicitor's powers; agent's or agency's

  2  responsibility.--

  3         (4)  The department shall not issue or renew solicitor

  4  licenses on or after October 1, 2002. Effective 12:01 a.m.,

  5  October 1, 2002, all solicitor licenses and appointments shall

  6  be canceled by operation of law.  Each solicitor licensee may

  7  have his or her license converted to a general lines agent

  8  license.  No later than August 1, 2002, the department shall

  9  notify existing solicitor licensees of the procedure for

10  converting their license to a general lines agent license,

11  including the requirement of a written request to have the

12  license converted and payment of any required fees.  Upon

13  receipt of the written request and fee, the department shall

14  issue a general lines insurance agent license to the solicitor

15  licensee.  Conversion of existing solicitor licenses to

16  general lines agent licenses shall be completed prior to

17  October 1, 2002.

18         (5)  After the department converts the solicitor

19  license to a general lines agent license, the licensee shall

20  comply with all provisions of the Florida Insurance Code

21  pertaining to general lines agents.

22         Section 25.  Section 626.741, Florida Statutes, is

23  amended to read:

24         626.741  Nonresident agents; licensing and

25  restrictions.--

26         (1)  The department may, upon written application and

27  the payment of the fees as specified in s. 624.501, issue a

28  license as:

29         (a)  A nonresident general lines agent to an individual

30  licensed in his or her home state as a resident agent for the

31  same line of authority as a Florida resident general lines

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  1  agent and who is otherwise qualified therefor under the laws

  2  of this state, but who is not a resident of this state, if by

  3  the laws of the individual's home state of the individual's

  4  residence, residents of this state may be licensed in a

  5  similar like manner as a nonresident agent of his or her home

  6  state.

  7         (b)  A customer representative to an individual who is

  8  otherwise qualified therefor, who is not a resident of this

  9  state, but who is a resident of a state sharing that shares a

10  common boundary with this state.

11         (2)  The department may enter into reciprocal

12  agreements with the appropriate official of any other state

13  waiving the written examination of any applicant resident in

14  that other state if:

15         (a)  In the applicant's home state, a resident of this

16  state is privileged to procure a general lines agent's license

17  upon compliance with the conditions specified in subsection

18  (1) and without discrimination as to fees or otherwise in

19  favor of the residents of the individual's home state.

20         (b)  The appropriate official of the individual's home

21  state certifies that the applicant holds a currently valid

22  license as a resident agent in his or her home state for the

23  same line of authority as a general lines agent in this state.

24         (c)  The applicant satisfies the examination

25  requirement under s. 626.221, or qualifies for an exemption

26  thereunder.

27         (3)(2)  The department shall not, however, issue any

28  license and appointment to any nonresident who has an office

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

30  indirect pecuniary interest in any insurance agent, insurance

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

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

  2  issuance and throughout the existence of the Florida license,

  3  hold a license as agent or broker issued by his or her home

  4  the state of his or her residence; nor to any individual who

  5  is employed by any insurer as a service representative or who

  6  is a managing general agent in any state, whether or not also

  7  licensed in another state as an agent or broker.  The

  8  foregoing requirement to hold a similar license in the

  9  applicant's home state of residence does not apply to customer

10  representatives unless the home state licenses residents of

11  that state in a similar like manner.  The prohibition against

12  having an office or place of business in this state does not

13  apply to customer representatives who are required to conduct

14  business solely within the confines of the office of a

15  licensed and appointed Florida resident general lines agent in

16  this state. The authority of such nonresident license is

17  limited to the specific lines of authority granted in the

18  license issued by the agent's home state of residence and

19  further limited to the specific lines authorized under the

20  nonresident license issued by this state. The department shall

21  have discretion to refuse to issue any license or appointment

22  to a nonresident when it has reason to believe that the

23  applicant by ruse or subterfuge is attempting to avoid the

24  intent and prohibitions contained in this subsection or to

25  believe that any of the grounds exist as for suspension or

26  revocation of license as set forth in ss. 626.611 and 626.621.

27         (4)(3)  Such a nonresident shall not directly or

28  indirectly solicit, negotiate, or effect insurance contracts

29  in this state unless accompanied by a countersigning agent,

30  resident in this state, on such risk.

31

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  1         (5)(4)(a)  All insurance policies as defined in s.

  2  627.402, written under the nonresident agent's license,

  3  including those written or issued pursuant to the Surplus

  4  Lines Law, part VIII, on risks or property located in this

  5  state must be countersigned by a local agent resident of this

  6  state; and it shall be the duty and responsibility of the

  7  nonresident agent, and, if called upon to do so by the

  8  countersigning agent, of the insurer likewise, to assure that

  9  such resident local agent receives the same commission as

10  allowed by the home state of residence of the nonresident

11  agent, but in no event shall the resident local agent receive,

12  accept, or retain less than 50 percent of the usual Florida

13  local agent's commission or 50 percent of the nonresident

14  agent's commission, whichever is less, on policies of

15  insurance covering property as defined in s. 624.604 and

16  insurance covering in whole or in part real property and

17  tangible personal property, including property floater

18  policies.  On all other policies of insurance, including

19  insurance covering motor vehicles, plate glass, burglary,

20  robbery, theft, larceny, boiler and machinery, workers'

21  compensation, fidelity and surety, bodily injury liability,

22  and property damage liability, in no event shall he or she

23  receive, accept, or retain less than 25 percent of the usual

24  Florida local agent's commission or 25 percent of the

25  nonresident agent's commission, whichever is less.

26         (b)  The provisions of this subsection, with respect to

27  resident agent countersignature commission, shall not be

28  applicable to any contracts of insurance purchased by a person

29  whose premiums for insurance in the preceding year of such

30  purchase exceeded $250,000 in the aggregate.  Nothing herein

31  is intended to preclude the negotiation and payment of a

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  1  commission to the countersigning agent to compensate him or

  2  her for services performed or to be performed.

  3         (6)(5)  Any individual who holds a Florida nonresident

  4  agent's license, upon becoming a resident of this state may,

  5  for a period not to exceed 90 days, continue to transact

  6  insurance in this state under the nonresident license and

  7  appointment.  Such individual must make application for

  8  resident licensure and must become licensed as a resident

  9  agent within 90 days of becoming a resident of this state.

10         (7)(6)  Upon becoming a resident of this state, an

11  individual who holds a Florida nonresident agent's license is

12  no longer eligible for licensure as a nonresident agent if

13  such individual fails to make application for a resident

14  license and become licensed as a resident agent within 90

15  days. His or her license and any appointments shall be

16  canceled immediately.  He or she may apply for a resident

17  license pursuant to s. 626.731.

18         (8)(7)  Except as provided in this section and ss.

19  626.742 and 626.743, nonresident agents shall be subject to

20  the same requirements as apply to agents resident in this

21  state.

22         (9)  If available, the department shall verify the

23  nonresident applicant's licensing status through the Producer

24  Database maintained by the National Association of Insurance

25  Commissioners, its affiliates, or subsidiaries.

26         Section 26.  Subsection (6) of section 626.7454,

27  Florida Statutes, is amended to read:

28         626.7454  Managing general agents; duties of

29  insurers.--

30         (6)  An insurer shall review its books and records on a

31  quarterly basis to determine if any producer has become a

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  1  managing general agent as defined in s. 626.015 626.091.  If

  2  the insurer determines that a producer has become a managing

  3  general agent, the insurer shall promptly notify the producer

  4  and the department of such determination and the insurer and

  5  producer must fully comply with the provisions of this section

  6  and ss. 626.7451, 626.7452, and 626.7453 within 30 days after

  7  such determination.

  8

  9  Subsections (1), (3), and (4) do not apply to a managing

10  general agent that is a controlled or controlling person.

11         Section 27.  Section 626.7455, Florida Statutes, is

12  created to read:

13         626.7455  Managing general agent; responsibility of

14  insurer.--

15         (1)  No insurer shall enter into an agreement with any

16  person to manage the business written in this state by the

17  general lines agents appointed by the insurer or appointed by

18  the managing general agent on behalf of the insurer unless the

19  person is properly licensed and appointed as a managing

20  general agent in this state. An insurer shall be responsible

21  for the acts of its managing general agent when the agent acts

22  within the scope of his or her authority.

23         (2)  This section does not apply to surplus lines

24  insurance when written pursuant to the Surplus Lines Law, ss.

25  626.913-626.937.

26         Section 28.  Section 626.779, Florida Statutes, is

27  amended to read:

28         626.779  "Life agent" defined.--For the purposes of

29  this part, a "life agent" is as defined in s. 626.015 626.051.

30         Section 29.  Section 626.7845, Florida Statutes, is

31  created to read:

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  1         626.7845  Prohibition against unlicensed transaction of

  2  life insurance.--

  3         (1)  An individual may not solicit or sell variable

  4  life insurance, variable annuity contracts, or any other

  5  indeterminate value or variable contract as defined in s.

  6  627.8015, unless the individual has successfully completed a

  7  licensure examination relating to variable annuity contracts

  8  authorized and approved by the department.

  9         (2)  Except as provided in s. 626.112(6), with respect

10  to any line of authority specified in s. 626.015(11), no

11  individual shall, unless licensed as a life agent:

12         (a)  Solicit insurance or annuities or procure

13  applications; or

14         (b)  In this state, engage or hold himself or herself

15  out as engaging in the business of analyzing or abstracting

16  insurance policies or of counseling or advising or giving

17  opinions to persons relative to insurance or insurance

18  contracts other than:

19         1.  As a consulting actuary advising an insurer; or

20         2.  As to the counseling and advising of labor unions,

21  associations, trustees, employers, or other business entities,

22  the subsidiaries and affiliates of each, relative to their

23  interests and those of their members or employees under

24  insurance benefit plans.

25         Section 30.  Subsections (1) and (2) of section

26  626.7851, Florida Statutes, are amended to read:

27         626.7851  Requirement as to knowledge, experience, or

28  instruction.--No applicant for a license as a life agent,

29  except for a chartered life underwriter (CLU), shall be

30  qualified or licensed unless within the 4 years immediately

31

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  1  preceding the date the application for a license is filed with

  2  the department he or she has:

  3         (1)  Successfully completed 40 hours of classroom

  4  courses in insurance satisfactory to the department at a

  5  school or college, or extension division thereof, or other

  6  authorized course of study, approved by the department.

  7  Courses must include instruction on the subject matter of

  8  unauthorized entities engaging in the business of insurance,

  9  to include the Florida Nonprofit Multiple-Employer Welfare

10  Arrangement Act and the Employee Retirement Income Security

11  Act, 29 U.S.C. s. 1001, et seq., as it relates to the

12  provision of life insurance by employers to their employees

13  and the regulation thereof;

14         (2)  Successfully completed a correspondence course in

15  insurance satisfactory to the department and regularly offered

16  by accredited institutions of higher learning in this state,

17  approved by the department.  Courses must include instruction

18  on the subject matter of unauthorized entities engaging in the

19  business of insurance, to include the Florida Nonprofit

20  Multiple-Employer Welfare Arrangement Act and the Employee

21  Retirement Income Security Act, 29 U.S.C. s. 1001, et seq., as

22  it relates to the provision of life insurance by employers to

23  their employees and the regulation thereof;

24         Section 31.  Subsection (1) of section 626.790, Florida

25  Statutes, is amended to read:

26         626.790  Temporary license; pending examination.--

27         (1)  Each applicant for a life agent's license to

28  represent an insurer of the industrial or ordinary-combination

29  class may, upon payment of the required license and

30  appointment fees, have issued to him or her a temporary

31  license for a period not exceeding 6 months.  The department

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  1  shall not issue a temporary license as to an ordinary class

  2  agent, except as provided in s. 626.175 626.791.

  3         Section 32.  Subsections (1) and (2) of section

  4  626.792, Florida Statutes, are amended, and subsection (9) is

  5  added to that section, to read:

  6         626.792  Nonresident agents.--

  7         (1)  The department, upon written application and

  8  payment of the fees specified in s. 624.501, may issue a

  9  license as a nonresident life agent to an individual a person

10  not resident of this state, upon compliance with the

11  applicable provisions of this code, if that individual's home

12  the state or province of Canada of such person's residence

13  will accord the same privilege to a resident of this state.

14         (2)  The department may enter into reciprocal

15  agreements with the appropriate official of any other state or

16  province of Canada waiving the written examination of any

17  applicant resident in such other state or province if, in that

18  other state or province, a resident of this state is

19  privileged to procure a life insurance agent's license upon

20  the foregoing conditions and without discrimination as to fees

21  or otherwise in favor of the residents of such other state or

22  province and:

23         (a)  A written examination, substantially equivalent to

24  the examination required by this state, is required of an

25  applicant for a life insurance agent's license in such other

26  state or province.;

27         (b)  The appropriate official of the other state or

28  province certifies that the applicant holds a currently valid

29  license as a life insurance agent in such other state or

30  province and satisfies the examination requirement under s.

31  626.221 or is exempt under such section either passed such a

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  1  written examination or was the holder of a life insurance

  2  agent's license prior to the time a written examination was

  3  required; and

  4         (c)  In such other state or province, a resident of

  5  this state is privileged to procure a life insurance agent's

  6  license upon the foregoing conditions and without

  7  discrimination as to fees or otherwise in favor of the

  8  residents of such other state or province.

  9         (9)  If available, the department shall verify the

10  nonresident applicant's licensing status through the Producer

11  Database maintained by the National Association of Insurance

12  Commissioners, its affiliates or subsidiaries.

13         Section 33.  Section 626.8305, Florida Statutes, is

14  created to read:

15         626.8305  Prohibition against the unlicensed

16  transaction of health insurance.--Except as provided in s.

17  626.112(6), with respect to any line of authority specified in

18  s. 626.015(7), no individual shall, unless licensed as a

19  health agent:

20         (1)  Solicit insurance or procure applications; or

21         (2)  In this state, engage or hold himself or herself

22  out as engaging in the business of analyzing or abstracting

23  insurance policies or of counseling or advising or giving

24  opinions to persons relative to insurance contracts other

25  than:

26         (a)  As a consulting actuary advising insurers; or

27         (b)  As to the counseling and advising of labor unions,

28  associations, trustees, employers, or other business entities,

29  the subsidiaries and affiliates of each, relative to their

30  interests and those of their members or employees under

31  insurance benefit plans.

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  1         Section 34.  Subsections (1) and (2) of section

  2  626.8311, Florida Statutes, are amended to read:

  3         626.8311  Requirement as to knowledge, experience, or

  4  instruction.--No applicant for a license as a health agent,

  5  except for a chartered life underwriter (CLU), shall be

  6  qualified or licensed unless within the 4 years immediately

  7  preceding the date the application for license is filed with

  8  the department he or she has:

  9         (1)  Successfully completed 40 hours of classroom

10  courses in insurance satisfactory to the department at a

11  school or college, or extension division thereof, or other

12  authorized course of study, approved by the department.

13  Courses must include instruction on the subject matter of

14  unauthorized entities engaging in the business of insurance,

15  to include the Florida Nonprofit Multiple-Employer Welfare

16  Arrangement Act and the Employee Retirement Income Security

17  Act, 29 U.S.C. s. 1001, et seq., as it relates to the

18  provision of health insurance by employers to their employees

19  and the regulation thereof;

20         (2)  Successfully completed a correspondence course in

21  insurance satisfactory to the department and regularly offered

22  by accredited institutions of higher learning in this state,

23  approved by the department.  Courses must include instruction

24  on the subject matter of unauthorized entities engaging in the

25  business of insurance, to include the Florida Nonprofit

26  Multiple-Employer Welfare Arrangement Act and the Employee

27  Retirement Income Security Act, 29 U.S.C. s. 1001, et seq., as

28  it relates to the provision of health insurance by employers

29  to their employees and the regulation thereof;

30

31

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  1         Section 35.  Subsections (1) and (2) of section

  2  626.835, Florida Statutes, are amended, and subsection (9) is

  3  added to that section, to read:

  4         626.835  Nonresident agents.--

  5         (1)  The department, upon written application and

  6  payment of the fees specified in s. 624.501, may issue a

  7  license as a nonresident health agent to an individual a

  8  person not a resident of this state, if the state or province

  9  of Canada of such individual's person's residence will accord

10  the same privilege to a resident of this state.

11         (2)  The department may enter into reciprocal

12  agreements with the appropriate official of any other state or

13  province of Canada waiving the written examination of any

14  applicant resident in such other state or province if, in such

15  other state or province, a resident of this state is

16  privileged to procure a health insurance agent's license upon

17  the foregoing conditions and without discrimination as to fees

18  or otherwise in favor of the residents of such other state or

19  province and:

20         (a)  A written examination, substantially equivalent to

21  the examination required by this state, is required of an

22  applicant for a health insurance agent's license in such other

23  state or province.;

24         (b)  The appropriate official of the other state or

25  province certifies that the applicant holds a currently valid

26  license as a health insurance agent in such other state or

27  province and satisfied the examination requirements under s.

28  626.221 or is exempt under such section either has passed such

29  a written examination or was the holder of a health insurance

30  agent's license prior to the time a written examination was

31  required; and

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  1         (c)  In such other state or province, a resident of

  2  this state is privileged to procure a health insurance agent's

  3  license upon the foregoing conditions and without

  4  discrimination as to fees or otherwise in favor of the

  5  residents of such other state or province.

  6         (9)  If available, the department shall verify the

  7  producer's licensing status through the Producer Database

  8  maintained by the National Association of Insurance

  9  Commissioners, its affiliates or subsidiaries.

10         Section 36.  Paragraph (b) of subsection (1) of section

11  626.8411, Florida Statutes, is amended to read:

12         626.8411  Application of Florida Insurance Code

13  provisions to title insurance agents or agencies.--

14         (1)  The following provisions of part II, as applicable

15  to general lines agents or agencies, also apply to title

16  insurance agents or agencies:

17         (b)  Section 626.175 626.739, relating to temporary

18  licenses.

19         Section 37.  Subsection (6) is added to section

20  626.852, Florida Statutes, to read:

21         626.852  Scope of this part.--

22         (6)  This part does not apply to any person who adjusts

23  only multiple peril crop insurance or crop hail claims.

24         Section 38.  Subsection (1) of section 626.902, Florida

25  Statutes, is amended to read:

26         626.902  Penalty for representing unauthorized

27  insurer.--

28         (1)  In addition to any other penalties provided in the

29  insurance code:

30         (a)  Any insurance agent licensed in this state who in

31  this state knowingly represents or aids an unauthorized

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  1  insurer in violation of s. 626.901 commits a felony

  2  misdemeanor of the third second degree, punishable as provided

  3  in s. 775.082, or s. 775.083, or s. 775.084.

  4         (b)  Any person other than an insurance agent licensed

  5  in this state who in this state represents or aids an

  6  unauthorized insurer in violation of s. 626.901 commits a

  7  felony of the third degree, punishable as provided in s.

  8  775.082, s. 775.083, or s. 775.084.

  9         (c)  Any person who commits a subsequent violation of

10  this section commits a felony of the second degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084.

12         Section 39.  Subsection (2) of section 626.927, Florida

13  Statutes, is amended to read:

14         626.927  Licensing of surplus lines agent.--

15         (2)  Any individual while licensed and appointed as a

16  managing general agent as defined in s. 626.015 626.091, or

17  service representative as defined in s. 626.015 626.081, and

18  who otherwise possesses all of the other qualifications of a

19  general lines agent under this code, and who has a minimum of

20  1 year's experience working for a licensed surplus lines agent

21  or who has successfully completed 60 class hours in surplus

22  and excess lines in a course approved by the department, may,

23  upon taking and successfully passing a written examination as

24  to surplus lines, as given by the department, be licensed as a

25  surplus lines agent solely for the purpose of placing with

26  surplus lines insurers property, marine, casualty, or surety

27  coverages originated by general lines agents; except that no

28  examination as for a general lines agent's license shall be

29  required of any managing general agent or service

30  representative who held a Florida surplus lines agent's

31  license as of January 1, 1959.

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  1         Section 40.  Subsection (4) of section 626.992, Florida

  2  Statutes, is amended to read:

  3         626.992  Use of viatical settlement licensed brokers,

  4  providers, and sales agents required.--

  5         (4)  A person may not perform the functions of a

  6  viatical settlement sales agent unless licensed as a life

  7  agent as defined in s. 626.015 626.051 and as provided in this

  8  chapter.

  9         Section 41.  Paragraph (b) of subsection (6) of section

10  629.401, Florida Statutes, is amended to read:

11         629.401  Insurance exchange.--

12         (6)

13         (b)  In addition to the insurance laws specified in

14  paragraph (a), the department shall regulate the exchange

15  pursuant to the following powers, rights, and duties:

16         1.  General examination powers.--The department shall

17  examine the affairs, transactions, accounts, records, and

18  assets of any security fund, exchange, members, and associate

19  brokers as often as it deems advisable.  The examination may

20  be conducted by the accredited examiners of the department at

21  the offices of the entity or person being examined.  The

22  department shall examine in like manner each prospective

23  member or associate broker applying for membership in an

24  exchange.

25         2.  Departmental approval and applications of

26  underwriting members.--No underwriting member shall commence

27  operation without the approval of the department.  Before

28  commencing operation, an underwriting member shall provide a

29  written application containing:

30         a.  Name, type, and purpose of the underwriting member.

31

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  1         b.  Name, residence address, business background, and

  2  qualifications of each person associated or to be associated

  3  in the formation or financing of the underwriting member.

  4         c.  Full disclosure of the terms of all understandings

  5  and agreements existing or proposed among persons so

  6  associated relative to the underwriting member, or the

  7  formation or financing thereof, accompanied by a copy of each

  8  such agreement or understanding.

  9         d.  Full disclosure of the terms of all understandings

10  and agreements existing or proposed for management or

11  exclusive agency contracts.

12         3.  Investigation of underwriting member

13  applications.--In connection with any proposal to establish an

14  underwriting member, the department shall make an

15  investigation of:

16         a.  The character, reputation, financial standing, and

17  motives of the organizers, incorporators, or subscribers

18  organizing the proposed underwriting member.

19         b.  The character, financial responsibility, insurance

20  experience, and business qualifications of its proposed

21  officers.

22         c.  The character, financial responsibility, business

23  experience, and standing of the proposed stockholders and

24  directors, or owners.

25         4.  Notice of management changes.--An underwriting

26  member shall promptly give the department written notice of

27  any change among the directors or principal officers of the

28  underwriting member within 30 days after such change.  The

29  department shall investigate the new directors or principal

30  officers of the underwriting member.  The department's

31  investigation shall include an investigation of the character,

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  1  financial responsibility, insurance experience, and business

  2  qualifications of any new directors or principal officers.  As

  3  a result of the investigation, the department may require the

  4  underwriting member to replace any new directors or principal

  5  officers.

  6         5.  Alternate financial statement.--In lieu of any

  7  financial examination, the department may accept an audited

  8  financial statement.

  9         6.  Correction and reconstruction of records.--If the

10  department finds any accounts or records to be inadequate, or

11  inadequately kept or posted, it may employ experts to

12  reconstruct, rewrite, post, or balance them at the expense of

13  the person or entity being examined if such person or entity

14  has failed to maintain, complete, or correct such records or

15  accounts after the department has given him or her or it

16  notice and reasonable opportunity to do so.

17         7.  Obstruction of examinations.--Any person or entity

18  who or which willfully obstructs the department or its

19  examiner in an examination is guilty of a misdemeanor of the

20  second degree, punishable as provided in s. 775.082 or s.

21  775.083.

22         8.  Filing of annual statement.--Each underwriting

23  member shall file with the department a full and true

24  statement of its financial condition, transactions, and

25  affairs.  The statement shall be filed on or before March 1 of

26  each year, or within such extension of time as the department

27  for good cause grants, and shall be for the preceding calendar

28  year.  The statement shall contain information generally

29  included in insurer financial statements prepared in

30  accordance with generally accepted insurance accounting

31  principles and practices and in a form generally utilized by

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  1  insurers for financial statements, sworn to by at least two

  2  executive officers of the underwriting member. The form of the

  3  financial statements shall be the approved form of the

  4  National Association of Insurance Commissioners or its

  5  successor organization. The department may by rule require

  6  each insurer to submit any part of the information contained

  7  in the financial statement in a computer-readable form

  8  compatible with the department's electronic data processing

  9  system.  In addition to information furnished in connection

10  with its annual statement, an underwriting member must furnish

11  to the department as soon as reasonably possible such

12  information about its transactions or affairs as the

13  department requests in writing.  All information furnished

14  pursuant to the department's request must be verified by the

15  oath of two executive officers of the underwriting member.

16         9.  Record maintenance.--Each underwriting member shall

17  have and maintain its principal place of business in this

18  state and shall keep therein complete records of its assets,

19  transactions, and affairs in accordance with such methods and

20  systems as are customary for or suitable to the kind or kinds

21  of insurance transacted.

22         10.  Examination of agents.--If the department has

23  reason to believe that any agent, as defined in s. 626.015

24  626.041, s. 626.051, s. 626.062, or s. 626.914, has violated

25  or is violating any provision of the insurance law, or upon

26  receipt of a written complaint signed by any interested person

27  indicating that any such violation may exist, the department

28  shall conduct such examination as it deems necessary of the

29  accounts, records, documents, and transactions pertaining to

30  or affecting the insurance affairs of such agent.

31

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  1         11.  Written reports of department.--The department or

  2  its examiner shall make a full and true written report of any

  3  examination.  The report shall contain only information

  4  obtained from examination of the records, accounts, files, and

  5  documents of or relative to the person or entity examined or

  6  from testimony of individuals under oath, together with

  7  relevant conclusions and recommendations of the examiner based

  8  thereon.  The department shall furnish a copy of the report to

  9  the person or entity examined not less than 30 days prior to

10  filing the report in its office. If such person or entity so

11  requests in writing within such 30-day period, the department

12  shall grant a hearing with respect to the report and shall not

13  file the report until after the hearing and after such

14  modifications have been made therein as the department deems

15  proper.

16         12.  Admissibility of reports.--The report of an

17  examination when filed shall be admissible in evidence in any

18  action or proceeding brought by the department against the

19  person or entity examined, or against his or her or its

20  officers, employees, or agents.  The department or its

21  examiners may at any time testify and offer other proper

22  evidence as to information secured or matters discovered

23  during the course of an examination, whether or not a written

24  report of the examination has been either made, furnished, or

25  filed in the department.

26         13.  Publication of reports.--After an examination

27  report has been filed, the department may publish the results

28  of any such examination in one or more newspapers published in

29  this state whenever it deems it to be in the public interest.

30         14.  Consideration of examination reports by entity

31  examined.--After the examination report of an underwriting

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  1  member has been filed, an affidavit shall be filed with the

  2  department, not more than 30 days after the report has been

  3  filed, on a form furnished by the department and signed by the

  4  person or a representative of any entity examined, stating

  5  that the report has been read and that the recommendations

  6  made in the report will be considered within a reasonable

  7  time.

  8         15.  Examination costs.--Each person or entity examined

  9  by the department shall pay to the department the expenses

10  incurred in such examination.

11         16.  Exchange costs.--An exchange shall reimburse the

12  department for any expenses incurred by it relating to the

13  regulation of the exchange and its members, except as

14  specified in subparagraph 15.

15         17.  Powers of examiners.--Any examiner appointed by

16  the department, as to the subject of any examination,

17  investigation, or hearing being conducted by him or her, may

18  administer oaths, examine and cross-examine witnesses, and

19  receive oral and documentary evidence, and shall have the

20  power to subpoena witnesses, compel their attendance and

21  testimony, and require by subpoena the production of books,

22  papers, records, files, correspondence, documents, or other

23  evidence which the examiner deems relevant to the inquiry. If

24  any person refuses to comply with any such subpoena or to

25  testify as to any matter concerning which he or she may be

26  lawfully interrogated, the Circuit Court of Leon County or the

27  circuit court of the county wherein such examination,

28  investigation, or hearing is being conducted, or of the county

29  wherein such person resides, on the department's application

30  may issue an order requiring such person to comply with the

31  subpoena and to testify; and any failure to obey such an order

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  1  of the court may be punished by the court as a contempt

  2  thereof.  Subpoenas shall be served, and proof of such service

  3  made, in the same manner as if issued by a circuit court.

  4  Witness fees and mileage, if claimed, shall be allowed the

  5  same as for testimony in a circuit court.

  6         18.  False testimony.--Any person willfully testifying

  7  falsely under oath as to any matter material to any

  8  examination, investigation, or hearing shall upon conviction

  9  thereof be guilty of perjury and shall be punished

10  accordingly.

11         19.  Self-incrimination.--

12         a.  If any person asks to be excused from attending or

13  testifying or from producing any books, papers, records,

14  contracts, documents, or other evidence in connection with any

15  examination, hearing, or investigation being conducted by the

16  department or its examiner, on the ground that the testimony

17  or evidence required of the person may tend to incriminate him

18  or her or subject him or her to a penalty or forfeiture, and

19  the person notwithstanding is directed to give such testimony

20  or produce such evidence, he or she shall, if so directed by

21  the department and the Department of Legal Affairs,

22  nonetheless comply with such direction; but the person shall

23  not thereafter be prosecuted or subjected to any penalty or

24  forfeiture for or on account of any transaction, matter, or

25  thing concerning which he or she may have so testified or

26  produced evidence, and no testimony so given or evidence so

27  produced shall be received against him or her upon any

28  criminal action, investigation, or proceeding; except that no

29  such person so testifying shall be exempt from prosecution or

30  punishment for any perjury committed by him or her in such

31  testimony, and the testimony or evidence so given or produced

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  1  shall be admissible against him or her upon any criminal

  2  action, investigation, or proceeding concerning such perjury,

  3  nor shall he or she be exempt from the refusal, suspension, or

  4  revocation of any license, permission, or authority conferred,

  5  or to be conferred, pursuant to the insurance law.

  6         b.  Any such individual may execute, acknowledge, and

  7  file in the office of the department a statement expressly

  8  waiving such immunity or privilege in respect to any

  9  transaction, matter, or thing specified in such statement, and

10  thereupon the testimony of such individual or such evidence in

11  relation to such transaction, matter, or thing may be received

12  or produced before any judge or justice, court, tribunal,

13  grand jury, or otherwise; and if such testimony or evidence is

14  so received or produced, such individual shall not be entitled

15  to any immunity or privileges on account of any testimony so

16  given or evidence so produced.

17         20.  Penalty for failure to testify.--Any person who

18  refuses or fails, without lawful cause, to testify relative to

19  the affairs of any member, associate broker, or other person

20  when subpoenaed and requested by the department to so testify,

21  as provided in subparagraph 17., shall, in addition to the

22  penalty provided in subparagraph 17., be guilty of a

23  misdemeanor of the second degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         21.  Name selection.--No underwriting member shall be

26  formed or authorized to transact insurance in this state under

27  a name which is the same as that of any authorized insurer or

28  is so nearly similar thereto as to cause or tend to cause

29  confusion or under a name which would tend to mislead as to

30  the type of organization of the insurer.  Before incorporating

31  under or using any name, the underwriting syndicate or

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  1  proposed underwriting syndicate shall submit its name or

  2  proposed name to the department for the approval of the

  3  department.

  4         22.  Capitalization.--An underwriting member approved

  5  on or after July 2, 1987, shall provide an initial paid-in

  6  capital and surplus of $3 million and thereafter shall

  7  maintain a minimum policyholder surplus of $2 million in order

  8  to be permitted to write insurance.  Underwriting members

  9  approved prior to July 2, 1987, shall maintain a minimum

10  policyholder surplus of $1 million. After June 29, 1988,

11  underwriting members approved prior to July 2, 1987, must

12  maintain a minimum policyholder surplus of $1.5 million to

13  write insurance.  After June 29, 1989, underwriting members

14  approved prior to July 2, 1987, must maintain a minimum

15  policyholder surplus of $1.75 million to write insurance.

16  After December 30, 1989, all underwriting members, regardless

17  of the date they were approved, must maintain a minimum

18  policyholder surplus of $2 million to write insurance.  Except

19  for that portion of the paid-in capital and surplus which

20  shall be maintained in a security fund of an exchange, the

21  paid-in capital and surplus shall be invested by an

22  underwriting member in a manner consistent with ss.

23  625.301-625.340.  The portion of the paid-in capital and

24  surplus in any security fund of an exchange shall be invested

25  in a manner limited to investments for life insurance

26  companies under the Florida insurance laws.

27         23.  Limitations on coverage written.--

28         a.  Limit of risk.--No underwriting member shall expose

29  itself to any loss on any one risk in an amount exceeding 10

30  percent of its surplus to policyholders.  Any risk or portion

31  of any risk which shall have been reinsured in an assuming

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  1  reinsurer authorized or approved to do such business in this

  2  state shall be deducted in determining the limitation of risk

  3  prescribed in this section.

  4         b.  Restrictions on premiums written.--If the

  5  department has reason to believe that the underwriting

  6  member's ratio of actual or projected annual gross written

  7  premiums to policyholder surplus exceeds 8 to 1 or the

  8  underwriting member's ratio of actual or projected annual net

  9  premiums to policyholder surplus exceeds 4 to 1, the

10  department may establish maximum gross or net annual premiums

11  to be written by the underwriting member consistent with

12  maintaining the ratios specified in this sub-subparagraph.

13         (I)  Projected annual net or gross premiums shall be

14  based on the actual writings to date for the underwriting

15  member's current calendar year, its writings for the previous

16  calendar year, or both.  Ratios shall be computed on an

17  annualized basis.

18         (II)  For purposes of this sub-subparagraph, the term

19  "gross written premiums" means direct premiums written and

20  reinsurance assumed.

21         c.  Surplus as to policyholders.--For the purpose of

22  determining the limitation on coverage written, surplus as to

23  policyholders shall be deemed to include any voluntary

24  reserves, or any part thereof, which are not required by or

25  pursuant to law and shall be determined from the last sworn

26  statement of such underwriting member with the department, or

27  by the last report or examination filed by the department,

28  whichever is more recent at the time of assumption of such

29  risk.

30         24.  Unearned premium reserves.--All unearned premium

31  reserves for business written on the exchange shall be

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  1  calculated on a monthly or more frequent basis or on such

  2  other basis as determined by the department; except that all

  3  premiums on any marine or transportation insurance trip risk

  4  shall be deemed unearned until the trip is terminated.

  5         25.  Loss reserves.--All underwriting members of an

  6  exchange shall maintain loss reserves, including a reserve for

  7  incurred but not reported claims.  The reserves shall be

  8  subject to review by the department, and, if loss experience

  9  shows that an underwriting member's loss reserves are

10  inadequate, the department shall require the underwriting

11  member to maintain loss reserves in such additional amount as

12  is needed to make them adequate.

13         26.  Distribution of profits.--An underwriting member

14  shall not distribute any profits in the form of cash or other

15  assets to owners except out of that part of its available and

16  accumulated surplus funds which is derived from realized net

17  operating profits on its business and realized capital gains.

18  In any one year such payments to owners shall not exceed 30

19  percent of such surplus as of December 31 of the immediately

20  preceding year, unless otherwise approved by the department.

21  No distribution of profits shall be made that would render an

22  underwriting member either impaired or insolvent.

23         27.  Stock dividends.--A stock dividend may be paid by

24  an underwriting member out of any available surplus funds in

25  excess of the aggregate amount of surplus advanced to the

26  underwriting member under subparagraph 29.

27         28.  Dividends from earned surplus.--A dividend

28  otherwise lawful may be payable out of an underwriting

29  member's earned surplus even though the total surplus of the

30  underwriting member is then less than the aggregate of its

31

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  1  past contributed surplus resulting from issuance of its

  2  capital stock at a price in excess of the par value thereof.

  3         29.  Borrowing of money by underwriting members.--

  4         a.  An underwriting member may borrow money to defray

  5  the expenses of its organization, provide it with surplus

  6  funds, or for any purpose of its business, upon a written

  7  agreement that such money is required to be repaid only out of

  8  the underwriting member's surplus in excess of that stipulated

  9  in such agreement. The agreement may provide for interest not

10  exceeding 15 percent simple interest per annum.  The interest

11  shall or shall not constitute a liability of the underwriting

12  member as to its funds other than such excess of surplus, as

13  stipulated in the agreement. No commission or promotion

14  expense shall be paid in connection with any such loan.  The

15  use of any surplus note and any repayments thereof shall be

16  subject to the approval of the department.

17         b.  Money so borrowed, together with any interest

18  thereon if so stipulated in the agreement, shall not form a

19  part of the underwriting member's legal liabilities except as

20  to its surplus in excess of the amount thereof stipulated in

21  the agreement, nor be the basis of any setoff; but until

22  repayment, financial statements filed or published by an

23  underwriting member shall show as a footnote thereto the

24  amount thereof then unpaid, together with any interest thereon

25  accrued but unpaid.

26         30.  Liquidation, rehabilitation, and

27  restrictions.--The department, upon a showing that a member or

28  associate broker of an exchange has met one or more of the

29  grounds contained in part I of chapter 631, may restrict sales

30  by type of risk, policy or contract limits, premium levels, or

31  policy or contract provisions; increase surplus or capital

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  1  requirements of underwriting members; issue cease and desist

  2  orders; suspend or restrict a member's or associate broker's

  3  right to transact business; place an underwriting member under

  4  conservatorship or rehabilitation; or seek an order of

  5  liquidation as authorized by part I of chapter 631.

  6         31.  Prohibited conduct.--The following acts by a

  7  member, associate broker, or affiliated person shall

  8  constitute prohibited conduct:

  9         a.  Fraud.

10         b.  Fraudulent or dishonest acts committed by a member

11  or associate broker prior to admission to an exchange, if the

12  facts and circumstances were not disclosed to the department

13  upon application to become a member or associate broker.

14         c.  Conduct detrimental to the welfare of an exchange.

15         d.  Unethical or improper practices or conduct,

16  inconsistent with just and equitable principles of trade as

17  set forth in, but not limited to, ss. 626.951-626.9641 and

18  626.973.

19         e.  Failure to use due diligence to ascertain the

20  insurance needs of a client or a principal.

21         f.  Misstatements made under oath or upon an

22  application for membership on an exchange.

23         g.  Failure to testify or produce documents when

24  requested by the department.

25         h.  Willful violation of any law of this state.

26         i.  Failure of an officer or principal to testify under

27  oath concerning a member, associate broker, or other person's

28  affairs as they relate to the operation of an exchange.

29         j.  Violation of the constitution and bylaws of the

30  exchange.

31

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  1         32.  Penalties for participating in prohibited

  2  conduct.--

  3         a.  The department may order the suspension of further

  4  transaction of business on the exchange of any member or

  5  associate broker found to have engaged in prohibited conduct.

  6  In addition, any member or associate broker found to have

  7  engaged in prohibited conduct may be subject to reprimand,

  8  censure, and/or a fine not exceeding $25,000 imposed by the

  9  department.

10         b.  Any member which has an affiliated person who is

11  found to have engaged in prohibited conduct shall be subject

12  to involuntary withdrawal or in addition thereto may be

13  subject to suspension, reprimand, censure, and/or a fine not

14  exceeding $25,000.

15         33.  Reduction of penalties.--Any suspension,

16  reprimand, censure, or fine may be remitted or reduced by the

17  department on such terms and conditions as are deemed fair and

18  equitable.

19         34.  Other offenses.--Any member or associate broker

20  that is suspended shall be deprived, during the period of

21  suspension, of all rights and privileges of a member or of an

22  associate broker and may be proceeded against by the

23  department for any offense committed either before or after

24  the date of suspension.

25         35.  Reinstatement.--Any member or associate broker

26  that is suspended may be reinstated at any time on such terms

27  and conditions as the department may specify.

28         36.  Remittance of fines.--Fines imposed under this

29  section shall be remitted to the department and shall be paid

30  into the Insurance Commissioner's Regulatory Trust Fund.

31

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  1         37.  Failure to pay fines.--When a member or associate

  2  broker has failed to pay a fine for 15 days after it becomes

  3  payable, such member or associate broker shall be suspended,

  4  unless the department has granted an extension of time to pay

  5  such fine.

  6         38.  Changes in ownership or assets.--In the event of a

  7  major change in the ownership or a major change in the assets

  8  of an underwriting member, the underwriting member shall

  9  report such change in writing to the department within 30 days

10  of the effective date thereof.  The report shall set forth the

11  details of the change.  Any change in ownership or assets of

12  more than 5 percent shall be considered a major change.

13         39.  Retaliation.--

14         a.  When by or pursuant to the laws of any other state

15  or foreign country any taxes, licenses, or other fees, in the

16  aggregate, and any fines, penalties, deposit requirements, or

17  other material obligations, prohibitions, or restrictions are

18  or would be imposed upon an exchange or upon the agents or

19  representatives of such exchange which are in excess of such

20  taxes, licenses, and other fees, in the aggregate, or which

21  are in excess of such fines, penalties, deposit requirements,

22  or other obligations, prohibitions, or restrictions directly

23  imposed upon similar exchanges or upon the agents or

24  representatives of such exchanges of such other state or

25  country under the statutes of this state, so long as such laws

26  of such other state or country continue in force or are so

27  applied, the same taxes, licenses, and other fees, in the

28  aggregate, or fines, penalties, deposit requirements, or other

29  material obligations, prohibitions, or restrictions of

30  whatever kind shall be imposed by the department upon the

31  exchanges, or upon the agents or representatives of such

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  1  exchanges, of such other state or country doing business or

  2  seeking to do business in this state.

  3         b.  Any tax, license, or other obligation imposed by

  4  any city, county, or other political subdivision or agency of

  5  a state, jurisdiction, or foreign country on an exchange, or

  6  on the agents or representatives on an exchange, shall be

  7  deemed to be imposed by such state, jurisdiction, or foreign

  8  country within the meaning of sub-subparagraph a.

  9         40.  Agents.--

10         a.  Agents as defined in ss. 626.015 626.041, 626.051,

11  626.062, and 626.914 who are broker members or associate

12  broker members of an exchange shall be allowed only to place

13  on an exchange the same kind or kinds of business that the

14  agent is licensed to place pursuant to Florida law.  Direct

15  Florida business as defined in s. 626.916 or s. 626.917 shall

16  be written through a broker member who is a surplus lines

17  agent as defined in s. 626.914.  The activities of each broker

18  member or associate broker with regard to an exchange shall be

19  subject to all applicable provisions of the insurance laws of

20  this state, and all such activities shall constitute

21  transactions under his or her license as an insurance agent

22  for purposes of the Florida insurance law.

23         b.  Premium payments and other requirements.--If an

24  underwriting member has assumed the risk as to a surplus lines

25  coverage and if the premium therefor has been received by the

26  surplus lines agent who placed such insurance, then in all

27  questions thereafter arising under the coverage as between the

28  underwriting member and the insured, the underwriting member

29  shall be deemed to have received the premium due to it for

30  such coverage; and the underwriting member shall be liable to

31  the insured as to losses covered by such insurance, and for

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  1  unearned premiums which may become payable to the insured upon

  2  cancellation of such insurance, whether or not in fact the

  3  surplus lines agent is indebted to the underwriting member

  4  with respect to such insurance or for any other cause.

  5         41.  Improperly issued contracts, riders, and

  6  endorsements.--

  7         a.  Any insurance policy, rider, or endorsement issued

  8  by an underwriting member and otherwise valid which contains

  9  any condition or provision not in compliance with the

10  requirements of this section shall not be thereby rendered

11  invalid, except as provided in s. 627.415, but shall be

12  construed and applied in accordance with such conditions and

13  provisions as would have applied had such policy, rider, or

14  endorsement been in full compliance with this section.  In the

15  event an underwriting member issues or delivers any policy for

16  an amount which exceeds any limitations otherwise provided in

17  this section, the underwriting member shall be liable to the

18  insured or his or her beneficiary for the full amount stated

19  in the policy in addition to any other penalties that may be

20  imposed.

21         b.  Any insurance contract delivered or issued for

22  delivery in this state governing a subject or subjects of

23  insurance resident, located, or to be performed in this state

24  which, pursuant to the provisions of this section, the

25  underwriting member may not lawfully insure under such a

26  contract shall be cancelable at any time by the underwriting

27  member, any provision of the contract to the contrary

28  notwithstanding; and the underwriting member shall promptly

29  cancel the contract in accordance with the request of the

30  department therefor.  No such illegality or cancellation shall

31  be deemed to relieve the underwriting syndicate of any

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  1  liability incurred by it under the contract while in force or

  2  to prohibit the underwriting syndicate from retaining the pro

  3  rata earned premium thereon.  This provision does not relieve

  4  the underwriting syndicate from any penalty otherwise incurred

  5  by the underwriting syndicate.

  6         42.  Satisfaction of judgments.--

  7         a.  Every judgment or decree for the recovery of money

  8  heretofore or hereafter entered in any court of competent

  9  jurisdiction against any underwriting member shall be fully

10  satisfied within 60 days from and after the entry thereof or,

11  in the case of an appeal from such judgment or decree, within

12  60 days from and after the affirmance of the judgment or

13  decree by the appellate court.

14         b.  If the judgment or decree is not satisfied as

15  required under sub-subparagraph a., and proof of such failure

16  to satisfy is made by filing with the department a certified

17  transcript of the docket of the judgment or the decree

18  together with a certificate by the clerk of the court wherein

19  the judgment or decree remains unsatisfied, in whole or in

20  part, after the time provided in sub-subparagraph a., the

21  department shall forthwith prohibit the underwriting member

22  from transacting business.  The department shall not permit

23  such underwriting member to write any new business until the

24  judgment or decree is wholly paid and satisfied and proof

25  thereof is filed with the department under the official

26  certificate of the clerk of the court wherein the judgment was

27  recovered, showing that the judgment or decree is satisfied of

28  record, and until the expenses and fees incurred in the case

29  are also paid by the underwriting syndicate.

30         43.  Tender and exchange offers.--No person shall

31  conclude a tender offer or an exchange offer or otherwise

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  1  acquire 5 percent or more of the outstanding voting securities

  2  of an underwriting member or controlling company or purchase 5

  3  percent or more of the ownership of an underwriting member or

  4  controlling company unless such person has filed with, and

  5  obtained the approval of, the department and sent to such

  6  underwriting member a statement setting forth:

  7         a.  The identity of, and background information on,

  8  each person by whom, or on whose behalf, the acquisition is to

  9  be made; and, if the acquisition is to be made by or on behalf

10  of a corporation, association, or trust, the identity of and

11  background information on each director, officer, trustee, or

12  other natural person performing duties similar to those of a

13  director, officer, or trustee for the corporation,

14  association, or trust.

15         b.  The source and amount of the funds or other

16  consideration used, or to be used, in making the acquisition.

17         c.  Any plans or proposals which such person may have

18  to liquidate such member, to sell its assets, or to merge or

19  consolidate it.

20         d.  The percentage of ownership which such person

21  proposes to acquire and the terms of the offer or exchange, as

22  the case may be.

23         e.  Information as to any contracts, arrangements, or

24  understandings with any party with respect to any securities

25  of such member or controlling company, including, but not

26  limited to, information relating to the transfer of any

27  securities, option arrangements, or puts or calls or the

28  giving or withholding of proxies, naming the party with whom

29  such contract, arrangements, or understandings have been

30  entered and giving the details thereof.

31

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  1         f.  The department may disapprove any acquisition

  2  subject to the provisions of this subparagraph by any person

  3  or any affiliated person of such person who:

  4         (I)  Willfully violates this subparagraph;

  5         (II)  In violation of an order of the department issued

  6  pursuant to sub-subparagraph j., fails to divest himself or

  7  herself of any stock obtained in violation of this

  8  subparagraph, or fails to divest himself or herself of any

  9  direct or indirect control of such stock, within 25 days after

10  such order; or

11         (III)  In violation of an order issued by the

12  department pursuant to sub-subparagraph j., acquires

13  additional stock of the underwriting member or controlling

14  company, or direct or indirect control of such stock, without

15  complying with this subparagraph.

16         g.  The person or persons filing the statement required

17  by this subparagraph have the burden of proof.  The department

18  shall approve any such acquisition if it finds, on the basis

19  of the record made during any proceeding or on the basis of

20  the filed statement if no proceeding is conducted, that:

21         (I)  Upon completion of the acquisition, the

22  underwriting member will be able to satisfy the requirements

23  for the approval to write the line or lines of insurance for

24  which it is presently approved;

25         (II)  The financial condition of the acquiring person

26  or persons will not jeopardize the financial stability of the

27  underwriting member or prejudice the interests of its

28  policyholders or the public;

29         (III)  Any plan or proposal which the acquiring person

30  has, or acquiring persons have, made:

31

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  1         (A)  To liquidate the insurer, sell its assets, or

  2  merge or consolidate it with any person, or to make any other

  3  major change in its business or corporate structure or

  4  management; or

  5         (B)  To liquidate any controlling company, sell its

  6  assets, or merge or consolidate it with any person, or to make

  7  any major change in its business or corporate structure or

  8  management which would have an effect upon the underwriting

  9  member

10

11  is fair and free of prejudice to the policyholders of the

12  underwriting member or to the public;

13         (IV)  The competence, experience, and integrity of

14  those persons who will control directly or indirectly the

15  operation of the underwriting member indicate that the

16  acquisition is in the best interest of the policyholders of

17  the underwriting member and in the public interest;

18         (V)  The natural persons for whom background

19  information is required to be furnished pursuant to this

20  subparagraph have such backgrounds as to indicate that it is

21  in the best interests of the policyholders of the underwriting

22  member, and in the public interest, to permit such persons to

23  exercise control over such underwriting member;

24         (VI)  The officers and directors to be employed after

25  the acquisition have sufficient insurance experience and

26  ability to assure reasonable promise of successful operation;

27         (VII)  The management of the underwriting member after

28  the acquisition will be competent and trustworthy and will

29  possess sufficient managerial experience so as to make the

30  proposed operation of the underwriting member not hazardous to

31  the insurance-buying public;

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  1         (VIII)  The management of the underwriting member after

  2  the acquisition will not include any person who has directly

  3  or indirectly through ownership, control, reinsurance

  4  transactions, or other insurance or business relations

  5  unlawfully manipulated the assets, accounts, finances, or

  6  books of any insurer or underwriting member or otherwise acted

  7  in bad faith with respect thereto;

  8         (IX)  The acquisition is not likely to be hazardous or

  9  prejudicial to the underwriting member's policyholders or the

10  public; and

11         (X)  The effect of the acquisition of control would not

12  substantially lessen competition in insurance in this state or

13  would not tend to create a monopoly therein.

14         h.  No vote by the stockholder of record, or by any

15  other person, of any security acquired in contravention of the

16  provisions of this subparagraph is valid.  Any acquisition of

17  any security contrary to the provisions of this subparagraph

18  is void. Upon the petition of the underwriting member or

19  controlling company, the circuit court for the county in which

20  the principal office of such underwriting member is located

21  may, without limiting the generality of its authority, order

22  the issuance or entry of an injunction or other order to

23  enforce the provisions of this subparagraph.  There shall be a

24  private right of action in favor of the underwriting member or

25  controlling company to enforce the provisions of this

26  subparagraph.  No demand upon the department that it perform

27  its functions shall be required as a prerequisite to any suit

28  by the underwriting member or controlling company against any

29  other person, and in no case shall the department be deemed a

30  necessary party to any action by such underwriting member or

31  controlling company to enforce the provisions of this

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  1  subparagraph.  Any person who makes or proposes an acquisition

  2  requiring the filing of a statement pursuant to this

  3  subparagraph, or who files such a statement, shall be deemed

  4  to have thereby designated the Insurance Commissioner, or his

  5  or her assistant or deputy or another person in charge of his

  6  or her office, as such person's agent for service of process

  7  under this subparagraph and shall thereby be deemed to have

  8  submitted himself or herself to the administrative

  9  jurisdiction of the department and to the jurisdiction of the

10  circuit court.

11         i.  Any approval by the department under this

12  subparagraph does not constitute a recommendation by the

13  department for an acquisition, tender offer, or exchange

14  offer.  It is unlawful for a person to represent that the

15  department's approval constitutes a recommendation.  A person

16  who violates the provisions of this sub-subparagraph is guilty

17  of a felony of the third degree, punishable as provided in s.

18  775.082, s. 775.083, or s. 775.084.  The

19  statute-of-limitations period for the prosecution of an

20  offense committed under this sub-subparagraph is 5 years.

21         j.  Upon notification to the department by the

22  underwriting member or a controlling company that any person

23  or any affiliated person of such person has acquired 5 percent

24  or more of the outstanding voting securities of the

25  underwriting member or controlling company without complying

26  with the provisions of this subparagraph, the department shall

27  order that the person and any affiliated person of such person

28  cease acquisition of any further securities of the

29  underwriting member or controlling company; however, the

30  person or any affiliated person of such person may request a

31  proceeding, which proceeding shall be convened within 7 days

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  1  after the rendering of the order for the sole purpose of

  2  determining whether the person, individually or in connection

  3  with any affiliated person of such person, has acquired 5

  4  percent or more of the outstanding voting securities of an

  5  underwriting member or controlling company.  Upon the failure

  6  of the person or affiliated person to request a hearing within

  7  7 days, or upon a determination at a hearing convened pursuant

  8  to this sub-subparagraph that the person or affiliated person

  9  has acquired voting securities of an underwriting member or

10  controlling company in violation of this subparagraph, the

11  department may order the person and affiliated person to

12  divest themselves of any voting securities so acquired.

13         k.(I)  The department shall, if necessary to protect

14  the public interest, suspend or revoke the certificate of

15  authority of any underwriting member or controlling company:

16         (A)  The control of which is acquired in violation of

17  this subparagraph;

18         (B)  That is controlled, directly or indirectly, by any

19  person or any affiliated person of such person who, in

20  violation of this subparagraph, has obtained control of an

21  underwriting member or controlling company; or

22         (C)  That is controlled, directly or indirectly, by any

23  person who, directly or indirectly, controls any other person

24  who, in violation of this subparagraph, acquires control of an

25  underwriting member or controlling company.

26         (II)  If any underwriting member is subject to

27  suspension or revocation pursuant to sub-sub-subparagraph (I),

28  the underwriting member shall be deemed to be in such

29  condition, or to be using or to have been subject to such

30  methods or practices in the conduct of its business, as to

31  render its further transaction of insurance presently or

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  1  prospectively hazardous to its policyholders, creditors, or

  2  stockholders or to the public.

  3         l.(I)  For the purpose of this sub-sub-subparagraph,

  4  the term "affiliated person" of another person means:

  5         (A)  The spouse of such other person;

  6         (B)  The parents of such other person and their lineal

  7  descendants and the parents of such other person's spouse and

  8  their lineal descendants;

  9         (C)  Any person who directly or indirectly owns or

10  controls, or holds with power to vote, 5 percent or more of

11  the outstanding voting securities of such other person;

12         (D)  Any person 5 percent or more of the outstanding

13  voting securities of which are directly or indirectly owned or

14  controlled, or held with power to vote, by such other person;

15         (E)  Any person or group of persons who directly or

16  indirectly control, are controlled by, or are under common

17  control with such other person; or any officer, director,

18  partner, copartner, or employee of such other person;

19         (F)  If such other person is an investment company, any

20  investment adviser of such company or any member of an

21  advisory board of such company;

22         (G)  If such other person is an unincorporated

23  investment company not having a board of directors, the

24  depositor of such company; or

25         (H)  Any person who has entered into an agreement,

26  written or unwritten, to act in concert with such other person

27  in acquiring or limiting the disposition of securities of an

28  underwriting member or controlling company.

29         (II)  For the purposes of this section, the term

30  "controlling company" means any corporation, trust, or

31

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  1  association owning, directly or indirectly, 25 percent or more

  2  of the voting securities of one or more underwriting members.

  3         m.  The department is authorized to adopt, amend, or

  4  repeal rules that are necessary to implement the provisions of

  5  this subparagraph, pursuant to chapter 120.

  6         44.  Background information.--The information as to the

  7  background and identity of each person about whom information

  8  is required to be furnished pursuant to sub-subparagraph 43.a.

  9  shall include, but shall not be limited to:

10         a.  Such person's occupations, positions of employment,

11  and offices held during the past 10 years.

12         b.  The principal business and address of any business,

13  corporation, or other organization in which each such office

14  was held or in which such occupation or position of employment

15  was carried on.

16         c.  Whether, at any time during such 10-year period,

17  such person was convicted of any crime other than a traffic

18  violation.

19         d.  Whether, during such 10-year period, such person

20  has been the subject of any proceeding for the revocation of

21  any license and, if so, the nature of such proceeding and the

22  disposition thereof.

23         e.  Whether, during such 10-year period, such person

24  has been the subject of any proceeding under the federal

25  Bankruptcy Act or whether, during such 10-year period, any

26  corporation, partnership, firm, trust, or association in which

27  such person was a director, officer, trustee, partner, or

28  other official has been subject to any such proceeding, either

29  during the time in which such person was a director, officer,

30  trustee, partner, or other official, or within 12 months

31  thereafter.

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  1         f.  Whether, during such 10-year period, such person

  2  has been enjoined, either temporarily or permanently, by a

  3  court of competent jurisdiction from violating any federal or

  4  state law regulating the business of insurance, securities, or

  5  banking, or from carrying out any particular practice or

  6  practices in the course of the business of insurance,

  7  securities, or banking, together with details of any such

  8  event.

  9         45.  Security fund.--All underwriting members shall be

10  members of the security fund of any exchange.

11         46.  Underwriting member defined.--Whenever the term

12  "underwriting member" is used in this subsection, it shall be

13  construed to mean "underwriting syndicate."

14         47.  Offsets.--Any action, requirement, or constraint

15  imposed by the department shall reduce or offset similar

16  actions, requirements, or constraints of any exchange.

17         48.  Restriction on member ownership.--

18         a.  Investments existing prior to July 2, 1987.--The

19  investment in any member by brokers, agents, and

20  intermediaries transacting business on the exchange, and the

21  investment in any such broker, agent, or intermediary by any

22  member, directly or indirectly, shall in each case be limited

23  in the aggregate to less than 20 percent of the total

24  investment in such member, broker, agent, or intermediary, as

25  the case may be. After December 31, 1987, the aggregate

26  percent of the total investment in such member by any broker,

27  agent, or intermediary and the aggregate percent of the total

28  investment in any such broker, agent, or intermediary by any

29  member, directly or indirectly, shall not exceed 15 percent.

30  After June 30, 1988, such aggregate percent shall not exceed

31

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  1  10 percent and after December 31, 1988, such aggregate percent

  2  shall not exceed 5 percent.

  3         b.  Investments arising on or after July 2, 1987.--The

  4  investment in any underwriting member by brokers, agents, or

  5  intermediaries transacting business on the exchange, and the

  6  investment in any such broker, agent, or intermediary by any

  7  underwriting member, directly or indirectly, shall in each

  8  case be limited in the aggregate to less than 5 percent of the

  9  total investment in such underwriting member, broker, agent,

10  or intermediary.

11         49.  "Underwriting manager" defined.--"Underwriting

12  manager" as used in this subparagraph includes any person,

13  partnership, corporation, or organization providing any of the

14  following services to underwriting members of the exchange:

15         a.  Office management and allied services, including

16  correspondence and secretarial services.

17         b.  Accounting services, including bookkeeping and

18  financial report preparation.

19         c.  Investment and banking consultations and services.

20         d.  Underwriting functions and services including the

21  acceptance, rejection, placement, and marketing of risk.

22         50.  Prohibition of underwriting manager

23  investment.--Any direct or indirect investment in any

24  underwriting manager by a broker member or any affiliated

25  person of a broker member or any direct or indirect investment

26  in a broker member by an underwriting manager or any

27  affiliated person of an underwriting manager is prohibited.

28  "Affiliated person" for purposes of this subparagraph is

29  defined in subparagraph 43.

30         51.  An underwriting member may not accept reinsurance

31  on an assumed basis from an affiliate or a controlling

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  1  company, nor may a broker member or management company place

  2  reinsurance from an affiliate or controlling company of theirs

  3  with an underwriting member.  "Affiliate and controlling

  4  company" for purposes of this subparagraph is defined in

  5  subparagraph 43.

  6         52.  Premium defined.--"Premium" is the consideration

  7  for insurance, by whatever name called.  Any "assessment" or

  8  any "membership," "policy," "survey," "inspection," "service"

  9  fee or charge or similar fee or charge in consideration for an

10  insurance contract is deemed part of the premium.

11         53.  Rules.--The department shall promulgate rules

12  necessary for or as an aid to the effectuation of any

13  provision of this section.

14         Section 42.  Subsection (7) of section 648.27, Florida

15  Statutes, is amended to read:

16         648.27  Licenses and appointments; general.--

17         (7)  Any person who represents a surety company, whose

18  duties are restricted to bail bonds, and who comes under the

19  definition of "service representative" as provided in s.

20  626.015 626.081 shall be licensed and appointed as a bail bond

21  agent.

22         Section 43.  Paragraphs (b) and (c) of subsection (4)

23  of section 624.311, Florida Statutes, are amended to read:

24         624.311  Records; reproductions; destruction.--

25         (4)  To facilitate the efficient use of floor space and

26  filing equipment in its offices, the department may destroy

27  the following records and documents pursuant to chapter 257:

28         (b)  Agent, solicitor, adjuster, and similar license

29  files, including license files of the Division of State Fire

30  Marshal, over 2 years old; except that the department shall

31  preserve by reproduction or otherwise a copy of the original

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  1  records upon the basis of which each such licensee qualified

  2  for her or his initial license, except a competency

  3  examination, and of any disciplinary proceeding affecting the

  4  licensee;

  5         (c)  All agent, solicitor, adjuster, and similar

  6  license files and records, including original license

  7  qualification records and records of disciplinary proceedings

  8  5 years after a licensee has ceased to be qualified for a

  9  license;

10         Section 44.  Paragraphs (e) and (o) of subsection (1)

11  of section 624.523, Florida Statutes, are amended to read:

12         624.523  Insurance Commissioner's Regulatory Trust

13  Fund.--

14         (1)  There is created in the State Treasury a trust

15  fund designated "Insurance Commissioner's Regulatory Trust

16  Fund" to which shall be credited all payments received on

17  account of the following items:

18         (e)  All payments received on account of items provided

19  for under respective provisions of s. 624.501, as follows:

20         1.  Subsection (1) (certificate of authority of

21  insurer).

22         2.  Subsection (2) (charter documents of insurer).

23         3.  Subsection (3) (annual license tax of insurer).

24         4.  Subsection (4) (annual statement of insurer).

25         5.  Subsection (5) (application fee for insurance

26  representatives).

27         6.  The "appointment fee" portion of any appointment

28  provided for under paragraphs (6)(a) and (b) (insurance

29  representatives, property, marine, casualty and surety

30  insurance, and agents, and solicitors).

31         7.  Paragraph (6)(c) (nonresident agents).

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  1         8.  Paragraph (6)(d) (service representatives).

  2         9.  The "appointment fee" portion of any appointment

  3  provided for under paragraph (7)(a) (life insurance agents,

  4  original appointment, and renewal or continuation of

  5  appointment).

  6         10.  Paragraph (7)(b) (nonresident agent license).

  7         11.  The "appointment fee" portion of any appointment

  8  provided for under paragraph (8)(a) (health insurance agents,

  9  agent's appointment, and renewal or continuation fee).

10         12.  Paragraph (8)(b) (nonresident agent appointment).

11         13.  The "appointment fee" portion of any appointment

12  provided for under subsections (9) and (10) (limited licenses

13  and fraternal benefit society agents).

14         14.  Subsection (11) (vending machines).

15         15.  Subsection (12) (surplus lines agent).

16         16.  Subsection (13) (adjusters' appointment).

17         17.  Subsection (14) (examination fee).

18         18.  Subsection (15) (temporary license and appointment

19  as agent or adjuster).

20         19.  Subsection (16) (reissuance, reinstatement, etc.).

21         20.  Subsection (17) (additional license continuation

22  fees).

23         21.  Subsection (18) (filing application for permit to

24  form insurer).

25         22.  Subsection (19) (license fee of rating

26  organization).

27         23.  Subsection (20) (miscellaneous services).

28         24.  Subsection (21) (insurance agencies).

29         (o)  All state tax portions of agents' and solicitors'

30  licenses collected under s. 624.501.

31

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  1         Section 45.  Section 624.507, Florida Statutes, is

  2  amended to read:

  3         624.507  Municipal tax.--Municipal corporations may

  4  require a tax of insurance agents and solicitors not to exceed

  5  50 percent of the state tax specified as to such agents and

  6  solicitors under this part, and unless otherwise authorized by

  7  law.  Such a tax may be required only by a municipal

  8  corporation within the boundaries of which is located the

  9  agent's business office, or if no such office is required

10  under this code, by the municipal corporation of the agent's

11  place of residence.

12         Section 46.  Subsections (1) and (3) of section

13  626.0428, Florida Statutes, are amended to read:

14         626.0428  Agency personnel powers, duties, and

15  limitations.--

16         (1)  An individual employed by an agent or agency on

17  salary who devotes full time to clerical work, with incidental

18  taking of insurance applications or quoting or receiving

19  premiums on incoming inquiries in the office of the agent or

20  agency, is not deemed to be an agent or, customer

21  representative, or solicitor if his or her compensation does

22  not include in whole or in part any commissions on such

23  business and is not related to the production of applications,

24  insurance, or premiums.

25         (3)  No employee of an agent or agency may initiate

26  contact with any person for the purpose of soliciting

27  insurance unless licensed and appointed as a general lines

28  agent or, customer representative, or solicitor.

29         Section 47.  Subsections (1) and (2) of section

30  626.112, Florida Statutes, are amended to read:

31

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  1         626.112  License and appointment required; agents,

  2  customer representatives, solicitors, adjusters, insurance

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

  4         (1)(a)  No person may be, act as, or advertise or hold

  5  himself or herself out to be an insurance agent, customer

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

  7  currently licensed and appointed.

  8         (b)  Except as provided in subsection (6) or in

  9  applicable department rules, and in addition to other conduct

10  described in this chapter with respect to particular types of

11  agents, a license as an insurance agent, service

12  representative, solicitor, customer representative, or limited

13  customer representative is required in order to engage in the

14  solicitation of insurance. For purposes of this requirement,

15  as applicable to any of the license types described in this

16  section, the solicitation of insurance is the attempt to

17  persuade any person to purchase an insurance product by:

18         1.  Describing the benefits or terms of insurance

19  coverage, including premiums or rates of return;

20         2.  Distributing an invitation to contract to

21  prospective purchasers;

22         3.  Making general or specific recommendations as to

23  insurance products;

24         4.  Completing orders or applications for insurance

25  products; or

26         5.  Comparing insurance products, advising as to

27  insurance matters, or interpreting policies or coverages.

28

29  However, an employee leasing company licensed pursuant to

30  chapter 468 which is seeking to enter into a contract with an

31  employer that identifies products and services offered to

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  1  employees may deliver proposals for the purchase of employee

  2  leasing services to prospective clients of the employee

  3  leasing company setting forth the terms and conditions of

  4  doing business; classify employees as permitted by s. 468.529;

  5  collect information from prospective clients and other sources

  6  as necessary to perform due diligence on the prospective

  7  client and to prepare a proposal for services; provide and

  8  receive enrollment forms, plans, and other documents; and

  9  discuss or explain in general terms the conditions,

10  limitations, options, or exclusions of insurance benefit plans

11  available to the client or employees of the employee leasing

12  company were the client to contract with the employee leasing

13  company. Any advertising materials or other documents

14  describing specific insurance coverages must identify and be

15  from a licensed insurer or its licensed agent or a licensed

16  and appointed agent employed by the employee leasing company.

17  The employee leasing company may not advise or inform the

18  prospective business client or individual employees of

19  specific coverage provisions, exclusions, or limitations of

20  particular plans. As to clients for which the employee leasing

21  company is providing services pursuant to s. 468.525(4), the

22  employee leasing company may engage in activities permitted by

23  ss. 626.041, 626.051, and 626.062, subject to the restrictions

24  specified in those sections. If a prospective client requests

25  more specific information concerning the insurance provided by

26  the employee leasing company, the employee leasing company

27  must refer the prospective business client to the insurer or

28  its licensed agent or to a licensed and appointed agent

29  employed by the employee leasing company.

30         (2)  No agent or, customer representative, or solicitor

31  shall solicit or otherwise transact as agent or, customer

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  1  representative, or solicitor, or represent or hold himself or

  2  herself out to be an agent or, customer representative, or

  3  solicitor as to, any kind or kinds of insurance as to which he

  4  or she is not then licensed and appointed.

  5         Section 48.  Section 626.141, Florida Statutes, is

  6  amended to read:

  7         626.141  Violation not to affect validity of

  8  insurance.--An insurance contract which is otherwise valid and

  9  binding as between the parties thereto shall not be rendered

10  invalid by reason of having been solicited, handled, or

11  procured by or through an unlicensed agent or, customer

12  representative, or solicitor or an agent or, customer

13  representative, or solicitor who has not been appointed.

14         Section 49.  Subsection (5) of section 626.171, Florida

15  Statutes, is amended to read:

16         626.171  Application for license.--

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

18  representative, solicitor, adjuster, insurance agency, service

19  representative, managing general agent, or reinsurance

20  intermediary must be accompanied by a set of the individual

21  applicant's fingerprints, or, if the applicant is not an

22  individual, by a set of the fingerprints of the sole

23  proprietor, majority owner, partners, officers, and directors,

24  on a form adopted by rule of the department and accompanied by

25  the fingerprint processing fee set forth in s. 624.501.  The

26  fingerprints shall be certified by a law enforcement officer.

27         Section 50.  Subsections (1) and (3) of section

28  626.221, Florida Statutes, are amended to read:

29         626.221  Examination requirement; exemptions.--

30         (1)  The department shall not issue any license as

31  agent, solicitor, customer representative, or adjuster to any

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  1  individual who has not qualified for, taken, and passed to the

  2  satisfaction of the department a written examination of the

  3  scope prescribed in s. 626.241.

  4         (3)  An individual who is already licensed as a

  5  solicitor or customer representative shall not be licensed as

  6  a general lines agent without application and examination for

  7  such license.

  8         Section 51.  Paragraph (d) of subsection (3) of section

  9  626.2815, Florida Statutes, is amended to read:

10         626.2815  Continuing education required; application;

11  exceptions; requirements; penalties.--

12         (3)

13         (d)  Any person who holds a license as a customer

14  representative, limited customer representative,

15  administrative agent, title agent, solicitor, motor vehicle

16  physical damage and mechanical breakdown insurance agent, crop

17  or hail and multiple-peril crop insurance agent, or as an

18  industrial fire insurance or burglary insurance agent and who

19  is not a licensed life or health insurance agent, shall be

20  required to complete 14 hours of continuing education courses

21  every 2 years, except, for compliance periods beginning on

22  January 1, 1998, each licensee subject to this paragraph shall

23  be required to complete 10 hours of continuing education

24  courses every 2 years.

25         Section 52.  Paragraphs (b) and (f) of subsection (1)

26  of section 626.321, Florida Statutes, are amended to read:

27         626.321  Limited licenses.--

28         (1)  The department shall issue to a qualified

29  individual, or a qualified individual or entity under

30  paragraphs (c), (d), and (e), a license as agent authorized to

31

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  1  transact a limited class of business in any of the following

  2  categories:

  3         (b)  Industrial fire insurance or burglary

  4  insurance.--License covering only industrial fire insurance or

  5  burglary insurance.  The applicant for such a license shall

  6  pass a written examination covering such insurance.  No

  7  individual while so licensed shall hold a license as an agent

  8  or solicitor as to any other or additional kind or class of

  9  insurance coverage except as to life and health insurances.

10         (f)  Credit insurance.--License covering only credit

11  insurance, as such insurance is defined in s. 624.605(1)(i),

12  and no individual or entity so licensed shall, during the same

13  period, hold a license as an agent or solicitor as to any

14  other or additional kind of life or health insurance with the

15  exception of credit life or disability insurance as defined in

16  paragraph (e). The same licensing provisions as outlined in

17  paragraph (e) apply to entities licensed as credit insurance

18  agents under this paragraph.

19         Section 53.  Subsections (5) and (6) of section

20  626.451, Florida Statutes, are amended to read:

21         626.451  Appointment of agent or other

22  representative.--

23         (5)  Any law enforcement agency or state attorney's

24  office that is aware that an agent, adjuster, service

25  representative, solicitor, customer representative, or

26  managing general agent has pleaded guilty or nolo contendere

27  to or has been found guilty of a felony shall notify the

28  department of such fact.

29         (6)  Upon the filing of an information or indictment

30  against an agent, adjuster, service representative, solicitor,

31  customer representative, or managing general agent, the state

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  1  attorney shall immediately furnish the department a certified

  2  copy of the information or indictment.

  3         Section 54.  Subsection (1) of section 626.511, Florida

  4  Statutes, is amended to read:

  5         626.511  Reasons for termination; confidential

  6  information.--

  7         (1)  Any insurer terminating the appointment of an

  8  agent; any general lines agent terminating the appointment of

  9  a solicitor, customer representative, or a crop hail or

10  multiple-peril crop insurance agent; and any employer

11  terminating the appointment of an adjuster, service

12  representative, or managing general agent, whether such

13  termination is by direct action of the appointing insurer,

14  agent, or employer or by failure to renew or continue the

15  appointment as provided, shall file with the department a

16  statement of the reasons, if any, for and the facts relative

17  to such termination.  In the case of termination of the

18  appointment of an agent, such information may be filed by the

19  insurer or by the general agent of the insurer.

20         Section 55.  Subsection (1) of section 626.521, Florida

21  Statutes, is amended to read:

22         626.521  Character, credit reports.--

23         (1)  As to each applicant who for the first time in

24  this state is applying and qualifying for a license as agent,

25  solicitor, adjuster, service representative, customer

26  representative, or managing general agent, the appointing

27  insurer or its manager or general agent in this state, in the

28  case of agents, or the appointing general lines agent, in the

29  case of solicitors or customer representatives, or the

30  employer, in the case of service representatives and of

31  adjusters who are not to be self-employed, shall

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  1  coincidentally with such appointment or employment secure and

  2  thereafter keep on file a full detailed credit and character

  3  report made by an established and reputable independent

  4  reporting service, relative to the individual so appointed or

  5  employed.

  6         Section 56.  Subsections (1) and (3) of section

  7  626.561, Florida Statutes, are amended to read:

  8         626.561  Reporting and accounting for funds.--

  9         (1)  All premiums, return premiums, or other funds

10  belonging to insurers or others received by an agent, customer

11  representative, solicitor, or adjuster in transactions under

12  his or her license are trust funds received by the licensee in

13  a fiduciary capacity. An agent shall keep the funds belonging

14  to each insurer for which he or she is not appointed, other

15  than a surplus lines insurer, in a separate account so as to

16  allow the department to properly audit such funds. The

17  licensee in the applicable regular course of business shall

18  account for and pay the same to the insurer, insured, or other

19  person entitled thereto.

20         (3)  Any agent, customer representative, solicitor, or

21  adjuster who, not being lawfully entitled thereto, either

22  temporarily or permanently diverts or misappropriates such

23  funds or any portion thereof or deprives the other person of a

24  benefit therefrom commits the offense specified below:

25         (a)  If the funds diverted or misappropriated are $300

26  or less, a misdemeanor of the first degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (b)  If the funds diverted or misappropriated are more

29  than $300, but less than $20,000, a felony of the third

30  degree, punishable as provided in s. 775.082, s. 775.083, or

31  s. 775.084.

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  1         (c)  If the funds diverted or misappropriated are

  2  $20,000 or more, but less than $100,000, a felony of the

  3  second degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.

  5         (d)  If the funds diverted or misappropriated are

  6  $100,000 or more, a felony of the first degree, punishable as

  7  provided in s. 775.082, s. 775.083, or s. 775.084.

  8         Section 57.  Subsection (1) of section 626.601, Florida

  9  Statutes, is amended to read:

10         626.601  Improper conduct; inquiry; fingerprinting.--

11         (1)  The department may, upon its own motion or upon a

12  written complaint signed by any interested person and filed

13  with the department, inquire into any alleged improper conduct

14  of any licensed agent, solicitor, adjuster, service

15  representative, managing general agent, customer

16  representative, title insurance agent, title insurance agency,

17  continuing education course provider, instructor, school

18  official, or monitor group under this code. The department may

19  thereafter initiate an investigation of any such licensee if

20  it has reasonable cause to believe that the licensee has

21  violated any provision of the insurance code. During the

22  course of its investigation, the department shall contact the

23  licensee being investigated unless it determines that

24  contacting such person could jeopardize the successful

25  completion of the investigation or cause injury to the public.

26         Section 58.  Section 626.611, Florida Statutes, is

27  amended to read:

28         626.611  Grounds for compulsory refusal, suspension, or

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

30  adjuster's, customer representative's, service

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

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

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

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

  4  adjuster, customer representative, service representative, or

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

  6  eligibility to hold a license or appointment of any such

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

  8  appointee any one or more of the following applicable grounds

  9  exist:

10         (1)  Lack of one or more of the qualifications for the

11  license or appointment as specified in this code.

12         (2)  Material misstatement, misrepresentation, or fraud

13  in obtaining the license or appointment or in attempting to

14  obtain the license or appointment.

15         (3)  Failure to pass to the satisfaction of the

16  department any examination required under this code.

17         (4)  If the license or appointment is willfully used,

18  or to be used, to circumvent any of the requirements or

19  prohibitions of this code.

20         (5)  Willful misrepresentation of any insurance policy

21  or annuity contract or willful deception with regard to any

22  such policy or contract, done either in person or by any form

23  of dissemination of information or advertising.

24         (6)  If, as an adjuster, or agent licensed and

25  appointed to adjust claims under this code, he or she has

26  materially misrepresented to an insured or other interested

27  party the terms and coverage of an insurance contract with

28  intent and for the purpose of effecting settlement of claim

29  for loss or damage or benefit under such contract on less

30  favorable terms than those provided in and contemplated by the

31  contract.

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  1         (7)  Demonstrated lack of fitness or trustworthiness to

  2  engage in the business of insurance.

  3         (8)  Demonstrated lack of reasonably adequate knowledge

  4  and technical competence to engage in the transactions

  5  authorized by the license or appointment.

  6         (9)  Fraudulent or dishonest practices in the conduct

  7  of business under the license or appointment.

  8         (10)  Misappropriation, conversion, or unlawful

  9  withholding of moneys belonging to insurers or insureds or

10  beneficiaries or to others and received in conduct of business

11  under the license or appointment.

12         (11)  Unlawfully rebating, attempting to unlawfully

13  rebate, or unlawfully dividing or offering to divide his or

14  her commission with another.

15         (12)  Having obtained or attempted to obtain, or having

16  used or using, a license or appointment as agent or, customer

17  representative, or solicitor for the purpose of soliciting or

18  handling "controlled business" as defined in s. 626.730 with

19  respect to general lines agents, s. 626.784 with respect to

20  life agents, and s. 626.830 with respect to health agents.

21         (13)  Willful failure to comply with, or willful

22  violation of, any proper order or rule of the department or

23  willful violation of any provision of this code.

24         (14)  Having been found guilty of or having pleaded

25  guilty or nolo contendere to a felony or a crime punishable by

26  imprisonment of 1 year or more under the law of the United

27  States of America or of any state thereof or under the law of

28  any other country which involves moral turpitude, without

29  regard to whether a judgment of conviction has been entered by

30  the court having jurisdiction of such cases.

31

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  1         (15)  Fraudulent or dishonest practice in submitting or

  2  aiding or abetting any person in the submission of an

  3  application for workers' compensation coverage under chapter

  4  440 containing false or misleading information as to employee

  5  payroll or classification for the purpose of avoiding or

  6  reducing the amount of premium due for such coverage.

  7         (16)  Sale of an unregistered security that was

  8  required to be registered, pursuant to chapter 517.

  9         Section 59.  Section 626.621, Florida Statutes, is

10  amended to read:

11         626.621  Grounds for discretionary refusal, suspension,

12  or revocation of agent's, solicitor's, adjuster's, customer

13  representative's, service representative's, or managing

14  general agent's license or appointment.--The department may,

15  in its discretion, deny an application for, suspend, revoke,

16  or refuse to renew or continue the license or appointment of

17  any applicant, agent, solicitor, adjuster, customer

18  representative, service representative, or managing general

19  agent, and it may suspend or revoke the eligibility to hold a

20  license or appointment of any such person, if it finds that as

21  to the applicant, licensee, or appointee any one or more of

22  the following applicable grounds exist under circumstances for

23  which such denial, suspension, revocation, or refusal is not

24  mandatory under s. 626.611:

25         (1)  Any cause for which issuance of the license or

26  appointment could have been refused had it then existed and

27  been known to the department.

28         (2)  Violation of any provision of this code or of any

29  other law applicable to the business of insurance in the

30  course of dealing under the license or appointment.

31

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  1         (3)  Violation of any lawful order or rule of the

  2  department.

  3         (4)  Failure or refusal, upon demand, to pay over to

  4  any insurer he or she represents or has represented any money

  5  coming into his or her hands belonging to the insurer.

  6         (5)  Violation of the provision against twisting, as

  7  defined in s. 626.9541(1)(l).

  8         (6)  In the conduct of business under the license or

  9  appointment, engaging in unfair methods of competition or in

10  unfair or deceptive acts or practices, as prohibited under

11  part IX of this chapter, or having otherwise shown himself or

12  herself to be a source of injury or loss to the public or

13  detrimental to the public interest.

14         (7)  Willful overinsurance of any property or health

15  insurance risk.

16         (8)  Having been found guilty of or having pleaded

17  guilty or nolo contendere to a felony or a crime punishable by

18  imprisonment of 1 year or more under the law of the United

19  States of America or of any state thereof or under the law of

20  any other country, without regard to whether a judgment of

21  conviction has been entered by the court having jurisdiction

22  of such cases.

23         (9)  If a life agent, violation of the code of ethics.

24         (10)  Cheating on an examination required for licensure

25  or violating test center or examination procedures published

26  orally, in writing, or electronically at the test site by

27  authorized representatives of the examination program

28  administrator.  Communication of test center and examination

29  procedures must be clearly established and documented.

30         (11)  Failure to inform the department in writing

31  within 30 days after pleading guilty or nolo contendere to, or

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  1  being convicted or found guilty of, any felony or a crime

  2  punishable by imprisonment of 1 year or more under the law of

  3  the United States or of any state thereof, or under the law of

  4  any other country without regard to whether a judgment of

  5  conviction has been entered by the court having jurisdiction

  6  of the case.

  7         (12)  Knowingly aiding, assisting, procuring, advising,

  8  or abetting any person in the violation of or to violate a

  9  provision of the insurance code or any order or rule of the

10  department.

11         Section 60.  Subsections (2) and (3) of section

12  626.641, Florida Statutes, are amended to read:

13         626.641  Duration of suspension or revocation.--

14         (2)  No person or appointee under any license or

15  appointment revoked by the department, nor any person whose

16  eligibility to hold same has been revoked by the department,

17  shall have the right to apply for another license or

18  appointment under this code within 2 years from the effective

19  date of such revocation or, if judicial review of such

20  revocation is sought, within 2 years from the date of final

21  court order or decree affirming the revocation. The department

22  shall not, however, grant a new license or appointment or

23  reinstate eligibility to hold such license or appointment if

24  it finds that the circumstance or circumstances for which the

25  eligibility was revoked or for which the previous license or

26  appointment was revoked still exist or are likely to recur; if

27  an individual's license as agent or, customer representative,

28  or solicitor or eligibility to hold same has been revoked upon

29  the ground specified in s. 626.611(12), the department shall

30  refuse to grant or issue any new license or appointment so

31  applied for.

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  1         (3)  If licenses as agent or, customer representative,

  2  or solicitor, or the eligibility to hold same, as to the same

  3  individual have been revoked at two separate times, the

  4  department shall not thereafter grant or issue any license

  5  under this code as to such individual.

  6         Section 61.  Subsections (1) and (2) of section

  7  626.651, Florida Statutes, are amended to read:

  8         626.651  Effect of suspension, revocation upon

  9  associated licenses and appointments and licensees and

10  appointees.--

11         (1)  Upon suspension, revocation, or refusal to renew

12  or continue any one license of an agent or, customer

13  representative, or solicitor, or upon suspension or revocation

14  of eligibility to hold a license or appointment, the

15  department shall at the same time likewise suspend or revoke

16  all other licenses, appointments, or status of eligibility

17  held by the licensee or appointee under this code.

18         (2)  In case of the suspension or revocation of license

19  and appointments of any general lines agent, or in case of

20  suspension or revocation of eligibility, the license and

21  appointments of any other agents who are members of such

22  agency, whether incorporated or unincorporated, and any

23  solicitors or customer representatives employed by such

24  agency, who knowingly are parties to the act which formed the

25  ground for the suspension or revocation may likewise be

26  suspended or revoked.

27         Section 62.  Subsections (1) and (2) of section

28  626.730, Florida Statutes, are amended to read:

29         626.730  Purpose of license.--

30         (1)  The purpose of a license issued under this code to

31  a general lines agent or, customer representative, or

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  1  solicitor is to authorize and enable the licensee actively and

  2  in good faith to engage in the insurance business as such an

  3  agent or, customer representative, or solicitor with respect

  4  to the public and to facilitate the public supervision of such

  5  activities in the public interest, and not for the purpose of

  6  enabling the licensee to receive a rebate of premium in the

  7  form of commission or other compensation as an agent or,

  8  customer representative, or solicitor or enabling the licensee

  9  to receive commissions or other compensation based upon

10  insurance solicited or procured by or through him or her upon

11  his or her own interests or those of other persons with whom

12  he or she is closely associated in capacities other than that

13  of insurance agent or, customer representative, or solicitor.

14         (2)  The department shall not grant, renew, continue,

15  or permit to exist any license or appointment as such agent

16  or, customer representative, or solicitor as to any applicant

17  therefor or licensee or appointee thereunder if it finds that

18  the license or appointment has been, is being, or will

19  probably be used by the applicant, licensee, or appointee for

20  the purpose of securing rebates or commissions on "controlled

21  business," that is, on insurance written on his or her own

22  interests or those of his or her family or of any firm,

23  corporation, or association with which he or she is

24  associated, directly or indirectly, or in which he or she has

25  an interest other than as to the insurance thereof.

26         Section 63.  Section 626.745, Florida Statutes, is

27  amended to read:

28         626.745  Service representatives, managing general

29  agents; managers; activities.--Individuals employed by

30  insurers or their managers, general agents, or representatives

31  as service representatives, and as managing general agents

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  1  employed for the purpose of or engaged in assisting agents and

  2  solicitors in negotiating and effecting contracts of

  3  insurance, shall engage in such activities when, and only

  4  when, accompanied by an agent or solicitor duly licensed and

  5  appointed as a resident licensee and appointee under this

  6  code.

  7         Section 64.  Paragraphs (h) and (u) of subsection (1)

  8  of section 626.9541, Florida Statutes, are amended to read:

  9         626.9541  Unfair methods of competition and unfair or

10  deceptive acts or practices defined.--

11         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

12  DECEPTIVE ACTS.--The following are defined as unfair methods

13  of competition and unfair or deceptive acts or practices:

14         (h)  Unlawful rebates.--

15         1.  Except as otherwise expressly provided by law, or

16  in an applicable filing with the department, knowingly:

17         a.  Permitting, or offering to make, or making, any

18  contract or agreement as to such contract other than as

19  plainly expressed in the insurance contract issued thereon;

20         b.  Paying, allowing, or giving, or offering to pay,

21  allow, or give, directly or indirectly, as inducement to such

22  insurance contract, any unlawful rebate of premiums payable on

23  the contract, any special favor or advantage in the dividends

24  or other benefits thereon, or any valuable consideration or

25  inducement whatever not specified in the contract;

26         c.  Giving, selling, or purchasing, or offering to

27  give, sell, or purchase, as inducement to such insurance

28  contract or in connection therewith, any stocks, bonds, or

29  other securities of any insurance company or other

30  corporation, association, or partnership, or any dividends or

31

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  1  profits accrued thereon, or anything of value whatsoever not

  2  specified in the insurance contract.

  3         2.  Nothing in paragraph (g) or subparagraph 1. of this

  4  paragraph shall be construed as including within the

  5  definition of discrimination or unlawful rebates:

  6         a.  In the case of any contract of life insurance or

  7  life annuity, paying bonuses to all policyholders or otherwise

  8  abating their premiums in whole or in part out of surplus

  9  accumulated from nonparticipating insurance; provided that any

10  such bonuses or abatement of premiums is fair and equitable to

11  all policyholders and for the best interests of the company

12  and its policyholders.

13         b.  In the case of life insurance policies issued on

14  the industrial debit plan, making allowance to policyholders

15  who have continuously for a specified period made premium

16  payments directly to an office of the insurer in an amount

17  which fairly represents the saving in collection expenses.

18         c.  Readjustment of the rate of premium for a group

19  insurance policy based on the loss or expense thereunder, at

20  the end of the first or any subsequent policy year of

21  insurance thereunder, which may be made retroactive only for

22  such policy year.

23         d.  Issuance of life insurance policies or annuity

24  contracts at rates less than the usual rates of premiums for

25  such policies or contracts, as group insurance or employee

26  insurance as defined in this code.

27         e.  Issuing life or disability insurance policies on a

28  salary savings, bank draft, preauthorized check, payroll

29  deduction, or other similar plan at a reduced rate reasonably

30  related to the savings made by the use of such plan.

31

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  1         3.a.  No title insurer, or any member, employee,

  2  attorney, agent, agency, or solicitor thereof, shall pay,

  3  allow, or give, or offer to pay, allow, or give, directly or

  4  indirectly, as inducement to title insurance, or after such

  5  insurance has been effected, any rebate or abatement of the

  6  agent's, agency's, or title insurer's share of the premium or

  7  any charge for related title services below the cost for

  8  providing such services, or provide any special favor or

  9  advantage, or any monetary consideration or inducement

10  whatever.  Nothing herein contained shall preclude an

11  abatement in an attorney's fee charged for legal services.

12         b.  Nothing in this subparagraph shall be construed as

13  prohibiting the payment of fees to attorneys at law duly

14  licensed to practice law in the courts of this state, for

15  professional services, or as prohibiting the payment of earned

16  portions of the premium to duly appointed agents or agencies

17  who actually perform services for the title insurer.

18         c.  No insured named in a policy, or any other person

19  directly or indirectly connected with the transaction

20  involving the issuance of such policy, including, but not

21  limited to, any mortgage broker, real estate broker, builder,

22  or attorney, any employee, agent, agency, or representative,

23  or solicitor thereof, or any other person whatsoever, shall

24  knowingly receive or accept, directly or indirectly, any

25  rebate or abatement of said charge, or any monetary

26  consideration or inducement, other than as set forth in

27  sub-subparagraph b.

28         (u)  False claims; obtaining or retaining money

29  dishonestly.--

30

31

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  1         1.  Any agent, physician, claimant, or other person who

  2  causes to be presented to any insurer a false claim for

  3  payment, knowing the same to be false; or

  4         2.  Any agent, solicitor, collector, or other person

  5  who represents any insurer or collects or does business

  6  without the authority of the insurer, secures cash advances by

  7  false statements, or fails to turn over when required, or

  8  satisfactorily account for, all collections of such insurer,

  9

10  shall, in addition to the other penalties provided in this

11  act, be guilty of a misdemeanor of the second degree and, upon

12  conviction thereof, shall be subject to the penalties provided

13  by s. 775.082 or s. 775.083.

14         Section 65.  Paragraph (b) of subsection (2) of section

15  627.776, Florida Statutes, is amended to read:

16         627.776  Applicability or inapplicability of Florida

17  Insurance Code provisions to title insurers.--

18         (2)  The following provisions of this code do not apply

19  to title insurance:

20         (b)  Part II of chapter 626 (general lines agents and

21  solicitors; qualifications and requirements).

22         Section 66.  Section 631.155, Florida Statutes, is

23  amended to read:

24         631.155  Agents' balances; premiums and unearned

25  commissions.--Premiums and unearned commissions which have

26  been collected on behalf of an insurer by an agent, solicitor,

27  agency, or other entity or person constitute an asset of the

28  insurer for which the agent, solicitor, agency, or other

29  entity or person has a duty to account to the receiver and to

30  pay over amounts as may be due.  The duty to account to the

31  receiver shall encompass all persons or entities involved in

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  1  the handling and transmittal of premium funds.  An accounting

  2  shall be provided to the receiver within 20 days after receipt

  3  of a written demand for an accounting. If there is a dispute

  4  regarding the accounting, the court shall hear and decide the

  5  matter upon petition of the receiver. Compliance with this

  6  section and payment of sums determined to be owed by the court

  7  within 30 days of judgment, or within other payment terms

  8  approved by the court, shall constitute requirements for

  9  continued licensure of a person holding a license under the

10  Florida Insurance Code, and failure to comply with this

11  section shall be sufficient grounds for the license

12  revocation.

13         Section 67.  Subsection (1) of section 631.341, Florida

14  Statutes, is amended to read:

15         631.341  Notice of insolvency to policyholders by

16  insurer, general agent, or agent.--

17         (1)  The receiver shall, immediately after appointment

18  in any delinquency proceeding against an insurer in which the

19  policies have been canceled, give written notice of such

20  proceeding to each general agent and licensed agent of the

21  insurer in this state.  Each general agent and licensed agent

22  of the insurer in this state shall forthwith give written

23  notice of such proceeding to all subagents, producing agents,

24  brokers, solicitors, and service representatives writing

25  business through such general agent or licensed agent, whether

26  or not such subagents, producing agents, brokers, solicitors,

27  and servicing representatives are licensed or permitted by the

28  insurer and whether or not they are operating under a written

29  agency contract.

30         Section 68.  Section 634.318, Florida Statutes, is

31  amended to read:

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  1         634.318  License and appointment of sales

  2  representatives.--Sales representatives for home warranty

  3  associations and insurers shall be licensed, appointed,

  4  renewed, continued, reinstated, or terminated in the same

  5  manner as prescribed in chapter 626 for insurance

  6  representatives in general, except they shall be exempt from

  7  the fingerprinting, photo identification card, education, and

  8  examination provisions. License, appointment, and other fees

  9  shall be those as prescribed in s. 624.501. No employee or

10  sales representative of a home warranty association or insurer

11  may directly or indirectly solicit or negotiate insurance

12  contracts, or hold herself or himself out in any manner to be

13  an insurance agent or solicitor, unless so qualified,

14  licensed, and appointed therefor under the insurance code. A

15  home warranty association is not required to be licensed as a

16  sales representative to solicit, sell, issue, or otherwise

17  transact the home warranty agreements issued by the home

18  warranty association.

19         Section 69.  Subsections (3) and (4) of section 641.37,

20  Florida Statutes, are amended to read:

21         641.37  Prohibited activities; penalties.--

22         (3)  Any agent or representative, solicitor, examining

23  physician, applicant, or other person who knowingly makes any

24  false and fraudulent statements or representation in, or with

25  reference to, any application or negotiation for health

26  maintenance organization coverage is, in addition to any other

27  penalty provided by law, guilty of a misdemeanor of the first

28  degree, punishable as provided in s. 775.082 or s. 775.083.

29         (4)  Any agent, representative, solicitor, collector,

30  or other person who, while acting on behalf of a health

31  maintenance organization, receives or collects its funds or

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  1  premium payments and fails to satisfactorily account for or

  2  turn over, when required, all such funds or payments is, in

  3  addition to the other penalties provided for by law, guilty of

  4  a misdemeanor of the second degree, punishable as provided in

  5  s. 775.082 or s. 775.083.

  6         Section 70.  Section 642.041, Florida Statutes, is

  7  amended to read:

  8         642.041  Grounds for compulsory refusal, suspension, or

  9  revocation of license or appointment of contracting sales

10  representatives.--The department shall, pursuant to the

11  insurance code, deny, suspend, revoke, or refuse to renew or

12  continue the license or appointment of any sales

13  representative or the license or appointment of any general

14  lines agent or solicitor if it finds that, as to the sales

15  representative or, general lines agent, or solicitor, any one

16  or more of the following applicable grounds exist:

17         (1)  Material misstatement, misrepresentation, or fraud

18  in obtaining or attempting to obtain a license or appointment.

19         (2)  The license or appointment is willfully used, or

20  to be used, to circumvent any of the requirements or

21  prohibitions of ss. 642.011-642.049.

22         (3)  Willful misrepresentation of any legal expense

23  contract or willful deception with regard to any such

24  contract, performed either in person or by any form of

25  dissemination of information or advertising.

26         (4)  In the adjustment of claims, material

27  misrepresentation to a contract holder or other interested

28  party of the terms and coverage of a contract, with the intent

29  and for the purpose of settling such claim on less favorable

30  terms than those provided in and contemplated by the contract.

31

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  1         (5)  Demonstrated lack of fitness or trustworthiness to

  2  engage in the business of legal expense insurance.

  3         (6)  Demonstrated lack of adequate knowledge and

  4  technical competence to engage in the transactions authorized

  5  by the license or appointment.

  6         (7)  Fraudulent or dishonest practices in the conduct

  7  of business under the license or appointment.

  8         (8)  Misappropriation, conversion, or unlawful

  9  withholding of moneys belonging to an insurer or other person

10  and received in the conduct of business under the license or

11  appointment.

12         (9)  Unlawfully rebating, or attempting to unlawfully

13  rebate, or unlawfully dividing, or offering to divide, his or

14  her commission with another.

15         (10)  Willful failure to comply with, or willful

16  violation of, any proper order or rule of the department or

17  willful violation of any provision of ss. 642.011-642.049.

18         (11)  Being found guilty of, or pleading guilty or nolo

19  contendere to, a felony or a crime punishable by imprisonment

20  of 1 year or more under the law of the United States of

21  America or any state thereof or under the law of any other

22  country which involves moral turpitude, without regard to

23  whether a judgment of conviction has been entered.

24         Section 71.  Subsection (2) of section 624.505,

25  subsection (2) of section 626.727, sections 626.737 and

26  626.738, and  subsection (2) of section 626.862, Florida

27  Statutes, and sections 626.031, 626.041, 626.051, 626.062,

28  626.071, 626.072, 626.081, 626.091, 626.094, 626.101, 626.102,

29  626.103, 626.104, 626.736, 626.737, 626.738, 626.739, 626.740,

30  626.790, and 626.791, Florida Statutes, are repealed.

31

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  1         Section 72.  Except as otherwise provided in this act,

  2  this act shall take effect October 1, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1436

  3

  4  Provides legislative intent which states that Florida intends
    to comply with the federal Gramm-Leach-Bliley Act (GLBA) to
  5  achieve the uniformity and reciprocity requirements of GLBA,
    while preserving Florida's consumer protection laws not
  6  inconsistent with GLBA.

  7  Reclassifies present licensure requirements as "consumer
    protection" laws.
  8
    Facilitates the transfer of an agent's license from another
  9  state and simplifies and organizes statutory language to allow
    improved efficiency and ease in the application process for
10  both agents and the Department of Insurance.

11  Requires the Department of Insurance to accept the Uniform
    Application developed by the National Association of Insurance
12  Commissioners for nonresident agent licensing.

13  Eliminates the "solicitor" license and allow such licensees to
    convert to general lines agents.
14
    Extends to nonresident agent applicants the exemptions from
15  the examination requirement enjoyed by resident agent
    applicants holding certain professional designations.
16
    Provides express authority for the Department to enter into
17  reciprocal agreements with other states waiving the
    examination requirement to nonresident general lines agent
18  licensing.

19  Permits the Department to issue a single temporary license
    covering multiple lines and extends the duration for certain
20  lines.

21  Allows the Department to utilize a national producer database
    to verify the license status of producers.
22
    Requires insurance agents to report to the Department of
23  Insurance final dispositions of specified administration
    actions taken against them which relate to the business of
24  insurance.

25  Grants the Department rulemaking authority to establish
    waiting periods and penalties for applicants for certain
26  violations.

27  Requires pre-licensing education and continuing education on
    the subject matter of unauthorized entities engaging in the
28  business of insurance.

29  Increases the penalties for insurance agents who represent or
    aid an unauthorized insurer from a second degree misdemeanor
30  to a third degree felony.

31  Exempts persons adjusting certain crop claims from licensure
    as adjusters.
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  1  Expands from 30 days to 60 days the time period in which a
    licensee must notify the Department of a change in address or
  2  name change and provides penalties.

  3  Defines certain insurance terms.

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