SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
                            CHAMBER ACTION
              Senate                               House
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11  Senator Atwater moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Between lines 71 and 72,
15  
16  insert:  
17         Section 4.  Section 624.04, Florida Statutes, is
18  amended to read:
19         624.04  "Person" defined.--"Person" includes an
20  individual, insurer, company, association, organization,
21  Lloyds, society, reciprocal insurer or interinsurance
22  exchange, partnership, syndicate, business trust, corporation,
23  agent, general agent, broker, solicitor, service
24  representative, adjuster, and every legal entity.
25         Section 5.  Subsection (2) of section 624.303, Florida
26  Statutes, is amended to read:
27         624.303  Seal; certified copies as evidence.--
28         (2)  All certificates executed by the department, other
29  than licenses of agents, solicitors, or adjusters or similar
30  licenses or permits, shall bear its seal.
31         Section 6.  Paragraph (a) of subsection (2) of section
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  624.313, Florida Statutes, is amended to read:
 2         624.313  Publications.--
 3         (2)  The department may prepare and have printed and
 4  published in pamphlet or book form the following:
 5         (a)  As needed, questions and answers for the use of
 6  persons applying for an examination for licensing as agents or
 7  solicitors for property, casualty, surety, health, and
 8  miscellaneous insurers.
 9         Section 7.  Subsection (2) of section 624.317, Florida
10  Statutes, is amended to read:
11         624.317  Investigation of agents, adjusters,
12  administrators, service companies, and others.--If it has
13  reason to believe that any person has violated or is violating
14  any provision of this code, or upon the written complaint
15  signed by any interested person indicating that any such
16  violation may exist, the department shall conduct such
17  investigation as it deems necessary of the accounts, records,
18  documents, and transactions pertaining to or affecting the
19  insurance affairs of any:
20         (2)  Insurance agent or, customer representative, or
21  solicitor, subject to the requirements of s. 626.601.
22         Section 8.  Section 624.34, Florida Statutes, is
23  amended to read:
24         624.34  Authority of Department of Law Enforcement to
25  accept fingerprints of, and exchange criminal history records
26  with respect to, certain persons.--
27         (1)  The Department of Law Enforcement may accept
28  fingerprints of organizers, incorporators, subscribers,
29  officers, stockholders, directors, or any other persons
30  involved, directly or indirectly, in the organization,
31  operation, or management of:
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    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         (a)  Any insurer or proposed insurer transacting or
 2  proposing to transact insurance in this state.
 3         (b)  Any other entity which is examined or investigated
 4  or which is eligible to be examined or investigated under the
 5  provisions of the Florida Insurance Code.
 6         (2)  The Department of Law Enforcement may accept
 7  fingerprints of individuals who apply for a license as an
 8  agent, customer representative, adjuster, service
 9  representative, or managing general agent or the fingerprints
10  of the majority owner, sole proprietor, partners, officers,
11  and directors of a corporation or other legal entity that
12  applies for licensure with the department under the provisions
13  of the Florida Insurance Code.
14         (3)  The Department of Law Enforcement may, to the
15  extent provided for by federal law, exchange state,
16  multistate, and federal criminal history records with the
17  department and the office for the purpose of the issuance,
18  denial, suspension, or revocation of a certificate of
19  authority, certification, or license to operate in this state.
20         (4)  The Department of Law Enforcement may accept
21  fingerprints of any other person required by statute or rule
22  to submit fingerprints to the department or office or any
23  applicant or licensee regulated by the department or office
24  who is required to demonstrate that he or she has not been
25  convicted of or pled guilty or nolo contendere to a felony or
26  a misdemeanor.
27         (5)  The Department of Law Enforcement shall, upon
28  receipt of fingerprints from the department or office, submit
29  the fingerprints to the Federal Bureau of Investigation to
30  check federal criminal history records.
31         (6)  Statewide criminal records obtained through the
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  Department of Law Enforcement, federal criminal records
 2  obtained through the Federal Bureau of Investigation, and
 3  local criminal records obtained through local law enforcement
 4  agencies shall be used by the department and office for the
 5  purpose of issuance, denial, suspension, or revocation of
 6  certificates of authority, certifications, or licenses issued
 7  to operate in this state.
 8         Section 9.  Paragraph (b) of subsection (6) of section
 9  624.501, Florida Statutes, is amended, and subsection (28) is
10  added to that section, to read:
11         624.501  Filing, license, appointment, and
12  miscellaneous fees.--The department shall collect in advance,
13  and persons so served shall pay to it in advance, fees,
14  licenses, and miscellaneous charges as follows:
15         (6)  Insurance representatives, property, marine,
16  casualty, and surety insurance.
17         (b)  Solicitor's or Customer representative' s original
18  appointment and biennial renewal or continuation thereof:
19         Appointment fee....$42.00
20         State tax....12.00
21         County tax....6.00
22         Total....$60.00
23         (28)  Late filing of appointment renewals for agents,
24  adjusters, and other insurance representatives, each
25  appointment....$20.00
26         Section 10.  Section 624.504, Florida Statutes, is
27  amended to read:
28         624.504  Liability for state, county tax.--
29         (1)  Each authorized insurer that uses insurance agents
30  in this state shall be liable for and shall pay the state and
31  county taxes required therefor under s. 624.501 or s. 624.505.
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    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         (2)  Each insurance agent in this state that uses
 2  solicitors shall be liable for and shall pay the state and
 3  county taxes required therefor under s. 624.501. 
 4         Section 11.  Subsection (1) of section 624.506, Florida
 5  Statutes, is amended to read:
 6         624.506  County tax; deposit and remittance.--
 7         (1)  The Insurance Commissioner and Treasurer shall
 8  deposit in the Agents and Solicitors County Tax Trust Fund all
 9  moneys accepted as county tax under this part. She or he shall
10  keep a separate account for all moneys so collected for each
11  county and, after deducting therefrom the service charges
12  provided for in s. 215.20, shall remit the balance to the
13  counties.
14         Section 12.  Subsection (1) of section 624.521, Florida
15  Statutes, is amended to read:
16         624.521  Deposit of certain tax receipts; refund of
17  improper payments.--
18         (1)  The Department of Insurance shall promptly deposit
19  in the State Treasury to the credit of the Insurance
20  Commissioner's Regulatory Trust Fund all "state tax" portions
21  of agents' and solicitors' licenses collected under s. 624.501
22  necessary to fund the Division of Insurance Fraud. The balance
23  of the tax shall be credited to the General Fund. All moneys
24  received by the Department of Insurance not in accordance with
25  the provisions of this code or not in the exact amount as
26  specified by the applicable provisions of this code shall be
27  returned to the remitter. The records of the department shall
28  show the date and reason for such return.
29         Section 13.  Section 626.015, Florida Statutes, is
30  amended to read:
31         626.015  Definitions.--As used in this part:
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    Amendment No. ___   Barcode 763356
 1         (1)  "Adjuster" means a public adjuster as defined in
 2  s. 626.854, independent adjuster as defined in s. 626.855, or
 3  company employee adjuster as defined in s. 626.856.
 4         (2)  "Administrative agent" means a life agent or
 5  health agent who:
 6         (a)  Is employed by a full-time licensed life agent or
 7  health agent who shall supervise and be accountable for the
 8  actions of the administrative agent.
 9         (b)  Performs primarily administrative functions.
10         (c)  Receives no insurance commissions.
11         (d)  Does not solicit or transact business outside of
12  the confines of an insurance agency office.
13         (2)(3)  "Agent" means a general lines agent, life
14  agent, health agent, or title agent, or all such agents, as
15  indicated by context. The term "agent" includes an insurance
16  producer or producer, but does not include a customer
17  representative, limited customer representative, or service
18  representative.
19         (3)(4)  "Appointment" means the authority given by an
20  insurer or employer to a licensee to transact insurance or
21  adjust claims on behalf of an insurer or employer.
22         (4)(5)  "Customer representative" means an individual
23  appointed by a general lines agent or agency to assist that
24  agent or agency in transacting the business of insurance from
25  the office of that agent or agency.
26         (5)(6)  "Department" means the Department of Insurance.
27         (6)(7)  "General lines agent" means an agent
28  transacting any one or more of the following kinds of
29  insurance:
30         (a)  Property insurance.
31         (b)  Casualty insurance, including commercial liability
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    Amendment No. ___   Barcode 763356
 1  insurance underwritten by a risk retention group, a commercial
 2  self-insurance fund as defined in s. 624.462, or a workers'
 3  compensation self-insurance fund established pursuant to s.
 4  624.4621.
 5         (c)  Surety insurance.
 6         (d)  Health insurance, when transacted by an insurer
 7  also represented by the same agent as to property or casualty
 8  or surety insurance.
 9         (e)  Marine insurance.
10         (7)(8)  "Health agent" means an agent representing a
11  health maintenance organization or, as to health insurance
12  only, an insurer transacting health insurance.
13         (8)(9)  "Home state" means the District of Columbia and
14  any state or territory of the United States in which an
15  insurance agent maintains his or her principal place of
16  residence and is licensed to act as an insurance agent.
17         (9)(10)  "Insurance agency" means a business location
18  at which an individual, firm, partnership, corporation,
19  association, or other entity, other than an employee of the
20  individual, firm, partnership, corporation, association, or
21  other entity and other than an insurer as defined by s. 624.03
22  or an adjuster as defined by subsection (1), engages in any
23  activity or employs individuals to engage in any activity
24  which by law may be performed only by a licensed insurance
25  agent.
26         (10)(11)  "License" means a document issued by the
27  department authorizing a person to be appointed to transact
28  insurance or adjust claims for the kind, line, or class of
29  insurance identified in the document.
30         (11)(12)  "Life agent" means an individual representing
31  an insurer as to life insurance and annuity contracts,
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    Amendment No. ___   Barcode 763356
 1  including agents appointed to transact life insurance,
 2  fixed-dollar annuity contracts, or variable contracts by the
 3  same insurer.
 4         (12)(13)  "Limited customer representative" means a
 5  customer representative appointed by a general lines agent or
 6  agency to assist that agent or agency in transacting only the
 7  business of private passenger motor vehicle insurance from the
 8  office of that agent or agency. A limited customer
 9  representative is subject to the Florida Insurance Code in the
10  same manner as a customer representative, unless otherwise
11  specified.
12         (13)(14)  "Limited lines insurance" means those
13  categories of business specified in ss. 626.321 and 635.011.
14         (14)(15)  "Line of authority" means a kind, line, or
15  class of insurance an agent is authorized to transact.
16         (15)(16)(a)  "Managing general agent" means any person
17  managing all or part of the insurance business of an insurer,
18  including the management of a separate division, department,
19  or underwriting office, and acting as an agent for that
20  insurer, whether known as a managing general agent, manager,
21  or other similar term, who, with or without authority,
22  separately or together with affiliates, produces directly or
23  indirectly, or underwrites an amount of gross direct written
24  premium equal to or more than 5 percent of the policyholder
25  surplus as reported in the last annual statement of the
26  insurer in any single quarter or year and also does one or
27  more of the following:
28         1.  Adjusts or pays claims.
29         2.  Negotiates reinsurance on behalf of the insurer.
30         (b)  The following persons shall not be considered
31  managing general agents:
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    Amendment No. ___   Barcode 763356
 1         1.  An employee of the insurer.
 2         2.  A United States manager of the United States branch
 3  of an alien insurer.
 4         3.  An underwriting manager managing all the insurance
 5  operations of the insurer pursuant to a contract, who is under
 6  the common control of the insurer subject to regulation under
 7  ss. 628.801-628.803, and whose compensation is not based on
 8  the volume of premiums written.
 9         4.  Administrators as defined by s. 626.88.
10         5.  The attorney in fact authorized by and acting for
11  the subscribers of a reciprocal insurer under powers of
12  attorney.
13         (16)(17)  "Resident" means an individual domiciled and
14  residing in this state.
15         (17)(18)  "Service representative" means an individual
16  employed by an insurer or managing general agent for the
17  purpose of assisting a general lines agent in negotiating and
18  effecting insurance contracts when accompanied by a licensed
19  general lines agent. A service representative shall not be
20  simultaneously licensed as a general lines agent in this
21  state. This subsection does not apply to life insurance.
22         (18)(19)  "Uniform application" means the uniform
23  application of the National Association of Insurance
24  Commissioners for nonresident agent licensing, effective
25  January 15, 2001, or subsequent versions adopted by rule by
26  the department.
27         Section 14.  Subsection (1) of section 626.022, Florida
28  Statutes, is amended to read:
29         626.022  Scope of part.--
30         (1)  This part applies as to insurance agents,
31  solicitors, service representatives, adjusters, and insurance
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    Amendment No. ___   Barcode 763356
 1  agencies; as to any and all kinds of insurance; and as to
 2  stock insurers, mutual insurers, reciprocal insurers, and all
 3  other types of insurers, except that:
 4         (a)  It does not apply as to reinsurance, except that
 5  ss. 626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211,
 6  ss. 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss.
 7  626.541-626.591, and ss. 626.601-626.711 shall apply as to
 8  reinsurance intermediaries as defined in s. 626.7492.
 9         (b)  The applicability of this chapter as to fraternal
10  benefit societies shall be as provided in chapter 632.
11         (c)  It does not apply to a bail bond agent, as defined
12  in s. 648.25, except as provided in chapter 648 or chapter
13  903.
14         (d)  This part does not apply to a certified public
15  accountant licensed under chapter 473 who is acting within the
16  scope of the practice of public accounting, as defined in s.
17  473.302, provided that the activities of the certified public
18  accountant are limited to advising a client of the necessity
19  of obtaining insurance, the amount of insurance needed, or the
20  line of coverage needed, and provided that the certified
21  public accountant does not directly or indirectly receive or
22  share in any commission or, referral fee, or solicitor's fee.
23         Section 15.  Paragraph (a) of subsection (7) of section
24  626.112, Florida Statutes, is amended to read:
25         626.112  License and appointment required; agents,
26  customer representatives, adjusters, insurance agencies,
27  service representatives, managing general agents.--
28         (7)(a)  No individual, firm, partnership, corporation,
29  association, or any other entity shall act in its own name or
30  under a trade name, directly or indirectly, as an insurance
31  agency, when required to be licensed by this subsection,
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 1  unless it complies with s. 626.172 with respect to possessing
 2  an insurance agency license for each place of business at
 3  which it engages in any activity which may be performed only
 4  by a licensed insurance agent or solicitor.
 5         Section 16.  Paragraph (a) of subsection (2) and
 6  subsection (5) of section 626.171, Florida Statutes, are
 7  amended to read:
 8         626.171  Application for license.--
 9         (2)  In the application, the applicant shall set forth:
10         (a)  His or her full name, age, social security number,
11  residence address, and place of business address, and mailing
12  address.
13         (5)  An application for a license as an agent, customer
14  representative, adjuster, insurance agency, service
15  representative, managing general agent, or reinsurance
16  intermediary must be accompanied by a set of the individual
17  applicant's fingerprints, or, if the applicant is not an
18  individual, by a set of the fingerprints of the sole
19  proprietor, majority owner, partners, officers, and directors,
20  on a form adopted by rule of the department and accompanied by
21  the fingerprint processing fee set forth in s. 624.501.
22  Fingerprints shall be used to investigate the applicant's
23  qualifications pursuant to s. 626.201. The fingerprints shall
24  be taken certified by a law enforcement agency or other
25  department-approved entity officer.
26         Section 17.  Subsection (1) of section 626.175, Florida
27  Statutes, is amended to read:
28         626.175  Temporary licensing.--
29         (1)  The department may issue a nonrenewable temporary
30  license for a period not to exceed 6 months authorizing
31  appointment of a general lines insurance agent or a life
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 1  agent, or an industrial fire or burglary agent, subject to the
 2  conditions described in this section. The fees paid for a
 3  temporary license and appointment shall be as specified in s.
 4  624.501. Fees paid shall not be refunded after a temporary
 5  license has been issued.
 6         (a)  An applicant for a temporary license must be:
 7         1.  A natural person at least 18 years of age.
 8         2.  A United States citizen or legal alien who
 9  possesses work authorization from the United States
10  Immigration and Naturalization Service.
11         (b)(a)1.  In the case of a general lines agent, the
12  department may issue a temporary license to an employee, a
13  family member, a business associate, or a personal
14  representative of a licensed general lines agent for the
15  purpose of continuing or winding up the business affairs of
16  the agent or agency in the event the licensed agent has died
17  or become unable to perform his or her duties because of
18  military service or illness or other physical or mental
19  disability, subject to the following conditions:
20         a.  No other individual connected with the agent's
21  business may be licensed as a general lines agent.
22         b.  The proposed temporary licensee shall be qualified
23  for a regular general lines agent license under this code
24  except as to residence, examination, education, or experience.
25         c.  Application for the temporary license shall have
26  been made by the applicant upon statements and affidavit filed
27  with the department on forms prescribed and furnished by the
28  department.
29         d.  Under a temporary license and appointment, the
30  licensee shall not represent any insurer not last represented
31  by the agent being replaced and shall not be licensed or
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 1  appointed as to any additional kind, line, or class of
 2  insurance other than those covered by the last existing agency
 3  appointments of the replaced agent. If an insurer withdraws
 4  from the agency during the temporary license period, the
 5  temporary licensee may be appointed by another similar insurer
 6  but only for the period remaining under the temporary license.
 7         2.  A regular general lines agent license may be issued
 8  to a temporary licensee upon meeting the qualifications for a
 9  general lines agent license under s. 626.731.
10         (c)(b)  In the case of a life agent, the department may
11  issue a temporary license:
12         1.  To the executor or administrator of the estate of a
13  deceased individual licensed and appointed as a life agent at
14  the time of death;
15         2.  To a surviving next of kin of the deceased
16  individual, if no administrator or executor has been appointed
17  and qualified; however, any license and appointment under this
18  subparagraph shall be canceled upon issuance of a license to
19  an executor or administrator under subparagraph 1.; or
20         3.  To an individual otherwise qualified to be licensed
21  as an agent who has completed the educational or training
22  requirements prescribed in s. 626.7851 and has successfully
23  sat for the required examination prior to termination of such
24  6-month period. The department may issue this temporary
25  license only in the case of a life agent to represent an
26  insurer of the industrial or ordinary-combination class.
27         (d)(c)  In the case of a limited license authorizing
28  appointment as an industrial fire or burglary agent, the
29  department may issue a temporary license to an individual
30  otherwise qualified to be licensed as an agent who has
31  completed the educational or training requirements prescribed
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 1  in s. 626.732 and has successfully sat for the required
 2  examination prior to termination of the 6-month period.
 3         Section 18.  Section 626.202, Florida Statutes, is
 4  amended to read:
 5         626.202  Fingerprinting requirements.--If there is a
 6  change in ownership or control of any entity licensed under
 7  this chapter, or if a new partner, officer, or director is
 8  employed or appointed, a set of fingerprints of the new owner,
 9  partner, officer, or director must be filed with the
10  department within 30 days after the change. The acquisition of
11  10 percent or more of the voting securities of a licensed
12  entity is considered a change of ownership or control. The
13  fingerprints must be taken certified by a law enforcement
14  agency or other department-approved entity officer and be
15  accompanied by the fingerprint processing fee in s. 624.501.
16         Section 19.  Section 626.201, Florida Statutes, is
17  amended to read:
18         626.201  Investigation.--
19         (1)  The department may propound any reasonable
20  interrogatories in addition to those contained in the
21  application, to any applicant for license or appointment, or
22  on any renewal, reinstatement, or continuation thereof,
23  relating to his or her qualifications, residence, prospective
24  place of business, and any other matter which, in the opinion
25  of the department, is deemed necessary or advisable for the
26  protection of the public and to ascertain the applicant's
27  qualifications.
28         (2)  The department may, upon completion of the
29  application, make such further investigation as it may deem
30  advisable of the applicant's character, experience,
31  background, and fitness for the license or appointment.  Such
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 1  an inquiry or investigation shall be in addition to any
 2  examination required to be taken by the applicant as
 3  hereinafter in this chapter provided.
 4         (3)  An inquiry or investigation of the applicant' s
 5  qualifications, character, experience, background, and fitness
 6  must include submission of the applicant's fingerprints to the
 7  Department of Law Enforcement and the Federal Bureau of
 8  Investigation and consideration of any state criminal records,
 9  federal criminal records, or local criminal records obtained
10  from these agencies or from local law enforcement agencies.
11         Section 20.  Paragraphs (e), (f), (g), and (k) of
12  subsection (2) of section 626.221, Florida Statutes, are
13  amended to read:
14         626.221  Examination requirement; exemptions.--
15         (2)  However, no such examination shall be necessary in
16  any of the following cases:
17         (e)  An individual who qualified as a managing general
18  agent, service representative, customer representative, or
19  all-lines adjuster by passing a general lines agent's
20  examination and subsequently was licensed and appointed and
21  has been actively engaged in all lines of property and
22  casualty insurance may, upon filing an application for
23  appointment, be licensed and appointed as a general lines
24  agent for the same kinds of business without taking another
25  examination if he or she holds any such currently effective
26  license referred to in this paragraph or held the license
27  within 48 24 months prior to the date of filing the
28  application with the department.
29         (f)  A person who has been licensed and appointed by
30  the department as a public adjuster or independent adjuster,
31  or licensed and appointed either as an agent or company
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 1  adjuster as to all property, casualty, and surety insurances,
 2  may be licensed and appointed as a company adjuster as to any
 3  of such insurances, or as an independent adjuster or public
 4  adjuster, without additional written examination if an
 5  application for appointment is filed with the department
 6  within 48 24 months following the date of cancellation or
 7  expiration of the prior appointment.
 8         (g)  A person who has been licensed by the department
 9  as an adjuster for motor vehicle, property and casualty,
10  workers' compensation, and health insurance may be licensed as
11  such an adjuster without additional written examination if his
12  or her application for appointment is filed with the
13  department within 48 24 months after cancellation or
14  expiration of the prior license.
15         (k)  An applicant for license as a customer
16  representative who has the designation of Accredited Advisor
17  in Insurance (AAI) from the Insurance Institute of America,
18  the designation of Certified Insurance Counselor (CIC) from
19  the Society of Certified Insurance Service Counselors, the
20  designation of Accredited Customer Service Representative
21  (ACSR) from the Independent Insurance Agents of America, the
22  designation of Certified Professional Service Representative
23  (CPSR) from the National Foundation for Certified Professional
24  Service Representatives Association of Professional Insurance
25  Agents, the designation of Certified Insurance Service
26  Representative (CISR) from the Society of Certified Insurance
27  Service Representatives. Also, an applicant for license as a
28  customer representative who has the designation of Certified
29  Customer Service Representative (CCSR) from the Florida
30  Association of Insurance Agents, or the designation of
31  Registered Customer Service Representative (RCSR) from a
                                  16
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 1  regionally accredited postsecondary institution in this state,
 2  or the designation of Professional Customer Service
 3  Representative (PCSR) from the Professional Career Institute,
 4  whose curriculum has been approved by the department and whose
 5  curriculum includes comprehensive analysis of basic property
 6  and casualty lines of insurance and testing at least equal to
 7  that of standard department testing for the customer
 8  representative license. The department shall adopt rules
 9  establishing standards for the approval of curriculum.
10         Section 21.  Paragraphs (a), (c), and (d) of subsection
11  (3), paragraphs (a), (b), (c), (d),(g), (h), and (i) of
12  subsection (4), and paragraph (b) of subsection (6) of section
13  626.2815, Florida Statutes, are amended to read:
14         626.2815  Continuing education required; application;
15  exceptions; requirements; penalties.--
16         (3)(a)  Each person subject to the provisions of this
17  section must, except as set forth in paragraphs (b) and (c),
18  complete a minimum of 24 28 hours of continuing education
19  courses every 2 years in basic or higher-level courses
20  prescribed by this section or in other courses approved by the
21  department. Each person subject to the provisions of this
22  section must complete, as part of his or her their required
23  number of continuing education hours, 3 hours of continuing
24  education, approved by the department, every 2 years on the
25  subject matter of ethics and a minimum of 2 hours of
26  continuing education, approved by the department, every 2
27  years on the subject matter of unauthorized entities engaging
28  in the business of insurance. The scope of the topic of
29  unauthorized entities shall include the Florida Nonprofit
30  Multiple Employer Welfare Arrangement Act and the Employee
31  Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
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 1  it relates to the provision of health insurance by employers
 2  to their employees and the regulation thereof.
 3         (c)  A licensee who has been licensed for 25 years or
 4  more and is a CLU or a CPCU or has a Bachelor of Science
 5  degree in risk management or insurance with evidence of 18 or
 6  more semester hours in upper-level insurance-related courses
 7  must complete 12 14 hours of continuing education courses
 8  every 2 years in courses prescribed by this section or in
 9  other courses approved by the department, except, for
10  compliance periods beginning January 1, 1998, the licensees
11  described in this paragraph shall be required to complete 10
12  hours of continuing education courses every 2 years.
13         (d)  Any person who holds a license as a customer
14  representative, limited customer representative,
15  administrative agent, title agent, motor vehicle physical
16  damage and mechanical breakdown insurance agent, crop or hail
17  and multiple-peril crop insurance agent, or as an industrial
18  fire insurance or burglary insurance agent and who is not a
19  licensed life or health insurance agent, shall be required to
20  complete 12 14 hours of continuing education courses every 2
21  years, except, for compliance periods beginning on January 1,
22  1998, each licensee subject to this paragraph shall be
23  required to complete 10 hours of continuing education courses
24  every 2 years.
25         (4)  The following courses may be completed in order to
26  meet the continuing education course requirements:
27         (a)  Any part of the Life Underwriter Training Council
28  Life Course Curriculum: 24 28 hours; Health Course: 12 14
29  hours.
30         (b)  Any part of the American College "CLU" diploma
31  curriculum: 24 28 hours.
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 1         (c)  Any part of the Insurance Institute of America's
 2  program in general insurance: 12 14 hours.
 3         (d)  Any part of the American Institute for Property
 4  and Liability Underwriters' Chartered Property Casualty
 5  Underwriter (CPCU) professional designation program: 24 28
 6  hours.
 7         (g)  In the case of title agents, completion of the
 8  Certified Land Closer(CLC) professional designation program
 9  and receipt of the designation: 24 28 hours.
10         (h)  In the case of title agents, completion of the
11  Certified Land Searcher(CLS) professional designation program
12  and receipt of the designation: 24 28 hours.
13         (i)  Any insurance-related course which is approved by
14  the department and taught by an accredited college or
15  university per credit hour granted: 12 14 hours.
16         (6)
17         (b)  The board members shall be appointed as follows:
18         1.  Seven members representing agents of which at least
19  one must be a representative from each of the following
20  organizations: the Florida Association of Insurance Agents;
21  the Florida Association of Insurance and Financial Advisors
22  Life Underwriters; the Professional Insurance Agents of
23  Florida, Inc.; the Florida Association of Health Underwriters;
24  the Specialty Agents' Association; the Latin American Agents'
25  Association; and the National Association of Insurance Women.
26  Such board members must possess at least a bachelor's degree
27  or higher from an accredited college or university with major
28  coursework in insurance, risk management, or education or
29  possess the designation of CLU, CPCU, CHFC, CFP, AAI, or CIC.
30  In addition, each member must possess 5 years of classroom
31  instruction experience or 5 years of experience in the
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 1  development or design of educational programs or 10 years of
 2  experience as a licensed resident agent. Each organization may
 3  submit to the department a list of recommendations for
 4  appointment. If one organization does not submit a list of
 5  recommendations, the Insurance Commissioner may select more
 6  than one recommended person from a list submitted by other
 7  eligible organizations.
 8         2.  Two members representing insurance companies at
 9  least one of whom must represent a Florida Domestic Company
10  and one of whom must represent the Florida Insurance Council.
11  Such board members must be employed within the training
12  department of the insurance company. At least one such member
13  must be a member of the Society of Insurance Trainers and
14  Educators.
15         3.  One member representing the general public who is
16  not directly employed in the insurance industry. Such board
17  member must possess a minimum of a bachelor's degree or higher
18  from an accredited college or university with major coursework
19  in insurance, risk management, training, or education.
20         4.  One member, appointed by the Insurance
21  Commissioner, who represents the department.
22         Section 22.  Section 626.2816, Florida Statutes, is
23  amended to read:
24         626.2816  Regulation of continuing education for
25  licensees, course providers, instructors, school officials,
26  and monitor groups.--
27         (1)  Continuing education course providers,
28  instructors, school officials, and monitor groups must be
29  approved by the department before offering continuing
30  education courses pursuant to s. 626.2815 or s. 626.869.
31         (2)  The department shall adopt rules establishing
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 1  standards for the approval, regulation, and operation of the
 2  continuing education programs and for the discipline of
 3  licensees, course providers, instructors, school officials,
 4  and monitor groups. The standards must be designed to ensure
 5  that such course providers, instructors, school officials, and
 6  monitor groups have the knowledge, competence, and integrity
 7  to fulfill the educational objectives of ss. 626.2815,
 8  626.869(5), 648.385, and 648.386.
 9         (3)  The department shall adopt rules establishing a
10  process by which compliance with the continuing education
11  requirements of ss. 626.2815, 626.869(5), 648.385, and 648.386
12  can be determined, the establishment of a continuing education
13  compliance period requirement cycle for licensees, and forms
14  necessary to implement such a process.
15         Section 23.  Subsection (3) of section 626.2817,
16  Florida Statutes, is amended to read:
17         626.2817  Regulation of course providers, instructors,
18  school officials, and monitor groups involved in prelicensure
19  education for insurance agents and other licensees.--
20         (3)  The department shall adopt rules to establish a
21  process for determining compliance with the prelicensure
22  requirements of this chapter and chapter 648 and shall
23  establish a prelicensure cycle for insurance agents and other
24  licensees. The department shall adopt rules prescribing the
25  forms necessary to administer the prelicensure requirements.
26         Section 24.  Subsections (5) and (6) are added to
27  section 626.311, Florida Statutes, to read:
28         626.311  Scope of license.--
29         (5)  At any time while a license is in force, an
30  insurer may apply to the department on behalf of the licensee
31  for an appointment. Upon receipt of the appointment
                                  21
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 1  application and appointment taxes and fees, the department may
 2  issue the additional appointment without further investigation
 3  concerning the applicant.
 4         (6)  The department may contract with other persons to
 5  administer the appointment process.
 6         Section 25.  Paragraphs (a) and (e) of subsection (1)
 7  and subsections (2) and (3) of section 626.321, Florida
 8  Statutes, are amended to read:
 9         626.321  Limited licenses.--
10         (1)  The department shall issue to a qualified
11  individual, or a qualified individual or entity under
12  paragraphs (c), (d), (e), and (i), a license as agent
13  authorized to transact a limited class of business in any of
14  the following categories:
15         (a)  Motor vehicle physical damage and mechanical
16  breakdown insurance.--License covering insurance against only
17  the loss of or damage to any motor vehicle which is designed
18  for use upon a highway, including trailers and semitrailers
19  designed for use with such vehicles. Such license also covers
20  insurance against the failure of an original or replacement
21  part to perform any function for which it was designed.  The
22  applicant for such a license shall pass a written examination
23  covering motor vehicle physical damage insurance and
24  mechanical breakdown insurance.  No individual while so
25  licensed shall hold a license as an agent or solicitor as to
26  any other or additional kind or class of insurance coverage
27  except as to a limited license for credit life and disability
28  insurances as provided in paragraph(e).
29         (e)  Credit life or disability insurance.--License
30  covering only credit life or disability insurance. The license
31  may be issued only to an individual employed by a life or
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 1  health insurer as an officer or other salaried or commissioned
 2  representative, to an individual employed by or associated
 3  with a lending or financial institution or creditor, or to a
 4  lending or financial institution or creditor, and may
 5  authorize the sale of such insurance only with respect to
 6  borrowers or debtors of such lending or financing institution
 7  or creditor.  However, only the individual or entity whose tax
 8  identification number is used in receiving or is credited with
 9  receiving the commission from the sale of such insurance shall
10  be the licensed agent of the insurer.  No individual while so
11  licensed shall hold a license as an agent or solicitor as to
12  any other or additional kind or class of life or health
13  insurance coverage. An entity holding a limited license under
14  this paragraph is also authorized to sell credit insurance and
15  credit property insurance. An entity applying for a license
16  under this section:
17         1.  Is required to submit only one application for a
18  license under s. 626.171. The requirements of s. 626.171(5)
19  shall only apply to the officers and directors of the entity
20  submitting the application.
21         2.  Is required to obtain a license for each office,
22  branch office, or place of business making use of the entity's
23  business name by applying to the department for the license on
24  a simplified form developed by rule of the department for this
25  purpose.
26         3.  Is not required to pay any additional application
27  fees for a license issued to the offices or places of business
28  referenced in subsection(2), but is required to pay the
29  license fee as prescribed in s. 624.501, be appointed under s.
30  626.112, and pay the prescribed appointment fee under s.
31  624.501. The license obtained under this paragraph shall be
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 1  posted at the business location for which it was issued so as
 2  to be readily visible to prospective purchasers of such
 3  coverage.
 4         (2)  An entity applying for a license under this
 5  section is required to:
 6         (a)  Submit only one application for a license under s.
 7  626.171. The requirements of s. 626.171(5) shall only apply to
 8  the officers and directors of the entity submitting the
 9  application.
10         (b)  Obtain a license for each office, branch office,
11  or place of business making use of the entity's business name
12  by applying to the department for the license on a simplified
13  application form developed by rule of the department for this
14  purpose.
15         (c)  Pay the applicable fees for a license as
16  prescribed in s. 624.501, be appointed under s. 626.112, and
17  pay the prescribed appointment fee under s. 624.501. A
18  licensed and appointed entity shall be directly responsible
19  and accountable for all acts of the licensee's employees.
20         (3)(2)  The limitations of any license issued under
21  this section shall be expressed therein.  The licensee shall
22  have a separate and additional appointment as to each insurer
23  represented.
24         (4)(3)  Except as otherwise expressly provided, an
25  individual applying for or holding a limited license shall be
26  subject to the same applicable requirements and
27  responsibilities as apply to general lines agents in general,
28  if licensed as to motor vehicle physical damage and mechanical
29  breakdown insurance, credit property insurance, industrial
30  fire insurance or burglary insurance, in-transit and storage
31  personal property insurance, communications equipment property
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 1  insurance or communications equipment inland marine insurance,
 2  baggage and motor vehicle excess liability insurance, or
 3  credit insurance; or as apply to life agents or health agents
 4  in general, as the case may be, if licensed as to personal
 5  accident insurance or credit life or credit disability
 6  insurance.
 7         Section 26.  Section 626.322, Florida Statutes, is
 8  amended to read:
 9         626.322  License, appointment; certain military
10  installations.--A natural person, not a resident of this
11  state, may be licensed and appointed to represent an
12  authorized life insurer domiciled in this state or an
13  authorized foreign life insurer which maintains a regional
14  home office in this state, provided such person represents
15  such insurer exclusively at a United States military
16  installation located in a foreign country. The department may,
17  upon request of the applicant and the insurer on application
18  forms furnished by the department and upon payment of fees as
19  prescribed in s. 624.501, issue a license and appointment to
20  such person. By authorizing the effectuation of an appointment
21  for a license, the insurer is thereby certifying shall certify
22  to the department that the applicant has the necessary
23  training to hold himself or herself out as a life insurance
24  representative, and the insurer shall further certify that it
25  is willing to be bound by the acts of such applicant within
26  the scope of his or her employment. Appointments shall be
27  continued as prescribed in s. 626.381 and upon payment of a
28  fee as prescribed in s. 624.501, unless sooner terminated.
29  Such fees received shall be credited to the Insurance
30  Commissioner's Regulatory Trust Fund as provided for in s.
31  624.523.
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 1         Section 27.  Section 626.341, Florida Statutes, is
 2  amended to read:
 3         626.341  Additional appointments; general lines, life,
 4  and health agents.--
 5         (1)  At any time while a licensee's license is in
 6  force, an insurer may apply to the department or person
 7  designated by the department to administer the appointment
 8  process on behalf of a licensee for an additional appointment
 9  as general lines agent or life or health agent for an
10  additional insurer or insurers. The application for
11  appointment shall set forth all information the department may
12  require. Upon receipt of the appointment and payment of the
13  applicable appointment taxes and fees, the department may
14  issue the additional appointment without, in its discretion,
15  further investigation concerning the applicant.
16         (2)  A life or health agent with an appointment in
17  force may solicit applications for policies of insurance on
18  behalf of an insurer with respect to which he or she is not an
19  appointed life or health agent, unless otherwise provided by
20  contract, if such agent simultaneously with the submission to
21  such insurer of the application for insurance solicited by him
22  or her requests the insurer to appoint him or her as agent.
23  However, no commissions shall be paid by such insurer to the
24  agent until such time as an additional appointment with
25  respect to such insurer has been received by the department or
26  person designated by the department to administer the
27  appointment process pursuant to the provisions of subsection
28  (1).
29         Section 28.  Section 626.371, Florida Statutes, is
30  amended to read:
31         626.371  Payment of fees, taxes for appointment period
                                  26
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 1  without appointment.--
 2         (1)  All initial appointments shall be submitted to the
 3  department on a monthly basis no later than 45 days after the
 4  date of appointment and become effective on the date requested
 5  on the appointment form.
 6         (2)  If, upon application and qualification for an
 7  initial or renewal appointment and such investigation as the
 8  department may make, it appears to the department that an
 9  individual who was formerly licensed or is currently licensed
10  but not properly appointed to represent an insurer or employer
11  and who has been actively engaged or is currently actively
12  engaged as such an appointee, but without being appointed as
13  required, the department may, if it finds that such failure to
14  be appointed was an inadvertent error on the part of the
15  insurer or employer so represented, nevertheless issue or
16  authorize the issuance of the appointment as applied for but
17  subject to the condition that, before the appointment is
18  issued, all fees and taxes which would have been due had the
19  applicant been so appointed during such current and prior
20  periods, together with applicable fees pursuant to s. 624.501
21  a continuation fee for such current and prior periods terms of
22  appointment, shall be paid to the department.
23         (3)(a)  Failure to notify the department within the
24  required time period shall result in the appointing entity
25  being assessed a delinquent fee of $250 per appointee.
26  Delinquent fees shall be paid by the appointing entity and may
27  not be charged to the appointee.
28         (b)  Failure to timely renew an appointment by an
29  appointing entity prior to the expiration date of the
30  appointment shall result in the appointing entity being
31  assessed late filling, continuation, and reinstatement fees as
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 1  prescribed in s. 624.501. Such fees must be paid by the
 2  appointing entity and cannot be charged back to the appointee.
 3         Section 29.  Subsections (3) and (4) of section
 4  626.381, Florida Statutes, are amended and a new subsection
 5  (7) is added to that section to read:
 6         626.381  Renewal, continuation, reinstatement, or
 7  termination of appointment.--
 8         (3)  Renewal of an appointment which is received on a
 9  date set forth by the department or person designated by the
10  department to administer the appointment process prior to the
11  expiration of an appointment in the licensee's birth month or
12  license issue date, whichever applies, in the succeeding month
13  may be renewed by the department without penalty and shall be
14  effective as of the first day of the month succeeding the
15  month in which the appointment would have expired.
16         (4)  Renewal of an appointment which is received by the
17  department or person designated by the department to
18  administer the appointment process after the renewal date set
19  by the department may be accepted and effectuated by the
20  department in its discretion if the an additional appointment,
21  late filing, continuation, and reinstatement fee accompanies
22  the renewal request pursuant to s. 624.501. Late filing fees
23  shall be paid by the appointing entity and may not be charged
24  to the appointee.
25         (7)  The department may adopt rules to implement this
26  section.
27         Section 30.  Subsections (1), (2), and (3) of section
28  626.451, Florida Statutes, are amended, and subsection (7) is
29  added to that section, to read:
30         626.451  Appointment of agent or other
31  representative.--
                                  28
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 1         (1)  Each appointing entity or person designated by the
 2  department to administer the appointment process appointing an
 3  agent, adjuster, service representative, customer
 4  representative, or managing general agent in this state shall
 5  file the appointment with the department and, at the same
 6  time, pay the applicable appointment fee and taxes. Every
 7  appointment shall be subject to the prior issuance of the
 8  appropriate agent's, adjuster's, service representative's,
 9  customer representative's, or managing general agent's
10  license.
11         (2)  By authorizing the effectuation of an appointment
12  for a licensee, the appointing entity is thereby certifying to
13  the department that an investigation of the licensee has been
14  made As a part of each appointment there shall be a certified
15  statement or affidavit of an appropriate officer or official
16  of the appointing entity stating what investigation the
17  appointing entity has made concerning the proposed appointee
18  and his or her background and that in the appointing entity's
19  opinion and to the best of its knowledge and belief, the
20  licensee is of good as to the moral character and reputation,
21  and is fit to engage in the insurance business. The appointing
22  entity shall provide to the department fitness, and reputation
23  of the proposed appointee and any other information the
24  department may reasonably require relative to the proposed
25  appointee.
26         (3)  By authorizing the effectuation of In the
27  appointment of an agent, adjuster, service representative,
28  customer representative, or managing general agent the
29  appointing entity is thereby certifying to the department
30  shall also certify therein that it is willing to be bound by
31  the acts of the agent, adjuster, service representative,
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 1  customer representative, or managing general agent, within the
 2  scope of the licensee's his or her employment.
 3         (7)  Each licensee shall advise the department in
 4  writing within 30 days after having been found guilty of or
 5  having pleaded guilty or nolo contendere to a felony or a
 6  crime punishable by imprisonment of 1 year or more under the
 7  laws of the United States, any state of the United States, or
 8  any other country, without regard to whether a judgment of
 9  conviction has been entered by the court having jurisdiction
10  of such cases.
11         Section 31.  Section 626.461, Florida Statutes, is
12  amended to read:
13         626.461  Continuation of appointment of agent or other
14  representative.--Subject to renewal or continuation by the
15  appointing entity, the appointment of the agent, adjuster,
16  solicitor, service representative, customer representative, or
17  managing general agent shall continue in effect until the
18  person's license is revoked or otherwise terminated, unless
19  written notice of earlier termination of the appointment is
20  filed with the department or person designated by the
21  department to administer the appointment process by either the
22  appointing entity or the appointee.
23         Section 32.  Subsections (4) and (5) of section
24  626.471, Florida Statutes, are amended to read:
25         626.471  Termination of appointment.--
26         (4)  An appointee may terminate the appointment at any
27  time by giving written or electronic notice thereof to the
28  appointing entity, and filing a copy of the notice with the
29  department, or person designated by the department to
30  administer the appointment process. The department shall
31  immediately terminate the appointment and notify the
                                  30
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 1  appointing entity of such termination. Such termination shall
 2  be subject to the appointee's contract rights, if any.
 3         (5)  Upon receiving notice of termination, the
 4  department or person designated by the department to
 5  administer the appointment process shall terminate the
 6  appointment.
 7         Section 33.  Subsection (5) of section 626.601, Florida
 8  Statutes, is amended to read:
 9         626.601  Improper conduct; inquiry; fingerprinting.--
10         (5)  If the department, after investigation, has reason
11  to believe that a licensee may have been found guilty of or
12  pleaded guilty or nolo contendere to a felony or a crime
13  related to the business of insurance in this or any other
14  state or jurisdiction, the department may require the licensee
15  to file with the department a complete set of his or her
16  fingerprints, which shall be accompanied by the fingerprint
17  processing fee set forth in s. 624.501. The fingerprints shall
18  be taken certified by an authorized law enforcement agency or
19  other department-approved entity officer.
20         Section 34.  Paragraph (b) of subsection (1) of section
21  626.731, Florida Statutes, is amended to read:
22         626.731  Qualifications for general lines agent's
23  license.--
24         (1)  The department shall not grant or issue a license
25  as general lines agent to any individual found by it to be
26  untrustworthy or incompetent or who does not meet each of the
27  following qualifications:
28         (b)  The applicant is a United States citizen or legal
29  alien who possesses work authorization from the United States
30  Immigration and Naturalization Service and is a bona fide
31  resident of this state. An individual who is a bona fide
                                  31
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 1  resident of this state shall be deemed to meet the residence
 2  requirement of this paragraph, notwithstanding the existence
 3  at the time of application for license of a license in his or
 4  her name on the records of another state as a resident
 5  licensee of such other state, if the applicant furnishes a
 6  letter of clearance satisfactory to the department that the
 7  resident licenses have been canceled or changed to a
 8  nonresident basis and that he or she is in good standing.
 9         Section 35.  Subsection (2) of section 626.7315,
10  Florida Statutes, is amended to read:
11         626.7315  Prohibition against the unlicensed
12  transaction of general lines insurance.--With respect to any
13  line of authority as defined in s. 626.015(7), no individual
14  shall, unless licensed as a general lines agent:
15         (2)  In this state, receive or issue a receipt for any
16  money on account of or for any insurer, or receive or issue a
17  receipt for money from other persons to be transmitted to any
18  insurer for a policy, contract, or certificate of insurance or
19  any renewal thereof, even though the policy, certificate, or
20  contract is not signed by him or her as agent or
21  representative of the insurer, except as provided in s.
22  626.0428(1) ;
23         Section 36.  Paragraphs (a), (b), and (d) of subsection
24  (1) of section 626.732, Florida Statutes, are amended to read:
25         626.732  Requirement as to knowledge, experience, or
26  instruction.--
27         (1)  Except as provided in subsection (3), no applicant
28  for a license as a general lines agent, except for a chartered
29  property and casualty underwriter(CPCU), other than as to a
30  limited license as to baggage and motor vehicle excess
31  liability insurance, credit property insurance, credit
                                  32
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 1  insurance, in-transit and storage personal property insurance,
 2  or communications equipment property insurance or
 3  communication equipment inland marine insurance, shall be
 4  qualified or licensed unless within the 4 years immediately
 5  preceding the date the application for license is filed with
 6  the department the applicant has:
 7         (a)  Taught or successfully completed classroom courses
 8  in insurance, 3 hours of which shall be on the subject matter
 9  of ethics, satisfactory to the department at a school,
10  college, or extension division thereof, approved by the
11  department;
12         (b)  Completed a correspondence course in insurance, 3
13  hours of which shall be on the subject matter of ethics,
14  satisfactory to the department and regularly offered by
15  accredited institutions of higher learning in this state and,
16  except if he or she is applying for a limited license under s.
17  626.321, has had at least 6 months of responsible insurance
18  duties as a substantially full-time bona fide employee in all
19  lines of property and casualty insurance set forth in the
20  definition of general lines agent under s. 626.015;
21         (d)1.  Completed at least 1 year of responsible
22  insurance duties as a licensed and appointed customer
23  representative or limited customer representative in either
24  commercial or personal lines of property and casualty
25  insurance and 40 hours of classroom courses approved by the
26  department covering the areas of property, casualty, surety,
27  health, and marine insurance; or
28         2.  Completed at least 1 year of responsible insurance
29  duties as a licensed and appointed service representative in
30  either commercial or personal lines of property and casualty
31  insurance and 80 hours of classroom courses approved by the
                                  33
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 1  department covering the areas of property, casualty, surety,
 2  health, and marine insurance.
 3         Section 37.  Section 626.733, Florida Statutes, is
 4  amended to read:
 5         626.733  Agency firms and corporations; special
 6  requirements.--If a sole proprietorship, partnership,
 7  corporation, or association holds an agency contract, all
 8  members thereof who solicit, negotiate, or effect insurance
 9  contracts, and all officers and stockholders of the
10  corporation who solicit, negotiate, or effect insurance
11  contracts, are required to qualify and be licensed
12  individually as agents, solicitors, or customer
13  representatives; and all of such agents must be individually
14  appointed as to each property and casualty insurer entering
15  into an agency contract with such agency. Each such appointing
16  insurer as soon as known to it shall comply with this section
17  and shall determine and require that each agent so associated
18  in or so connected with such agency is likewise appointed as
19  to the same such insurer and for the same type and class of
20  license. However, no insurer is required to comply with the
21  provisions of this section if such insurer satisfactorily
22  demonstrates to the department that the insurer has issued an
23  aggregate net written premium, in an agency, in an amount of
24  $25,000 or less.
25         Section 38.  Paragraph (a) of subsection (2) and
26  subsection (3) of section 626.7351, Florida Statutes, are
27  amended to read:
28         626.7351  Qualifications for customer representative's
29  license.--The department shall not grant or issue a license as
30  customer representative to any individual found by it to be
31  untrustworthy or incompetent, or who does not meet each of the
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 1  following qualifications:
 2         (2)(a)  The applicant is a United States citizen or
 3  legal alien who possesses work authorization from the United
 4  States Immigration and Naturalization Service and is a bona
 5  fide resident of this state and will actually reside in the
 6  state at least 6 months out of the year. An individual who is
 7  a bona fide resident of this state shall be deemed to meet the
 8  residence requirements of this subsection, notwithstanding the
 9  existence at the time of application for license of a license
10  in his or her name on the records of another state as a
11  resident licensee of the other state, if the applicant
12  furnishes a letter of clearance satisfactory to the department
13  that the resident licenses have been canceled or changed to a
14  nonresident basis and that he or she is in good standing.
15         (3)  Within the 2 years next preceding the date the
16  application for license was filed with the department, the
17  applicant has completed a course in insurance, 3 hours of
18  which shall be on the subject matter of ethics, approved by
19  the department or has had at least 6 months' experience in
20  responsible insurance duties as a substantially full-time
21  employee. Courses must include instruction on the subject
22  matter 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. ss. 1001 et seq., as such acts relate to the
27  provision of health insurance by employers and the regulation
28  of such insurance.
29         Section 39.  Subsection (2) of section 626.7354,
30  Florida Statutes, is amended to read:
31         626.7354  Customer representative's powers; agent's or
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 1  agency's responsibility.--
 2         (2)  A customer representative may engage in
 3  transacting insurance with customers who have been solicited
 4  by any agent, solicitor, or customer representative in the
 5  same agency, and may engage in transacting insurance with
 6  customers who have not been so solicited to the extent and
 7  under conditions that are otherwise consistent with this part
 8  and with the insurer's contract with the agent appointing him
 9  or her.
10         Section 40.  Paragraph (c) of subsection (1) of section
11  626.7355, Florida Statutes, is amended to read:
12         626.7355  Temporary license as customer representative
13  pending examination.--
14         (1)  The department shall issue a temporary customer
15  representative's license with respect to a person who has
16  applied for such license upon finding that the person:
17         (c)  Is a United States citizen or legal alien who
18  possesses work authorization from the United States
19  Immigration and Naturalization Service and is a bona fide
20  resident of this state or is a resident of another state
21  sharing a common boundary with this state. An individual who
22  is a bona fide resident of this state shall be deemed to meet
23  the residence requirement of this paragraph, notwithstanding
24  the existence at the time of application for license, of a
25  license in his or her name on the records of another state as
26  a resident licensee of such other state, if the applicant
27  furnishes a letter of clearance satisfactory to the department
28  that his or her resident licenses have been canceled or
29  changed to a nonresident basis and that he or she is in good
30  standing.
31         Section 41.  Subsection (3) of section 626.741, Florida
                                  36
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 1  Statutes, is amended to read:
 2         626.741  Nonresident agents; licensing and
 3  restrictions.--
 4         (3)  The department shall not, however, issue any
 5  license and appointment to any nonresident who has an office
 6  or place of business in this state, or who has any direct or
 7  indirect pecuniary interest in any insurance agent or,
 8  insurance agency, or in any solicitor licensed as a resident
 9  of this state; nor to any individual who does not, at the time
10  of issuance and throughout the existence of the Florida
11  license, hold a license as agent or broker issued by his or
12  her home state; nor to any individual who is employed by any
13  insurer as a service representative or who is a managing
14  general agent in any state, whether or not also licensed in
15  another state as an agent or broker. The foregoing requirement
16  to hold a similar license in the applicant's home state does
17  not apply to customer representatives unless the home state
18  licenses residents of that state in a similar manner. The
19  prohibition against having an office or place of business in
20  this state does not apply to customer representatives who are
21  required to conduct business solely within the confines of the
22  office of a licensed and appointed Florida resident general
23  lines agent in this state. The authority of such nonresident
24  license is limited to the specific lines of authority granted
25  in the license issued by the agent's home state and further
26  limited to the specific lines authorized under the nonresident
27  license issued by this state. The department shall have
28  discretion to refuse to issue any license or appointment to a
29  nonresident when it has reason to believe that the applicant
30  by ruse or subterfuge is attempting to avoid the intent and
31  prohibitions contained in this subsection or to believe that
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 1  any of the grounds exist as for suspension or revocation of
 2  license as set forth in ss. 626.611 and 626.621.
 3         Section 42.  Paragraph (a) of subsection (1) of section
 4  626.753, Florida Statutes, is amended to read:
 5         626.753  Sharing commissions; penalty.--
 6         (1)(a)  An agent may divide or share in commissions
 7  only with his or her own employed solicitors and with other
 8  agents appointed and licensed to write the same kind or kinds
 9  of insurance.
10         Section 43.  Paragraphs (b) and (d) of subsection (1)
11  of section 626.785, Florida Statutes, are amended to read:
12         626.785  Qualifications for license.--
13         (1)  The department shall not grant or issue a license
14  as life agent to any individual found by it to be
15  untrustworthy or incompetent, or who does not meet the
16  following qualifications:
17         (b)  Must be a United States citizen or legal alien who
18  possesses work authorization from the United States
19  Immigration and Naturalization Service and a bona fide
20  resident of this state.
21         (d)  Must not be a funeral director or direct disposer,
22  or an employee or representative thereof, or have an office
23  in, or in connection with, a funeral establishment, except
24  that a funeral establishment may contract with a life
25  insurance agent to sell a preneed contract as defined in
26  chapter 497. Notwithstanding other provisions of this chapter,
27  such insurance agent may sell limited policies of insurance
28  covering the expense of final disposition or burial of an
29  insured in the an amount of $12,500, plus an annual percentage
30  increase based on the Annual Consumer Price Index compiled by
31  the United States Department of Labor, beginning with the
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 1  Annual Consumer Price Index announced by the United States
 2  Department of Labor for the year 2003 not to exceed $10,000.
 3         Section 44.  Subsections (1) and (2) of section
 4  626.7851, Florida Statutes, are amended to read:
 5         626.7851  Requirement as to knowledge, experience, or
 6  instruction.--No applicant for a license as a life agent,
 7  except for a chartered life underwriter (CLU), shall be
 8  qualified or licensed unless within the 4 years immediately
 9  preceding the date the application for a license is filed with
10  the department he or she has:
11         (1)  Successfully completed 40 hours of classroom
12  courses in insurance, 3 hours of which shall be on the subject
13  matter of ethics, satisfactory to the department at a school
14  or college, or extension division thereof, or other authorized
15  course of study, approved by the department. Courses must
16  include instruction on the subject matter of unauthorized
17  entities engaging in the business of insurance, to include the
18  Florida Nonprofit Multiple-Employer Welfare Arrangement Act
19  and the Employee Retirement Income Security Act, 29 U.S.C. ss.
20  1001 et seq., as it relates to the provision of life insurance
21  by employers to their employees and the regulation thereof;
22         (2)  Successfully completed a correspondence course in
23  insurance, 3 hours of which shall be on the subject matter of
24  ethics, satisfactory to the department and regularly offered
25  by accredited institutions of higher learning in this state,
26  approved by the department. Courses must include instruction
27  on the subject matter of unauthorized entities engaging in the
28  business of insurance, to include the Florida Nonprofit
29  Multiple-Employer Welfare Arrangement Act and the Employee
30  Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
31  it relates to the provision of life insurance by employers to
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 1  their employees and the regulation thereof;
 2         Section 45.  Subsection (2) of section 626.829, Florida
 3  Statutes, is amended to read:
 4         626.829  "Health agent" defined.--
 5         (2)  Any person who acts for an insurer, or on behalf
 6  of a licensed representative of an insurer, to solicit
 7  applications for or to negotiate and effectuate health
 8  insurance contracts, whether or not he or she is appointed as
 9  an agent, subagent, solicitor, or canvasser or by any other
10  title, shall be deemed to be a health agent and shall be
11  qualified, licensed, and appointed as a health agent.
12         Section 46.  Paragraph (b) of subsection (1) of section
13  626.831, Florida Statutes, is amended to read:
14         626.831  Qualifications for license.--
15         (1)  The department shall not grant or issue a license
16  as health agent as to any individual found by it to be
17  untrustworthy or incompetent, or who does not meet the
18  following qualifications:
19         (b)  Must be a United States citizen or legal alien who
20  possesses work authorization from the United States
21  Immigration and Naturalization Service and a bona fide
22  resident of this state.
23         Section 47.  Subsections (1) and (2) of section
24  626.8311, Florida Statutes, are amended to read:
25         626.8311  Requirement as to knowledge, experience, or
26  instruction.--No applicant for a license as a health agent,
27  except for a chartered life underwriter (CLU), shall be
28  qualified or licensed unless within the 4 years immediately
29  preceding the date the application for license is filed with
30  the department he or she has:
31         (1)  Successfully completed 40 hours of classroom
                                  40
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 1  courses in insurance, 3 hours of which shall be on the subject
 2  matter of ethics, satisfactory to the department at a school
 3  or college, or extension division thereof, or other authorized
 4  course of study, approved by the department. Courses must
 5  include instruction on the subject matter of unauthorized
 6  entities engaging in the business of insurance, to include the
 7  Florida Nonprofit Multiple-Employer Welfare Arrangement Act
 8  and the Employee Retirement Income Security Act, 29 U.S.C. ss.
 9  1001 et seq., as it relates to the provision of health
10  insurance by employers to their employees and the regulation
11  thereof;
12         (2)  Successfully completed a correspondence course in
13  insurance, 3 hours of which shall be on the subject matter of
14  ethics, satisfactory to the department and regularly offered
15  by accredited institutions of higher learning in this state,
16  approved by the department. Courses must include instruction
17  on the subject matter of unauthorized entities engaging in the
18  business of insurance, to include the Florida Nonprofit
19  Multiple-Employer Welfare Arrangement Act and the Employee
20  Retirement Income Security Act, 29 U.S.C. ss. 1001 et seq., as
21  it relates to the provision of health insurance by employers
22  to their employees and the regulation thereof;
23         Section 48.  Subsection (2) of section 626.8414,
24  Florida Statutes, is amended to read:
25         626.8414  Qualifications for examination.--The
26  department must authorize any natural person to take the
27  examination for the issuance of a license as a title insurance
28  agent if the person meets all of the following qualifications:
29         (2)  The applicant must be a United States citizen or
30  legal alien who possesses work authorization from the United
31  States Immigration and Naturalization Service and a bona fide
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 1  resident of this state. A person meets the residency
 2  requirement of this subsection, notwithstanding the existence
 3  at the time of application for license of a license in the
 4  applicant's name on the records of another state as a resident
 5  licensee of such other state, if the applicant furnishes a
 6  letter of clearance satisfactory to the department that the
 7  resident licenses have been canceled or changed to a
 8  nonresident basis and that the applicant is in good standing.
 9         Section 49.  Paragraph (a) of subsection (3) of section
10  626.8417, Florida Statutes, is amended to read:
11         626.8417  Title insurance agent licensure;
12  exemptions.--
13         (3)  The department shall not grant or issue a license
14  as title agent to any individual found by it to be
15  untrustworthy or incompetent, who does not meet the
16  qualifications for examination specified in s. 626.8414, or
17  who does not meet the following qualifications:
18         (a)  Within the 4 years immediately preceding the date
19  of the application for license, the applicant must have
20  completed a 40-hour classroom course in title insurance, 3
21  hours of which shall be on the subject matter of ethics, as
22  approved by the department, or must have had at least 12
23  months of experience in responsible title insurance duties,
24  while working in the title insurance business as a
25  substantially full-time, bona fide employee of a title agency,
26  title agent, title insurer, or attorney who conducts real
27  estate closing transactions and issues title insurance
28  policies but who is exempt from licensure pursuant to
29  paragraph (4)(a). If an applicant's qualifications are based
30  upon the periods of employment at responsible title insurance
31  duties, the applicant must submit, with the application for
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 1  license on a form prescribed by the department, the affidavit
 2  of the applicant and of the employer setting forth the period
 3  of such employment, that the employment was substantially full
 4  time, and giving a brief abstract of the nature of the duties
 5  performed by the applicant.
 6         Section 50.  Section 626.843, Florida Statutes, is
 7  amended to read:
 8         626.843  Renewal, continuation, reinstatement,
 9  termination of title insurance agent's appointment.--
10         (1)  The appointment of a title insurance agent shall
11  continue in force until suspended, revoked, or otherwise
12  terminated, but subject to a renewed request filed by the
13  insurer every 24 months after the original issue date of the
14  appointment, accompanied by payment of the renewal appointment
15  fee and taxes as prescribed in s. 624.501.
16         (2)  Title insurance agent appointments shall be
17  renewed pursuant to s. 626.381 for insurance representatives
18  in general. Each insurer shall file with the department the
19  lists, statements, and information as to appointments which
20  are being renewed or being terminated, accompanied by payment
21  of the applicable renewal fees and taxes as prescribed in s.
22  624.501, by a date set forth by the department following the
23  month during which the appointments will expire.
24         (3)  Request for renewal of an appointment which is
25  received on a date set forth by the department in the
26  succeeding month may be renewed by the department without
27  penalty, and shall be effective as of the day the appointment
28  would have expired.
29         (4)  Request for renewal of an appointment which is
30  received by the department after the date set by the
31  department may be accepted and effectuated by the department
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 1  in its discretion if an additional appointment continuation
 2  and reinstatement fee accompany the request for renewal
 3  pursuant to s. 624.501.
 4         (3)(5)  The appointment issued shall remain in effect
 5  for so long as the appointment represented thereby continues
 6  in force as provided in this section.
 7         Section 51.  Paragraph (b) of subsection (1) of section
 8  626.865, Florida Statutes, is amended to read:
 9         626.865  Public adjuster's qualifications, bond.--
10         (1)  The department shall issue a license to an
11  applicant for a public adjuster's license upon determining
12  that the applicant has paid the applicable fees specified in
13  s. 624.501 and possesses the following qualifications:
14         (b)  Is a United States citizen or legal alien who
15  possesses work authorization from the United States
16  Immigration and Naturalization Service and a bona fide
17  resident of this state.
18         Section 52.  Subsection (2) of section 626.866, Florida
19  Statutes, is amended to read:
20         626.866  Independent adjuster's qualifications.--The
21  department shall issue a license to an applicant for an
22  independent adjuster's license upon determining that the
23  applicable license fee specified in s. 624.501 has been paid
24  and that the applicant possesses the following qualifications:
25         (2)  Is a United States citizen or legal alien who
26  possesses work authorization from the United States
27  Immigration and Naturalization Service and a bona fide
28  resident of this state.
29         Section 53.  Subsection (2) of section 626.867, Florida
30  Statutes, is amended to read:
31         626.867  Company employee adjuster's
                                  44
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    Amendment No. ___   Barcode 763356
 1  qualifications.--The department shall issue a license to an
 2  applicant for a company employee adjuster's license upon
 3  determining that the applicable license fee specified in s.
 4  624.501 has been paid and that the applicant possesses the
 5  following qualifications:
 6         (2)  Is a United States citizen or legal alien who
 7  possesses work authorization from the United States
 8  Immigration and Naturalization Service and a bona fide
 9  resident of this state.
10         Section 54.  Section 626.869, Florida Statutes, is
11  amended to read:
12         626.869  License, adjusters.--
13         (1)  An applicant for a license as an adjuster may
14  qualify and his or her license when issued may cover adjusting
15  in any one of the following classes of insurance:
16         (a)  All lines of insurance except life and annuities.
17         (b)  Motor vehicle physical damage insurance.
18         (c)  Property and casualty insurance.
19         (d)  Workers' compensation insurance.
20         (e)  Health insurance.
21         (2)  All individuals who on October 1, 1990, hold an
22  adjuster's license and appointment limited to fire and allied
23  lines, including marine or casualty or boiler and machinery,
24  may remain licensed and appointed under the limited license
25  and may renew their appointment, but no license or appointment
26  which has been terminated, not renewed, suspended, or revoked
27  shall be reinstated, and no new or additional licenses or
28  appointments shall be issued.
29         (3)  With the exception of a public adjuster limited to
30  health insurance, a limited license set forth in subsection
31  (1) as an independent or public adjuster may only be issued to
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 1  and retained by an employee of an independent or public
 2  adjusting firm which is supervised by a duly appointed
 3  all-lines adjuster or an employee of an independent or public
 4  adjuster licensed and appointed in all lines of insurance
 5  other than life and annuity. The office of the limited lines
 6  adjuster shall be in the office of the licensed all-lines
 7  adjuster responsible for his or her supervision and
 8  instruction.
 9         (3)(4)  The applicant's application for license shall
10  specify which of the foregoing classes of business the
11  application for license is to cover.
12         (4)(5)  Any individual person holding a license for 24
13  consecutive months or longer and who engages in adjusting
14  workers' compensation insurance must, beginning in his or her
15  their birth month and every 2 years thereafter, have completed
16  24 hours of courses, 2 hours of which relate to ethics, in
17  subjects designed to inform the licensee regarding the current
18  insurance workers' compensation laws of this state, so as to
19  enable him or her to engage in business as an a workers'
20  compensation insurance adjuster fairly and without injury to
21  the public and to adjust all claims in accordance with the
22  policy or contract and the workers' compensation laws of this
23  state. In order to qualify as an eligible course under this
24  subsection, the course must:
25         (a)  Have a course outline approved by the department.
26         (b)  Be taught at a school training facility or other
27  location approved by the department.
28         (c)  Be taught by instructors with at least 5 years of
29  experience in the area of workers' compensation, general lines
30  of insurance, or other persons approved by the department.
31  However, a member of The Florida Bar is exempt from the 5
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 1  years' experience requirement.
 2         (d)  Furnish the attendee a certificate of completion.
 3  The course provider shall send a roster to the department in a
 4  format prescribed by the department.
 5         (5)  The regulation of continuing education for
 6  licensees, course providers, instructors, school officials,
 7  and monitor groups shall be as provided for in s. 626.2816.
 8         Section 55.  Subsection (1) of section 626.874, Florida
 9  Statutes, is amended to read:
10         626.874  Catastrophe or emergency adjusters.--
11         (1)  In the event of a catastrophe or emergency, the
12  department may issue a license, for the purposes and under the
13  conditions which it shall fix and for the period of emergency
14  as it shall determine, to persons who are residents or
15  nonresidents of this state, who are at least 18 years of age,
16  who are United States citizens or legal aliens who possess
17  work authorization from the United States Immigration and
18  Naturalization Service, and who are not licensed adjusters
19  under this part but who have been designated and certified to
20  it as qualified to act as adjusters by independent resident
21  adjusters or by an authorized insurer or by a licensed general
22  lines agent to adjust claims, losses, or damages under
23  policies or contracts of insurance issued by such insurers.
24  The fee for the license shall be as provided in s.
25  624.501(12)(c).
26         Section 56.  Section 626.878, Florida Statutes, is
27  amended to read:
28         626.878  Rules; code of ethics.--An adjuster shall
29  subscribe to the code of ethics specified in the rules of the
30  department. The rules shall implement the provisions of this
31  part and specify the terms and conditions of contracts,
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 1  including a right to cancel, and require practices necessary
 2  to ensure fair dealing, prohibit conflicts of interest, and
 3  ensure preservation of the rights of the claimant to
 4  participate in the adjustment of claims.
 5         Section 57.  Subsection (1) of section 626.797, Florida
 6  Statutes, is amended to read:
 7         626.797  Code of ethics.--
 8         (1)  The department shall, after consultation with the
 9  Florida Association Of Insurance and Financial Advisors Life
10  Underwriters, adopt a code of ethics, or continue any such
11  code heretofore so adopted, to govern the conduct of life
12  agents in their relations with the public, other agents, and
13  the insurers.
14         Section 58.  Paragraph (z) of subsection (1) of section
15  626.9541, Florida Statutes, is amended to read:
16         626.9541  Unfair methods of competition and unfair or
17  deceptive acts or practices defined.--
18         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR
19  DECEPTIVE ACTS.--The following are defined as unfair methods
20  of competition and unfair or deceptive acts or practices:
21         (z)  Sliding.--Sliding is the act or practice of:
22         1.  Representing to the applicant that a specific
23  ancillary coverage or product is required by law in
24  conjunction with the purchase of motor vehicle insurance when
25  such coverage or product is not required;
26         2.  Representing to the applicant that a specific
27  ancillary coverage or product is included in the motor vehicle
28  policy applied for without an additional charge when such
29  charge is required; or
30         3.  Charging an applicant for a specific ancillary
31  coverage or product, in addition to the cost of the motor
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 1  vehicle insurance coverage applied for, without the informed
 2  consent of the applicant.
 3         Section 59.  Paragraph (f) is added to subsection (7)
 4  of section 626.9916, Florida Statutes, to read:
 5         626.9916  Viatical settlement broker license required;
 6  application for license.--
 7         (7)  Upon the filing of a sworn application and the
 8  payment of the license fee and all other applicable fees under
 9  this act, the department shall investigate each applicant and
10  may issue the applicant a license if the department finds that
11  the applicant:
12         (f)  If a natural person, is at least 18 years of age
13  and a United States citizen or legal alien who possesses work
14  authorization from the United States Immigration and
15  Naturalization Service.
16         Section 60.  Paragraph (a) of subsection (5) of section
17  627.7295, Florida Statutes, is amended to read:
18         627.7295  Motor vehicle insurance contracts.--
19         (5)(a)  A licensed general lines agent may charge a
20  per-policy fee not to exceed $20 $10 to cover the
21  administrative costs of the agent associated with selling the
22  motor vehicle insurance policy if the policy covers only
23  personal injury protection coverage as provided by s. 627.736
24  and property damage liability coverage as provided by s.
25  627.7275 and if no other insurance is sold or issued in
26  conjunction with or collateral to the policy. The per-policy
27  fee shall be paid only to the agent and may not be paid by or
28  passed on to the insurer. The per-policy fee must be a
29  component of the insurer's rate filing and may not be charged
30  by an agent unless the fee is included in the filing.  The fee
31  is not considered part of the premium except for purposes of
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 1  the department' s review of expense factors in a filing made
 2  pursuant to s. 627.062.
 3         Section 61.  Subsection (3) of section 632.634, Florida
 4  Statutes, is amended to read:
 5         632.634  Licensing and appointment of agents.--
 6         (3)  Any agent, representative, or member of a society
 7  who in any preceding calendar year has solicited and procured
 8  life insurance benefit contracts on behalf of any society in a
 9  total amount of insurance less than $50,000, or, in the case
10  of any other kind or kinds of insurance benefit contracts
11  which the society might write, on not more than 25
12  individuals, shall be exempt from the agent licensing and
13  appointment requirements of subsection (1). Upon request by
14  the department, every society shall register, on forms
15  prescribed by the department and on or before March 1 of each
16  year, the name and residence address of each agent,
17  representative, or member exempt under the provisions of this
18  subsection and shall, within 30 days of termination of
19  employment, notify the department of the termination. Any
20  agent, representative, or member for which an exemption is
21  claimed due to employment by the society subsequent to March 1
22  shall be registered by the society with the department within
23  10 days of the date of employment.
24         Section 62.  Section 634.171, Florida Statutes, is
25  amended to read:
26         634.171  Salesperson to be licensed and
27  appointed.--Salespersons for motor vehicle service agreement
28  companies and insurers shall be licensed, appointed, renewed,
29  continued, reinstated, or terminated as prescribed in chapter
30  626 for insurance representatives in general. However, they
31  shall be exempt from all other provisions of chapter 626
                                  50
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 1  including fingerprinting, photo identification, education, and
 2  examination provisions. License, appointment, and other fees
 3  shall be those prescribed in s. 624.501. A licensed and
 4  appointed salesperson shall be directly responsible and
 5  accountable for all acts of her or his employees and other
 6  representatives. Each service agreement company or insurer
 7  shall, on forms prescribed by the department, within 30 days
 8  after termination of the appointment, notify the department of
 9  such termination. No employee or salesperson of a motor
10  vehicle service agreement company or insurer may directly or
11  indirectly solicit or negotiate insurance contracts, or hold
12  herself or himself out in any manner to be an insurance agent
13  or solicitor, unless so qualified, licensed, and appointed
14  therefor under the Florida Insurance Code. A motor vehicle
15  service agreement company is not required to be licensed as a
16  salesperson to solicit, sell, issue, or otherwise transact the
17  motor vehicle service agreements issued by the motor vehicle
18  service agreement company.
19         Section 63.  Section 634.420, Florida Statutes, is
20  amended to read:
21         634.420  License and appointment of sales
22  representatives.--Sales representatives for service warranty
23  associations or insurers shall be licensed, appointed,
24  renewed, continued, reinstated, or terminated in accordance
25  with procedures as prescribed in chapter 626 for insurance
26  representatives in general. However, they shall be exempt from
27  all other provisions of chapter 626, including fingerprinting,
28  photo identification, education, and examination. License,
29  appointment, and other fees shall be those prescribed in s.
30  624.501. A licensed and appointed sales representative shall
31  be directly responsible and accountable for all acts of the
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 1  licensed sales representative's employees or other
 2  representatives. Each service warranty association or insurer
 3  shall, on forms prescribed by the department, within 30 days
 4  after termination of the appointment, notify the department of
 5  such termination. No employee or sales representative of a
 6  service warranty association or insurer may directly or
 7  indirectly solicit or negotiate insurance contracts, or hold
 8  herself or himself out in any manner to be an insurance agent
 9  or solicitor , unless so qualified, licensed, and appointed
10  therefor under the insurance code.
11         Section 64.  Section 642.034, Florida Statutes, is
12  amended to read:
13         642.034  License and appointment required.--No person
14  may solicit, negotiate, sell, or execute legal expense
15  insurance contracts on behalf of an insurer in this state
16  unless such person is licensed and appointed as a sales
17  representative or is licensed and appointed under the
18  insurance code as a general lines agent or solicitor. No
19  person licensed and appointed as a legal expense insurance
20  sales representative may solicit, negotiate, sell, or execute
21  any other contract of insurance unless such person is duly
22  licensed and appointed to do so under the provisions of
23  chapter 626.
24         Section 65.  Section 642.036, Florida Statutes, is
25  amended to read:
26         642.036  Sales representatives to be licensed and
27  appointed.--Sales representatives of legal expense insurers
28  shall be licensed, appointed, renewed, continued, reinstated,
29  or terminated as prescribed in chapter 626 for insurance
30  representatives in general, and shall pay the license and
31  appointment fees prescribed in s. 624.501. No employee or
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 1  sales representative of an insurer may directly or indirectly
 2  solicit or negotiate insurance contracts, or hold herself or
 3  himself out in any manner to be an insurance agent or
 4  solicitor , unless so qualified, licensed, and appointed
 5  therefor under the insurance code.
 6         Section 66.  Section 642.045, Florida Statutes, is
 7  amended to read:
 8         642.045  Procedure for refusal, suspension, or
 9  revocation of license and appointment of sales representative;
10  departmental action upon violation by licensed insurance agent
11  or solicitor.--
12         (1)  If any sales representative is convicted by a
13  court of a violation of any provision of ss. 642.011-642.049,
14  the license and appointment of such individual shall thereby
15  be deemed to be immediately revoked without any further
16  procedure relative thereto by the department.
17         (2)  Whenever it appears that any licensed insurance
18  agent or solicitor has violated the provisions of ss.
19  642.011-642.049, or if any grounds listed in s. 642.041 or s.
20  642.043 exist as to such agent or solicitor, the department
21  may take such action as is authorized by the insurance code
22  for a violation of the insurance code by such agent or
23  solicitor, or such action as is authorized by this chapter for
24  a violation of this chapter by a sales representative.
25         Section 67.  Paragraph (b) of subsection (5) and
26  subsection (9) of section 648.27, Florida Statutes, are
27  amended to read:
28         648.27  Licenses and appointments; general.--
29         (5)
30         (b)  The license of a temporary bail bond agent or
31  runner shall continue in force until suspended, revoked, or
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 1  otherwise terminated.
 2         (9)  If, upon application for an appointment and such
 3  investigation as the department may make, it appears to the
 4  department that an individual has been actively engaged or is
 5  currently actively engaged in bail bond activities without
 6  being appointed as required, the department may, if it finds
 7  that such failure to be appointed is an error on the part of
 8  the insurer or employer so represented, issue or authorize the
 9  issuance of the appointment as applied for, but subject to the
10  condition that, before the appointment is issued, all fees and
11  taxes which would have been due had the applicant been so
12  appointed during such current and prior periods, together with
13  a continuation fee for such current and prior terms of
14  appointment, shall be paid to the department. Failure to
15  notify the department within the required time period shall
16  result in the appointing entity being assessed a delinquent
17  fee of $250. Delinquent fees shall be paid by the appointing
18  entity and shall not be charged to the appointee.
19         Section 68.  Paragraph (b) of subsection (2) and
20  subsections (5) and (6) of section 648.34, Florida Statutes,
21  are amended to read:
22         648.34  Bail bond agents; qualifications.--
23         (2)  To qualify as a bail bond agent, it must
24  affirmatively appear at the time of application and throughout
25  the period of licensure that the applicant has complied with
26  the provisions of s. 648.355 and has obtained a temporary
27  license pursuant to such section and:
28         (b)  The applicant is a United States citizen or legal
29  alien who possesses work authorization from the United States
30  Immigration and Naturalization Service and is a resident of
31  this state. An individual who is a resident of this state
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 1  shall be deemed to meet the residence requirement of this
 2  paragraph, notwithstanding the existence, at the time of
 3  application for license, of a license in the applicant's name
 4  on the records of another state as a resident licensee of such
 5  other state, if the applicant furnishes a letter of clearance
 6  satisfactory to the department that his or her resident
 7  licenses have been canceled or changed to a nonresident basis
 8  and that he or she is in good standing.
 9         (5)  The department shall conduct a comprehensive
10  investigation of each applicant, including a background check.
11  The investigation of the applicant's qualifications,
12  character, experience, background, and fitness shall include
13  submission of the applicant's fingerprints to the Department
14  of Law Enforcement and the Federal Bureau of Investigation and
15  consideration of any state criminal records, federal criminal
16  records, or local criminal records obtained from these
17  agencies or from local law enforcement agencies.
18         (6)  The provisions of s. 112.011 do not apply to bail
19  bond agents or runners or to applicants for licensure as bail
20  bond agents or runners.
21         Section 69.  Paragraphs (b) and (e) of subsection (1)
22  of section 648.355, Florida Statutes, are amended to read:
23         648.355  Temporary limited license as limited surety
24  agent or professional bail bond agent; pending examination.--
25         (1)  The department may, in its discretion, issue a
26  temporary license as a limited surety agent or professional
27  bail bond agent, subject to the following conditions:
28         (b)  The applicant is a United States citizen or legal
29  alien who possesses work authorization from the United States
30  Immigration and Naturalization Service and is a resident of
31  this state. An individual who is a resident of this state
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 1  shall be deemed to meet the residence requirement of this
 2  paragraph, notwithstanding the existence, at the time of
 3  application for temporary license, of a license in the
 4  individual's name on the records of another state as a
 5  resident licensee of such other state, if the applicant
 6  furnishes a letter of clearance satisfactory to the department
 7  that the individual's resident licenses have been canceled or
 8  changed to a nonresident basis and that the individual is in
 9  good standing.
10         (e)  The applicant must be employed full-time at the
11  time of licensure, and at all times throughout the existence
12  of the temporary license, by only one licensed and appointed
13  supervising bail bond agent, who supervises the work of the
14  applicant and is responsible for the licensee's conduct in the
15  bail bond business. The applicant must be appointed by the
16  same insurers as the supervising bail bond agent. The
17  supervising bail bond agent shall certify monthly to the
18  department under oath, on a form prescribed by the department,
19  the names and hours worked each week of all temporary bail
20  bond agents. Filing a false certification is grounds for the
21  immediate suspension of the license and imposition of a $5,000
22  administrative fine. The department may adopt rules that
23  establish standards for the employment requirements.
24         Section 70.  Paragraph (a) of subsection (2) and
25  subsection (3) of section 648.382, Florida Statutes, are
26  amended, and subsection (6) is added to that section, to read:
27         648.382  Appointment of bail bond agents and temporary
28  bail bond agents; effective date of appointment.--
29         (2)  Prior to any appointment, an appropriate officer
30  or official of the appointing insurer in the case of a bail
31  bond agent or an insurer, managing general agent, or bail bond
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 1  agent in the case of a temporary bail bond agent must submit:
 2         (a)  A certified statement or affidavit to the
 3  department stating what investigation has been made concerning
 4  the proposed appointee and the proposed appointee's background
 5  and the appointing person's opinion to the best of his or her
 6  knowledge and belief as to the moral character, fitness, and
 7  reputation of the proposed appointee. In lieu of such
 8  certified statement or affidavit, by authorizing the
 9  effectuation of an appointment for a licensee, the appointing
10  entity certifies to the department that such investigation has
11  been made and that the results of the investigation and the
12  appointing person's opinion is that the proposed appointee is
13  a person of good moral character and reputation and is fit to
14  engage in the bail bond business;
15         (3)  By authorizing the effectuation of an appointment
16  for a licensee, the appointing insurer certifies to the
17  department Prior to any appointment of a bail bond agent, the
18  appointing insurer must certify to the department that the
19  insurer will be bound by the acts of the bail bond agent
20  acting within the scope of his or her appointment, and, in the
21  case of a temporary bail bond agent, the appointing insurer,
22  managing general agent, or bail bond agent, as the case may
23  be, must certify to the department that he or she will
24  supervise the temporary bail bond agent's activities.
25         (6) Failure to notify the department within the
26  required time period shall result in the appointing entity
27  being assessed a delinquent fee of $250. Delinquent fees shall
28  be paid by the appointing entity and shall not be charged to
29  the appointee.
30         Section 71.  Section 648.383, Florida Statutes, is
31  amended to read:
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 1         648.383  Renewal, continuation, reinstatement, and
 2  termination of appointment; bail bond agents.--
 3         (1)  The appointment of a bail bond agent shall
 4  continue in force unless suspended, revoked, or otherwise
 5  terminated, subject to a renewal request filed by the
 6  appointing entity in the appointee's birth month and every 24
 7  months thereafter.  A renewal request must be filed with the
 8  department or person designated by the department to
 9  administer appointments along with payment of the renewal
10  appointment fee and taxes as prescribed in s. 624.501.
11         (2)  Each appointing person or person designated by the
12  department to administer appointments must file with the
13  department the lists, statement, and information as to each
14  bail bond agent whose appointment is being renewed,
15  accompanied by payment of the applicable renewal fees and
16  taxes as prescribed in s. 624.501, by a date established by
17  the department following the month during which the
18  appointment will expire.
19         (3)  An appointment may be renewed by the department
20  without penalty if the information required under subsection
21  (2) is received by the department on or prior to the
22  expiration of the appointment in the licensee's birth month
23  date established by the department for renewal, and such
24  appointment shall be renewed, is effective on the first day of
25  the month succeeding the month in which the appointment was
26  scheduled to expire.
27         (4)  If the information required under subsection (2)
28  is received by the department after the renewal date
29  established by the department for renewal, the appointment may
30  be renewed by the department if the an additional appointment,
31  late filing, continuation, and reinstatement fees accompany
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    Amendment No. ___   Barcode 763356
 1  fee accompanies the application as required under s. 624.501.
 2         Section 72.  Subsections (1) and (3) of section 648.50,
 3  Florida Statutes, are amended to read:
 4         648.50  Effect of suspension, revocation upon
 5  associated licenses and licensees.--
 6         (1)  Upon the suspension, revocation, or refusal to
 7  renew or continue any license or appointment or the
 8  eligibility to hold a license or appointment of a bail bond
 9  agent or, temporary bail bond agent, or runner, the department
10  shall at the same time likewise suspend or revoke all other
11  licenses or appointments and the eligibility to hold any other
12  such licenses or appointments which may be held by the
13  licensee under the Florida Insurance Code.
14         (3)  No person whose license as a bail bond agent or,
15  temporary bail bond agent, or runner has been revoked or
16  suspended shall be employed by any bail bond agent, have any
17  ownership interest in any business involving bail bonds, or
18  have any financial interest of any type in any bail bond
19  business during the period of revocation or suspension.
20         Section 73.  Sections 626.032 and 626.361, Florida
21  Statutes, are repealed.
22         Section 74.    Paragraph (d) of subsection (6) of
23  section 627.351, Florida Statutes, is amended to read:
24         627.351  Insurance risk apportionment plans.--
25         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
26         (d)1.  It is the intent of the Legislature that the
27  rates for coverage provided by the corporation be actuarially
28  sound and not competitive with approved rates charged in the
29  admitted voluntary market, so that the corporation functions
30  as a residual market mechanism to provide insurance only when
31  the insurance cannot be procured in the voluntary market.
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 1  Rates shall include an appropriate catastrophe loading factor
 2  that reflects the actual catastrophic exposure of the
 3  corporation.
 4         2.  For each county, the average rates of the
 5  corporation for each line of business for personal lines
 6  residential policies excluding rates for wind-only policies
 7  shall be no lower than the average rates charged by the
 8  insurer that had the highest average rate in that county among
 9  the 20 insurers with the greatest total direct written premium
10  in the state for that line of business in the preceding year,
11  except that with respect to mobile home coverages, the average
12  rates of the corporation shall be no lower than the average
13  rates charged by the insurer that had the highest average rate
14  in that county among the 5 insurers with the greatest total
15  written premium for mobile home owner's policies in the state
16  in the preceding year.
17         3.  Rates for personal lines residential wind-only
18  policies must be actuarially sound and not competitive with
19  approved rates charged by authorized insurers. However, for
20  personal lines residential wind-only policies issued or
21  renewed between July 1, 2002, and June 30, 2003, the maximum
22  premium increase must be no greater than 10 percent of the
23  Florida Windstorm Underwriting Association premium for that
24  policy in effect on June 30, 2002, as adjusted for coverage
25  changes and seasonal occupancy surcharges. For personal lines
26  residential wind-only policies issued or renewed between July
27  1, 2003, and June 30, 2004, the corporation shall use its
28  existing filed and approved wind-only rating and
29  classification plans, provided, however, that the maximum
30  premium increase must be no greater than 20 percent of the
31  premium for that policy in effect on June 30, 2003, as
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 1  adjusted for coverage changes and seasonal occupancy
 2  surcharges. add>
 3         The personal lines residential wind-only rates for the
 4  corporation effective July 1, 2003, must be based on a rate
 5  filing by the corporation which establishes rates which are
 6  actuarially sound and not competitive with approved rates
 7  charged by authorized insurers. Corporation rate manuals shall
 8  include a rate surcharge for seasonal occupancy. To ensure
 9  that personal lines residential wind-only rates effective on
10  or after July 1, 2004 2003, are not competitive with approved
11  rates charged by authorized insurers, the corporation, in
12  conjunction with the office, shall develop a wind-only rate
13  making methodology, which methodology shall be contained in a
14  rate filing made by the corporation with the office by January
15  1, 2004. If the office thereafter determines that the
16  wind-only rates or rating factors filed by the corporation
17  fail to comply with the wind-only rate making methodology
18  provided for in this subsection, it shall so notify the
19  corporation and require the corporation to amend its rates or
20  rating factors to come into compliance within 90 days of
21  notice from the office. The office shall report to the Speaker
22  of the House of Representatives and the President of the
23  Senate on the provisions of the wind-only rate making
24  methodology by January 31, 2004 the department, by March 1 of
25  each year, shall provide the corporation, for each county in
26  which there are geographical areas in which personal lines
27  residential wind-only policies may be issued, the average
28  rates charged by the insurer that had the highest average rate
29  in that county for wind coverage in that insurer's rating
30  territories which most closely approximate the geographical
31  area in that county in which personal lines residential
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 1  wind-only policies may be written by the corporation. The
 2  average rates provided must be from an insurer among the 20
 3  insurers with the greatest total direct written premium in the
 4  state for personal lines residential property insurance for
 5  the preceding year. With respect to mobile homes, the five
 6  insurers with the greatest total written premium for that line
 7  of business in the preceding year shall be used. The
 8  corporation shall certify to the department that its average
 9  personal lines residential wind-only rates are no lower in
10  each county than the average rates provided by the department.
11  The department is authorized to adopt rules to establish
12  reporting requirements to obtain the necessary wind-only rate
13  information from insurers to implement this provision.
14         4.  Rates for commercial lines coverage shall not be
15  subject to the requirements of subparagraph 2., but shall be
16  subject to all other requirements of this paragraph and s.
17  627.062.
18         5.  Nothing in this paragraph shall require or allow
19  the corporation to adopt a rate that is inadequate under s.
20  627.062.
21         6.  The corporation shall certify to the office at
22  least twice annually that its personal lines rates comply with
23  the requirements of subparagraphs 1. and 2. If any adjustment
24  in the rates or rating factors of the corporation is necessary
25  to ensure such compliance, the corporation shall make and
26  implement such adjustments and file its revised rates and
27  rating factors with the office. If the office thereafter
28  determines that the revised rates and rating factors fail to
29  comply with the provisions of subparagraphs 1. and 2, it shall
30  notify the corporation and require the corporation to amend
31  its rates or rating factors in conjunction with its next rate
                                  62
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  filing.  The office must notify the corporation by electronic
 2  means of any rate filing it approves for any insurer among the
 3  insurers referred to in subparagraph 2 make a rate filing at
 4  least once a year, but no more often than quarterly.
 5         7.  In addition to the rates otherwise determined
 6  pursuant to this paragraph, the corporation shall impose and
 7  collect an amount equal to the premium tax provided for in s.
 8  624.509 to augment the financial resources of the corporation.
 9         8.a  To assist the corporation in developing additional
10  ratemaking methods to assure compliance with subparagraphs 1.
11  and 4., the corporation shall appoint a rate methodology panel
12  consisting of one person recommended by the Florida
13  Association of Insurance Agents, one person recommended by the
14  Professional Insurance Agents of Florida, one person
15  recommended by the Florida Association of Insurance and
16  Financial Advisors, one person recommended by the insurer with
17  the highest voluntary market share of residential property
18  insurance business in the state, one person recommended by the
19  insurer with the second-highest voluntary market share of
20  residential property insurance business in the state, one
21  person recommended by an insurer writing commercial
22  residential property insurance in this state, one person
23  recommended by the Office of Insurance Regulation, and one
24  board member designated by the board chairman, who shall serve
25  as chairman of the panel.
26         b.  By January 1, 2004, the rate methodology panel
27  shall provide a report to the corporation of its findings and
28  recommendations for the use of additional ratemaking methods
29  and procedures, including the use of a rate-equalization
30  surcharge in an amount sufficient to assure that the total
31  cost of coverage for policyholders or applicants to the
                                  63
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  corporation is sufficient to comply with subparagraph 1.
 2         c.  Within 30 days after such report, the corporation
 3  shall present to the President of the Senate, the Speaker of
 4  the House of Representatives, the minority party leaders of
 5  each house of the Legislature, and the chairs of the standing
 6  committees of each house of the Legislature having
 7  jurisdiction of insurance issues, a plan for implementing the
 8  additional ratemaking methods and an outline of any
 9  legislation needed to facilitate use of the new methods.
10         d.  The plan must include a provision that producer
11  commissions paid by the corporation shall not be calculated in
12  such a manner as to include any rate-equalization surcharge.
13  However, without regard to the plan to be developed or its
14  implementation, producer commissions paid by the corporation
15  for each account, other than the quota share primary program,
16  shall remain fixed as to percentage, effective rate,
17  calculation, and payment method, as these were in effect on
18  January 1, 2003.
19         9.  By January 1, 2004, the corporation shall develop a
20  notice to policyholders or applicants that the rates of
21  Citizens Property Insurance Corporation are intended to be
22  higher than the rates of any admitted carrier and providing
23  other information the corporation deems necessary to assist
24  consumers in finding other voluntary admitted insurers willing
25  to insure their property.
26         Section 75.  Section 624.105, Florida Statutes, is
27  created to read:
28         624.105  Waiver of customer liability.--Any regulated
29  company as defined in s. 350.111, any electric utility as
30  defined in s. 366.02(2), any utility as defined in s.
31  367.021(12) or s.367.022(2) and (7), and any provider of
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  communications services as defined in s. 202.11(3) may charge
 2  for and include an optional waiver of liability provision in
 3  their customer contracts under which the entity agrees to
 4  waive all or a portion of the customer   s liability for
 5  service from the entity for a defined period in the event of
 6  the customer   s call to active military service, death,
 7  disability, involuntary unemployment, qualification for family
 8  leave, or similar qualifying event or condition. Such
 9  provisions may not be effective in the customer   s contract
10  with the entity unless affirmatively elected by the customer.
11  No such provision shall constitute insurance so long as the
12  provision is a contract between the entity and its customer.
13         Section 76.  Section 717.1071, Florida Statutes, is
14  created to read:
15         717.1071  Lost owners of unclaimed demutualization,
16  rehabilitation, or related reorganization proceeds.--
17         (1)  Property distributable in the course of a
18  demutualization, rehabilitation, or related reorganization of
19  an insurance company is deemed abandoned 2 years after the
20  date the property is first distributable if, at the time of
21  the first distribution, the last known address of the owner on
22  the books and records of the holder is known to be incorrect
23  or the distribution or statements are returned by the post
24  office as undeliverable; and the owner has not communicated in
25  writing with the holder or its agent regarding the interest or
26  otherwise communicated with the holder regarding the interest
27  as evidenced by a memorandum or other record on file with the
28  holder or its agent.
29         (2)  Property distributable in the course of
30  demutualization, rehabilitation, or related reorganization of
31  a mutual insurance company that is not subject to subsection
                                  65
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  (1) shall be reportable as otherwise provided by this chapter.
 2         (3)  Property subject to this section shall be reported
 3  and delivered no later than May 1 as of the preceding December
 4  31, however the initial report under this section shall be
 5  filed no later than November 1, 2003, as of December 31, 2002.
 6         Section 77.  Subsection (8) of section 624.430, Florida
 7  Statutes, is renumbered as subsection (9), and new subsection
 8  (8) is added to said section, to read:
 9         624.430  Withdrawal of insurer or discontinuance of
10  writing certain kinds or lines of insurance.--
11         (8)  Notwithstanding subsection (7), any insurer
12  desiring to surrender its certificate of authority, withdraw
13  from this state, or discontinue the writing of any one or
14  multiple kinds or lines of insurance in this state is expected
15  to have availed itself of all reasonably available
16  reinsurance. Reasonably available reinsurance shall include
17  unrealized reinsurance, which is defined as reinsurance
18  recoverable on known losses incurred and due under valid
19  reinsurance contracts that have not been identified in the
20  normal course of business and have not been reported in
21  financial statements filed with the Office of Insurer
22  Regulation. Within 90 days after surrendering its certificate
23  of authority, withdrawing from this state, or discontinuing
24  the writing of any one or multiple kinds or lines of insurance
25  in this state, the insurer shall certify to the Director of
26  the Office of Insurer Regulation that the insurer has engaged
27  an independent third party to search for unrealized
28  reinsurance, and that the insurer has made all relevant books
29  and records available to such third party. The compensation to
30  such third party may be a percentage of unrealized reinsurance
31  identified and collected.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         Section 78.  Subsection (11) of section 626.7451,
 2  Florida Statutes, is amended to read:
 3         626.7451  Managing general agents; required contract
 4  provisions.--No person acting in the capacity of a managing
 5  general agent shall place business with an insurer unless
 6  there is in force a written contract between the parties which
 7  sets forth the responsibility for a particular function,
 8  specifies the division of responsibilities, and contains the
 9  following minimum provisions:
10         (11)  A licensed managing general agent, when placing
11  business with an insurer under this code, may charge a
12  per-policy fee not to exceed $40 $25. In no instance shall the
13  aggregate of per-policy fees for a placement of business
14  authorized under this section, when combined with any other
15  per-policy fee charged by the insurer, result in per-policy
16  fees which exceed the aggregate amount of $40 $25. The
17  per-policy fee shall be a component of the insurer's rate
18  filing and shall be fully earned. A managing general agent
19  that collects a per-policy fee shall remit a minimum of $5 per
20  policy to the insurer for the funding of a Special
21  Investigations Unit dedicated to the prevention of motor
22  vehicle insurance fraud, $2 per policy to the Division of
23  Insurance Fraud of the Department of Financial Services which
24  shall be dedicated to the prevention and detection of motor
25  vehicle insurance fraud, and $3 per policy to the Office of
26  Statewide Prosecution which shall be dedicated to the
27  prosecution of motor vehicle insurance fraud. Any insurer that
28  writes directly without a managing general agent and that
29  charges a per-policy fee may charge an additional $5 per
30  policy to fund its Special Investigations Unit, which shall be
31  dedicated to the prevention of motor vehicle insurance fraud,
                                  67
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  $2 per policy to the Division of Insurance Fraud of the
 2  Department of Financial Services, which shall be dedicated to
 3  the prevention and detection of motor vehicle insurance fraud,
 4  and $3 per policy to the Office of Statewide Prosecution which
 5  shall be dedicated to the prosecution of motor vehicle
 6  insurance fraud.
 7         For the purposes of this section and ss. 626.7453 and
 8  626.7454, the term "controlling person" or "controlling" has
 9  the meaning set forth in s. 625.012(5)(b)1., and the term
10  "controlled person" or "controlled" has the meaning set forth
11  in s. 625.012(5)(b)2.
12         Section 79.  Section 624.4623, Florida Statutes, is
13  created to read:
14         624.4623  Independent Educational Institution
15  Self-Insurance Funds--
16         (1)  Notwithstanding any other provision of law, any
17  two or more independent nonprofit colleges or universities
18  accredited by the Commission on Colleges of the Southern
19  Association of Colleges and Schools or independent, nonprofit,
20  accredited secondary educational institutions, located in and
21  chartered by the state of Florida, may form a self-insurance
22  fund for the purpose of pooling and spreading liabilities of
23  its group members in any property or casualty risk or surety
24  insurance or securing the payment of benefits under chapter
25  440, provided the independent educational institution
26  self-insurance fund that is created must:
27         (a)  Have annual normal premiums in excess of $5
28  million;
29         (b)  Maintain a continuing program of excess insurance
30  coverage and reserve evaluation to protect the financial
31  stability of the fund in an amount and manner determined by a
                                  68
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  qualified and independent actuary;
 2         (c)  Submit annually an audited fiscal year-end
 3  financial statement by an independent certified public
 4  accountant within 6 months after the end of the fiscal year to
 5  the office; and
 6         (d)  Have a governing body which is comprised entirely
 7  of independent educational institution officials.
 8         (2)  An independent educational institution
 9  self-insurance fund that meets the requirements of this
10  section is not subject to s. 624.4621 and is not required to
11  file any report with the department under s. 440.38(2)(b)
12  which is uniquely required of group self-insurer funds
13  qualified under s. 624.4621.  If any of the requirements of
14  this section are not met, the independent educational
15  self-insurance fund is subject to the requirements of s.
16  624.4621.
17         Section 80.  Present subsections (6), (7), (8), (9),
18  and (10) are renumbered (7), (8), (9), (10), and (11),
19  respectively, and new subsection (6) is added to section
20  624.81, Florida Statutes, to read:
21         624.81  Notice to comply with written requirements of
22  department; noncompliance.--
23         (6)  Any insurer subject to administrative supervision
24  is expected to avail itself of all reasonably available
25  reinsurance. Reasonably available reinsurance shall include
26  unrealized reinsurance, which is defined as reinsurance
27  recoverable on known losses incurred and due under valid
28  reinsurance contracts that have not been identified in the
29  normal course of business and have not been reported in
30  financial statements filed with the Office of Insurance
31  Regulation. Within 90 days of being placed under
                                  69
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  administrative supervision, the insurer shall certify to the
 2  Director of the Office of Insurance Regulation that the
 3  insurer has engaged an independent third party to search for
 4  unrealized reinsurance, and that the insurer has made all
 5  relevant books and records available to the third party. The
 6  compensation to the third party may be a percentage of
 7  unrealized reinsurance identified and collected.
 8         (7)(6)  If the department and the insurer are unable to
 9  agree on the provisions of the plan, the department may
10  require the insurer to take such corrective action as may be
11  reasonably necessary to remove the causes and conditions
12  giving rise to the need for administrative supervision.
13         (8)(7)  The insurer shall have 60 days, or a longer
14  period of time as designated by the department but not to
15  exceed 120 days, after the date of the written agreement or
16  the receipt of the department's plan within which to comply
17  with the requirements of the department.  At the conclusion of
18  the initial period of supervision, the department may extend
19  the supervision in increments of 60 days or longer, not to
20  exceed 120 days, if conditions justifying supervision exist.
21  Each extension of supervision shall provide the insurer with a
22  point of entry pursuant to chapter 120.
23         (9)(8)  The initiation or pendency of administrative
24  proceedings arising from actions taken under this section
25  shall not preclude the department from initiating judicial
26  proceedings to place an insurer in conservation,
27  rehabilitation, or liquidation or initiating other delinquency
28  proceedings however designated under the laws of this state.
29         (10)(9)  If it is determined that the conditions giving
30  rise to administrative supervision have been remedied so that
31  the continuance of its business is no longer hazardous to the
                                  70
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1  public or to its insureds, the department shall release the
 2  insurer from supervision.
 3         (11)(10)  The department may adopt rules to define
 4  standards of hazardous financial condition and corrective
 5  action substantially similar to that indicated in the National
 6  Association of Insurance Commissioners' 1997 "Model Regulation
 7  to Define Standards and Commissioner's Authority for Companies
 8  Deemed to be in Hazardous Financial Condition," which are
 9  necessary to implement the provisions of this part.
10  
11  (Redesignate subsequent sections.)
12  
13  
14  ================ T I T L E   A M E N D M E N T ===============
15  And the title is amended as follows:
16         On line 18, after the semicolon,
17  
18  insert:
19         amending ss. 624.04, 624.303, 624.313, 624.317,
20         624.504, 624.506, 624.521, 626.022, 626.112,
21         626.733, 626.7354, 626.741, 626.753, 626.829,
22         634.171, 634.420, 642.034, 642.036, and
23         642.045, F.S.; deleting references to
24         solicitors to conform to prior deletions;
25         amending ss. 624.34, 626.202, and 626.601,
26         F.S.; revising certain fingerprinting
27         requirements; amending s. 624.501, F.S.;
28         providing for a fee for certain late
29         appointment filings; amending s. 626.015, F.S.;
30         deleting a definition of administrative agent;
31         amending s. 626.171, F.S.; revising applicant
                                  71
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         address requirements; specifying required
 2         background investigation information; amending
 3         ss. 626.175, 626.7355, 626.731, 626.831,
 4         626.8414, 626.865, 626.866, 626.867, 626.874,
 5         626.9916, 648.34, and 648.355, F.S.; revising
 6         licensure eligibility criteria to specify
 7         United States citizenship or certain legal
 8         alien status; providing for the adoption of
 9         rules; amending s. 626.201, F.S.; revising
10         certain fingerprint requirements; amending s.
11         626.221, F.S.; revising appointment application
12         filing time period requirements; amending s.
13         626.2815, F.S.; requiring certain continuing
14         education hour and subject requirements;
15         deleting references to solicitors to conform to
16         prior deletions; revising a continuing
17         education board member title; amending s.
18         626.2816, F.S.; revising a cross-reference;
19         clarifying a continuing education requirement;
20         amending s. 626.2817, F.S.; deleting a
21         prelicensure rule requirement; amending s.
22         626.311, F.S.; providing for the appointment of
23         certain licensees; amending s. 626.321, F.S.;
24         deleting references to solicitors to conform to
25         prior deletions; providing for one application
26         for a license and payment of applicable fees;
27         amending s. 626.322, F.S.; clarifying the
28         effect of insurer authorization of effectuation
29         of certain appointments; amending s. 626.341,
30         F.S.; including a department-designated person
31         to administer appointment processes for certain
                                  72
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         appointment-related actions; amending s.
 2         626.371, F.S.; providing requirements for
 3         submittal and effective date of appointments;
 4         imposing a delinquent fee for certain
 5         notification failures; providing fee payment
 6         requirements; amending s. 626.381, F.S.;
 7         including a department-designated person to
 8         administer appointment processes for certain
 9         appointment-related actions; providing for a
10         fee for certain late appointment filings;
11         amending s. 626.451, F.S.; including a
12         department-designated person to administer
13         appointment processes for certain
14         appointment-related actions; clarifying the
15         effect of insurer authorization of effectuation
16         of certain appointments; requiring licensee
17         notification of the department of certain
18         criminal proceedings; amending s. 626.461,
19         F.S.; including a department-designated person
20         to administer appointment processes for certain
21         appointment-related actions; deleting
22         references to solicitors to conform to prior
23         deletions; amending s. 626.471, F.S.; including
24         a department-designated person to administer
25         appointment processes for certain
26         appointment-related actions; providing for
27         termination of certain appointments; requiring
28         notice of termination; amending s. 626.843,
29         F.S.; revising procedures for renewing title
30         insurance agent appointments; amending s.
31         626.7315, F.S.; providing an exception to a
                                  73
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         prohibition against certain individuals
 2         receiving money on account of or for an
 3         insurer; amending ss. 626.732, 626.7851,
 4         626.8311, and 626.8417, F.S.; revising certain
 5         education subject requirements; amending s.
 6         626.7351, F.S.; revising licensure eligibility
 7         criteria to specify United States citizenship
 8         or certain legal alien status; revising certain
 9         education subject requirements; providing
10         additional education course requirements;
11         amending s. 626.785, F.S.; revising licensure
12         eligibility criteria to specify United States
13         citizenship or certain legal alien status;
14         increasing the amount of coverage for
15         burial-related expenses that may be sold by a
16         life insurance agent under contract with a
17         funeral establishment; amending s. 626.797,
18         F.S.; revising an association title; amending
19         s. 626.869, F.S.; deleting a provision relating
20         to limited licenses for certain adjusters;
21         revising certain education requirements;
22         amending s. 626.878, F.S.; specifying
23         implementation requirements for the department'
24         s ethics rules; amending s. 626.9541, F.S.;
25         revising sliding as an unfair method of
26         competition and unfair or deceptive act or
27         practice; amending s. 632.634, F.S.; specifying
28         registration of a society only upon department
29         request; amending s. 627.7295, F.S.; revising
30         the per-policy fees that general lines agents
31         may charge on certain policies; amending s.
                                  74
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         648.27, F.S.; imposing a delinquent fee for
 2         certain notification failures; providing fee
 3         payment requirements; deleting obsolete runner
 4         references; amending s. 648.382, F.S.;
 5         clarifying the effect of insurer authorization
 6         of effectuation of certain appointments;
 7         imposing a delinquent fee for certain
 8         notification failures; providing fee payment
 9         requirements; amending s. 648.383, F.S.;
10         including a department-designated person to
11         administer appointment processes for certain
12         appointment-related actions; providing for a
13         fee for certain late appointment filings;
14         amending s. 648.50, F.S.; deleting obsolete
15         runner references; repealing s. 626.032, F.S.,
16         relating to continuing education and required
17         designation of administrative agents; repealing
18         s. 626.361, F.S., relating to the effective
19         date of appointments; amending s. 627.351,
20         F.S.; providing requirements for the
21         corporation relating to personal lines
22         residential wind-only policies; requiring the
23         corporation to develop a wind-only rate making
24         methodology; requiring a report; requiring the
25         Citizens Property Insurance Corporation to
26         certify at certain intervals that its rates
27         comply with requirements to be set a certain
28         levels relative to other insurers; authorizing
29         the Office of Insurance Regulation to review
30         and act upon such certification; requiring the
31         corporation to appoint a rate methodology panel
                                  75
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         to make recommendations for the use of
 2         additional ratemaking methods, including the
 3         use of a rate equalization surcharge to assure
 4         that the cost of coverage is sufficient to
 5         comply with state law; requiring the
 6         corporation to provide a related report to the
 7         Legislature and a plan for implementing the
 8         additional ratemaking methods; specifying how
 9         the plan shall apply to agent commissions;
10         requiring the corporation to develop a notice
11         to policyholders; creating s. 624.105, F.S.;
12         providing for waiver of customer liability for
13         certain fess by providers of utility and
14         telecommunications services under certain
15         circumstances; creating s. 717.1071, F.S.;
16         providing procedures, requirements, and
17         limitations on lost owners of certain unclaimed
18         insurance entity activity proceeds; amending s.
19         624.430, F.S.; requiring certain insurers to
20         obtain reasonably available reinsurance under
21         certain circumstances; providing procedures and
22         criteria; amending s. 626.7451, F.S.; providing
23         a per-policy fee to be remitted to the
24         insurer's Special Investigations Unit, the
25         Division of Insurance Fraud of the Department
26         of Financial Services, and the Office of
27         Statewide Prosecution for purposes of
28         preventing, detecting, and prosecuting motor
29         vehicle insurance fraud; creating s. 624.4623,
30         F.S.; authorizing two or more independent
31         colleges or universities to form a
                                  76
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 763356
 1         self-insurance fund; providing specific
 2         requirements; amending s. 624.81, F.S.;
 3         requiring insurers that are under
 4         administrative supervision to avail themselves
 5         of all reasonably available reinsurance;
 6         providing for a third party to search for
 7         reinsurance; providing for reimbursing the
 8         third party;
 9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  77
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