SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2910
Amendment No. ___ Barcode 125118
CHAMBER ACTION
Senate House
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04/26/2004 04:52 PM .
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 123, line 14, through
15 page 124, line 20, delete those lines
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17 and insert:
18 Section 40. Section 626.191, Florida Statutes, is
19 amended to read:
20 626.191 Repeated applications.--The failure of an
21 applicant to secure a license upon an application shall not
22 preclude the applicant him or her from applying again as many
23 times as desired, but the department or office shall not give
24 consideration to or accept any further application by the same
25 individual for a similar license dated or filed within 30 days
26 subsequent to the date the department or office denied the
27 last application, except as provided in s. 626.281.
28 Section 41. Subsection (1) of section 626.201, Florida
29 Statutes, is amended to read:
30 626.201 Investigation.--
31 (1) The department or office may propound any
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2910
Amendment No. ___ Barcode 125118
1 reasonable interrogatories in addition to those contained in
2 the application, to any applicant for license or appointment,
3 or on any renewal, reinstatement, or continuation thereof,
4 relating to the applicant's his or her qualifications,
5 residence, prospective place of business, and any other matter
6 which, in the opinion of the department or office, is deemed
7 necessary or advisable for the protection of the public and to
8 ascertain the applicant's qualifications.
9 Section 42. Section 626.593, Florida Statutes, is
10 created to read:
11 626.593 Insurance agent; written contract for
12 compensation.--
13 (1) No person licensed as an insurance agent may
14 receive any fee or commission or any other thing of value in
15 addition to the rates filed pursuant to chapter 627 for
16 examining any group health insurance or any group health
17 benefit plan for the purpose of giving or offering advice,
18 counsel, recommendation, or information in respect to terms,
19 conditions, benefits, coverage, or premium of any such policy
20 or contract unless such compensation is based upon a written
21 contract signed by the party to be charged and specifying or
22 clearly defining the amount or extent of such compensation and
23 informing the party to be charged that any commission received
24 from an insurer will be rebated to the party in accordance
25 with subsection (3). In addition, all compensation to be paid
26 to the insurance agent must be disclosed in the contract.
27 (2) A copy of every such contract shall be retained by
28 the licensee for not less than 3 years after such services
29 have been fully performed.
30 (3) Notwithstanding the provisions of s. 626.572, all
31 commissions received by an insurance agent from an insurer in
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2910
Amendment No. ___ Barcode 125118
1 connection with the issuance of a policy, when a separate fee
2 or other consideration has been paid to the insurance agent by
3 an insured, shall be rebated to the insured or other party
4 being charged within 30 days after receipt of such commission
5 by the insurance agent.
6 (4) This section is subject to the unfair insurance
7 trade practices provisions of s. 626.9541(1)(g).
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11 And the title is amended as follows:
12 On page 11, lines 24-31, delete those lines
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14 and insert:
15 Agency for Health Care Administration; amending
16 ss. 626.191 and 626.201, F.S.; clarifying
17 certain application requirements; preserving
18 certain rights to enrollment in certain health
19 benefit coverage programs for certain groups
20 under certain circumstances; requiring the
21 Auditor
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