Senate Bill sb1002c2

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    Florida Senate - 2005                    CS for CS for SB 1002

    By the Committees on Commerce and Consumer Services; Banking
    and Insurance; and Senator Posey




    577-2148-05

  1                      A bill to be entitled

  2         An act relating to insurance field

  3         representatives and operations; amending s.

  4         626.321, F.S.; including service warranty

  5         agreement sales covering communications

  6         equipment under certain limited licensing

  7         provisions; revising provisions relating to

  8         licensure of branch locations; prescribing

  9         renewal fees for specified branch locations;

10         amending s. 626.731, F.S.; revising a

11         qualification for licensure as a general lines

12         agent; amending s. 627.7295, F.S.; removing a

13         provision requiring that a per-policy fee be

14         included in a motor vehicle insurer's rate

15         filing; providing an effective date.

16  

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

18  

19         Section 1.  Paragraph (i) of subsection (1) and

20  paragraph (c) of subsection (2) of section 626.321, Florida

21  Statutes, are amended to read:

22         626.321  Limited licenses.--

23         (1)  The department shall issue to a qualified

24  individual, or a qualified individual or entity under

25  paragraphs (c), (d), (e), and (i), a license as agent

26  authorized to transact a limited class of business in any of

27  the following categories:

28         (i)  In-transit and storage personal property

29  insurance; communications equipment property insurance, or

30  communications equipment inland marine insurance, and

31  communications equipment service warranty agreement sales.--

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    Florida Senate - 2005                    CS for CS for SB 1002
    577-2148-05




 1         1.  A license covering only the insurance of personal

 2  property not held for resale, covering the risks of

 3  transportation or storage in rented or leased motor vehicles,

 4  trailers, or self-service storage facilities, as the latter

 5  are defined in s. 83.803, may be issued, without examination,

 6  only to employees or authorized representatives of lessors who

 7  rent or lease motor vehicles, trailers, or self-service

 8  storage facilities and who are authorized by an insurer to

 9  issue certificates or other evidences of insurance to lessees

10  of such motor vehicles, trailers, or self-service storage

11  facilities under an insurance policy issued to the lessor. A

12  person licensed under this paragraph shall give a prospective

13  purchaser of in-transit or storage personal property insurance

14  written notice that his or her homeowner's policy may provide

15  coverage for the loss of personal property and that the

16  purchase of such insurance is not required under the lease

17  terms.

18         2.  A license covering only communications equipment,

19  for the loss, theft, mechanical failure, malfunction of or

20  damage to, communications equipment. The license may be issued

21  only to:

22         a.  Employees or authorized representatives of a

23  licensed general lines agent;

24         b.  The lead Each business location of a retail vendor

25  of communications equipment and its branch locations; or

26         c.  Employees, agents, or authorized representatives of

27  a retail vendor of communications equipment.

28  

29  The license authorizes the sale of such policies, or

30  certificates under a group master policy, only with respect to

31  the sale of, or provision of communications service for,

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    Florida Senate - 2005                    CS for CS for SB 1002
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 1  communications equipment. A general lines agent is not

 2  required to obtain a license under this subparagraph to offer

 3  or sell communications equipment property insurance or

 4  communication equipment inland marine insurance. The license

 5  also authorizes sales of service warranty agreements covering

 6  only communications equipment to the same extent as if

 7  licensed under s. 634.419 or s. 634.420. The provisions of

 8  this chapter requiring submission of fingerprints do not apply

 9  to communications equipment licenses issued to qualified

10  entities under this subparagraph. Licensees offering policies

11  under this subparagraph must receive initial training from,

12  and have a contractual relationship with, a general lines

13  agent. For the purposes of this subparagraph, the term

14  "communications equipment" means handsets, pagers, personal

15  digital assistants, portable computers, automatic answering

16  devices, and other devices or accessories used to originate or

17  receive communications signals or service, and includes

18  services related to the use of such devices, such as consumer

19  access to a wireless network; however, the term does not

20  include telecommunications switching equipment, transmission

21  wires, cell site transceiver equipment, or other equipment and

22  systems used by telecommunications companies to provide

23  telecommunications service to consumers.

24         3.  A branch location licensed pursuant to paragraph

25  (2)(b) may, in lieu of obtaining an appointment from an

26  insurer or warranty association as provided in paragraph

27  (2)(c), obtain a single appointment from the associated lead

28  location licensee licensed under paragraph (2)(a) and pay the

29  prescribed appointment fee under s. 624,501 provided that the

30  lead location has a single appointment from each insurer or

31  warranty association represented and such appointment provides

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    Florida Senate - 2005                    CS for CS for SB 1002
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 1  that it applies to the lead location and all of its branch

 2  locations. Any branch location individually appointed by an

 3  insurer under paragraph (2)(c) prior to January 1, 2006, may

 4  replace its appointments with an appointment from its lead

 5  location at no charge. Branch location appointments shall

 6  renew on the first annual anniversary of licensure of the lead

 7  location occurring more than 24 months after the initial

 8  appointment date and every 24 months thereafter.

 9  Notwithstanding s. 624.501, after July 1, 2006, the renewal

10  fee applicable to such branch location appointments shall be

11  $30 per appointment.

12         (2)  An entity applying for a license under this

13  section is required to:

14         (c)  Pay the applicable fees for a license as

15  prescribed in s. 624.501, be appointed under s. 626.112, and

16  pay the prescribed appointment fee under s. 624.501. A

17  licensed and appointed entity shall be directly responsible

18  and accountable for all acts of the licensee's employees.

19         Section 2.  Paragraph (f) of subsection (1) of section

20  626.731, Florida Statutes, is amended to read:

21         626.731  Qualifications for general lines agent's

22  license.--

23         (1)  The department shall not grant or issue a license

24  as general lines agent to any individual found by it to be

25  untrustworthy or incompetent or who does not meet each of the

26  following qualifications:

27         (f)  The applicant is not a service representative, a

28  managing general agent licensed in this state, or a special

29  agent or similar service representative of a health insurer

30  which also transacts property, casualty, or surety insurance;

31  except that the president, vice president, secretary, or

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    Florida Senate - 2005                    CS for CS for SB 1002
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 1  treasurer, including a member of the board of directors, of a

 2  corporate insurer, if otherwise qualified under and meeting

 3  the requirements of this part, may be licensed and appointed

 4  as a local resident agent.

 5         Section 3.  Subsection (5) of section 627.7295, Florida

 6  Statutes, is amended to read:

 7         627.7295  Motor vehicle insurance contracts.--

 8         (5)(a)  A licensed general lines agent may charge a

 9  per-policy fee not to exceed $10 to cover the administrative

10  costs of the agent associated with selling the motor vehicle

11  insurance policy if the policy covers only personal injury

12  protection coverage as provided by s. 627.736 and property

13  damage liability coverage as provided by s. 627.7275 and if no

14  other insurance is sold or issued in conjunction with or

15  collateral to the policy. The per-policy fee must be a

16  component of the insurer's rate filing and may not be charged

17  by an agent unless the fee is included in the filing. The fee

18  is not considered part of the premium except for purposes of

19  the office's review of expense factors in a filing made

20  pursuant to s. 627.062.

21         (b)  To the extent that a licensed general agent's cost

22  of obtaining motor vehicle reports on applicants for motor

23  vehicle insurance is not otherwise compensated, the agent may,

24  in addition to any other fees authorized by law, charge an

25  applicant for motor vehicle insurance a reasonable,

26  nonrefundable fee to reimburse the agent the actual cost of

27  obtaining the report for each licensed driver when the motor

28  vehicle report is obtained by the agent simultaneously with

29  the preparation of the application for use in the calculation

30  of premium or in the proper placement of the risk. The amount

31  of the fee may not exceed the agent's actual cost in obtaining

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    Florida Senate - 2005                    CS for CS for SB 1002
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 1  the report which is not otherwise compensated. Actual cost is

 2  the cost of obtaining the report on an individual driver basis

 3  when so obtained or the pro rata cost per driver when the

 4  report is obtained on more than one driver; however, in no

 5  case may actual cost include subscription or access fees

 6  associated with obtaining motor vehicle reports on-line

 7  through any electronic transmissions program.

 8         Section 4.  This act shall take effect upon becoming a

 9  law.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                            CS/SB 1002

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14  This committee substitute differs from the original committee
    substitute in that it includes a new section to delete the
15  requirement that insurers include the per policy fee in their
    rate filings.
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