| 1 | A bill to be entitled |
| 2 | An act relating to insurance agents and agencies; amending |
| 3 | s. 624.317, F.S.; including insurance agencies among |
| 4 | entities the Department of Financial Services is |
| 5 | authorized to investigate; amending s. 624.501, F.S.; |
| 6 | clarifying a license fee; amending s. 626.016, F.S.; |
| 7 | including insurance agencies among entities subject to |
| 8 | regulation by the Chief Financial Officer; amending s. |
| 9 | 626.022, F.S.; providing application; amending s. 626.025, |
| 10 | F.S.; correcting cross references; amending s. 626.112, |
| 11 | F.S.; delaying the effective date by which agencies must |
| 12 | obtain a license; providing that an agency may file for |
| 13 | registration in lieu of licensure, under specified |
| 14 | conditions; imposing a fine on any agency that fails to |
| 15 | timely apply for licensure or registration; deleting |
| 16 | certain agency licensure requirement provisions; amending |
| 17 | s. 626.171, F.S.; specifying licensure and registration |
| 18 | application requirements for insurance entities other than |
| 19 | insurance agencies; deleting a provision applying to |
| 20 | insurance agency license application requirements; |
| 21 | amending s. 626.172, F.S.; revising insurance agency |
| 22 | licensure application requirements; providing procedures |
| 23 | and limitations; providing duties of the department; |
| 24 | amending ss. 626.292 and 626.321, F.S.; correcting cross |
| 25 | references, to conform; amending s. 626.342, F.S.; |
| 26 | including insurance agencies under provisions prohibiting |
| 27 | furnishing supplies to certain unlicensed agents and |
| 28 | imposing civil liability under certain circumstances; |
| 29 | amending s. 626.382, F.S.; providing for renewal of |
| 30 | licenses; amending s. 626.536, F.S.; including insurance |
| 31 | agencies under an action reporting requirement; amending |
| 32 | s. 626.561, F.S.; including insurance agencies under |
| 33 | provisions providing funds reporting and accounting |
| 34 | requirements and imposing criminal penalties; amending s. |
| 35 | 626.572, F.S.; including insurance agencies under |
| 36 | provisions prohibiting rebating under certain |
| 37 | circumstances; amending s. 626.601, F.S.; including |
| 38 | insurance agencies under provisions authorizing the |
| 39 | department to inquire into improper conduct; creating s. |
| 40 | 626.602, F.S.; authorizing the department to disapprove |
| 41 | the use of certain names under certain circumstances; |
| 42 | amending s. 626.6115, F.S.; providing an additional ground |
| 43 | for the department to take compulsory adverse insurance |
| 44 | agency license actions; providing that the existence of |
| 45 | grounds for adverse action against a licensed agency does |
| 46 | not constitute grounds for adverse action against another |
| 47 | licensed agency; amending s. 626.6215, F.S.; providing an |
| 48 | additional ground for the department to take discretionary |
| 49 | adverse insurance agency license actions; providing that |
| 50 | the existence of grounds for adverse action against a |
| 51 | licensed agency does not constitute grounds for adverse |
| 52 | action against another licensed agency; amending s. |
| 53 | 626.747, F.S.; revising agent requirements for branch |
| 54 | agencies to include life or health agents; amending ss. |
| 55 | 626.7355 and 626.8411, F.S.; deleting cross references, to |
| 56 | conform; repealing s. 626.592, F.S., relating to primary |
| 57 | agents; providing an effective date. |
| 58 |
|
| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
|
| 61 | Section 1. Subsection (1) of section 624.317, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 624.317 Investigation of agents, agencies, adjusters, |
| 64 | administrators, service companies, and others.--If it has reason |
| 65 | to believe that any person has violated or is violating any |
| 66 | provision of this code, or upon the written complaint signed by |
| 67 | any interested person indicating that any such violation may |
| 68 | exist: |
| 69 | (1) The department shall conduct such investigation as it |
| 70 | deems necessary of the accounts, records, documents, and |
| 71 | transactions pertaining to or affecting the insurance affairs of |
| 72 | any general agent, surplus lines agent, adjuster, managing |
| 73 | general agent, insurance agent, insurance agency, customer |
| 74 | representative, service representative, or other person subject |
| 75 | to its jurisdiction, subject to the requirements of s. 626.601. |
| 76 | Section 2. Subsection (20) of section 624.501, Florida |
| 77 | Statutes, is amended to read: |
| 78 | 624.501 Filing, license, appointment, and miscellaneous |
| 79 | fees.--The department, commission, or office, as appropriate, |
| 80 | shall collect in advance, and persons so served shall pay to it |
| 81 | in advance, fees, licenses, and miscellaneous charges as |
| 82 | follows: |
| 83 | (20) Insurance agency or Adjusting firm, original or |
| 84 | renewal 3-year license....$60.00 |
| 85 | Section 3. Subsection (1) of section 626.016, Florida |
| 86 | Statutes, is amended to read: |
| 87 | 626.016 Powers and duties of department, commission, and |
| 88 | office.-- |
| 89 | (1) The powers and duties of the Chief Financial Officer |
| 90 | and the department specified in this part apply only with |
| 91 | respect to insurance agents, insurance agencies, managing |
| 92 | general agents, insurance adjusters, reinsurance intermediaries, |
| 93 | viatical settlement brokers, customer representatives, service |
| 94 | representatives, and agencies. |
| 95 | Section 4. Subsection (4) is added to section 626.022, |
| 96 | Florida Statutes, to read: |
| 97 | 626.022 Scope of part.-- |
| 98 | (4) Provisions of this part that apply to general lines |
| 99 | agents and applicants also apply to personal lines agents and |
| 100 | applicants, except where otherwise provided. |
| 101 | Section 5. Subsections (7) and (12) of section 626.025, |
| 102 | Florida Statutes, are amended, and subsections (13), (14), and |
| 103 | (15) of said section are renumbered as subsections (12), (13), |
| 104 | and (14), respectively, to read: |
| 105 | 626.025 Consumer protections.--To transact insurance, |
| 106 | agents shall comply with consumer protection laws, including the |
| 107 | following, as applicable: |
| 108 | (7) Required licensure or registration of certain |
| 109 | insurance agencies under s. 626.112 626.172. |
| 110 | (12) Designation of a primary agent by an insurance agency |
| 111 | under s. 626.592. |
| 112 | Section 6. Subsection (7) of section 626.112, Florida |
| 113 | Statutes, is amended to read: |
| 114 | 626.112 License and appointment required; agents, customer |
| 115 | representatives, adjusters, insurance agencies, service |
| 116 | representatives, managing general agents.-- |
| 117 | (7)(a) Effective October 1, 2006, no individual, firm, |
| 118 | partnership, corporation, association, or any other entity shall |
| 119 | act in its own name or under a trade name, directly or |
| 120 | indirectly, as an insurance agency, when required to be licensed |
| 121 | by this subsection, unless it complies with s. 626.172 with |
| 122 | respect to possessing an insurance agency license for each place |
| 123 | of business at which it engages in any activity which may be |
| 124 | performed only by a licensed insurance agent. Each agency |
| 125 | engaged in business in this state before January 1, 2001, which |
| 126 | is wholly owned by insurance agents currently licensed and |
| 127 | appointed under this chapter, each incorporated agency whose |
| 128 | voting shares are traded on a securities exchange, and each |
| 129 | agency whose primary function is offering insurance as a service |
| 130 | or member benefit to members of a nonprofit corporation may file |
| 131 | an application for registration in lieu of licensure in |
| 132 | accordance with s. 626.172(3). Each agency engaged in business |
| 133 | before October 1, 2006, shall file an application for licensure |
| 134 | or registration on or before October 1, 2006. |
| 135 | 1. If an agency is required to be licensed but fails to |
| 136 | file an application for licensure in accordance with this |
| 137 | section, the department shall impose on the agency an |
| 138 | administrative penalty in an amount of up to $10,000. |
| 139 | 2. If an agency is eligible for registration but fails to |
| 140 | file an application for registration or an application for |
| 141 | licensure in accordance with this section, the department shall |
| 142 | impose on the agency an administrative penalty in an amount of |
| 143 | up to $5,000. |
| 144 | (b) A registered An insurance agency shall, as a condition |
| 145 | precedent to continuing business, obtain an insurance agency |
| 146 | license if the department finds that, with respect to any |
| 147 | majority owner, partner, manager, director, officer, or other |
| 148 | person who manages or controls the agency, any person has, |
| 149 | subsequent to the effective date of this act: |
| 150 | 1. Been found guilty of, or has pleaded guilty or nolo |
| 151 | contendere to, a felony in this state or any other state |
| 152 | relating to the business of insurance or to an insurance agency, |
| 153 | without regard to whether a judgment of conviction has been |
| 154 | entered by the court having jurisdiction of the cases. |
| 155 | 2. Employed any individual in a managerial capacity or in |
| 156 | a capacity dealing with the public who is under an order of |
| 157 | revocation or suspension issued by the department. An insurance |
| 158 | agency may request, on forms prescribed by the department, |
| 159 | verification of any person's license status. If a request is |
| 160 | mailed within 5 working days after an employee is hired, and the |
| 161 | employee's license is currently suspended or revoked, the agency |
| 162 | shall not be required to obtain a license, if the unlicensed |
| 163 | person's employment is immediately terminated. |
| 164 | 3. Operated the agency or permitted the agency to be |
| 165 | operated in violation of s. 626.747. |
| 166 | 4. With such frequency as to have made the operation of |
| 167 | the agency hazardous to the insurance-buying public or other |
| 168 | persons: |
| 169 | a. Solicited or handled controlled business. This |
| 170 | subparagraph shall not prohibit the licensing of any lending or |
| 171 | financing institution or creditor, with respect to insurance |
| 172 | only, under credit life or disability insurance policies of |
| 173 | borrowers from the institutions, which policies are subject to |
| 174 | part IX of chapter 627. |
| 175 | b. Misappropriated, converted, or unlawfully withheld |
| 176 | moneys belonging to insurers, insureds, beneficiaries, or others |
| 177 | and received in the conduct of business under the license. |
| 178 | c. Unlawfully rebated, attempted to unlawfully rebate, or |
| 179 | unlawfully divided or offered to divide commissions with |
| 180 | another. |
| 181 | d. Misrepresented any insurance policy or annuity |
| 182 | contract, or used deception with regard to any policy or |
| 183 | contract, done either in person or by any form of dissemination |
| 184 | of information or advertising. |
| 185 | e. Violated any provision of this code or any other law |
| 186 | applicable to the business of insurance in the course of dealing |
| 187 | under the license. |
| 188 | f. Violated any lawful order or rule of the department. |
| 189 | g. Failed or refused, upon demand, to pay over to any |
| 190 | insurer he or she represents or has represented any money coming |
| 191 | into his or her hands belonging to the insurer. |
| 192 | h. Violated the provision against twisting as defined in |
| 193 | s. 626.9541(1)(l). |
| 194 | i. In the conduct of business, engaged in unfair methods |
| 195 | of competition or in unfair or deceptive acts or practices, as |
| 196 | prohibited under part IX of this chapter. |
| 197 | j. Willfully overinsured any property insurance risk. |
| 198 | k. Engaged in fraudulent or dishonest practices in the |
| 199 | conduct of business arising out of activities related to |
| 200 | insurance or the insurance agency. |
| 201 | l. Demonstrated lack of fitness or trustworthiness to |
| 202 | engage in the business of insurance arising out of activities |
| 203 | related to insurance or the insurance agency. |
| 204 | m. Authorized or knowingly allowed individuals to transact |
| 205 | insurance who were not then licensed as required by this code. |
| 206 | 5. Knowingly employed any person who within the preceding |
| 207 | 3 years has had his or her relationship with an agency |
| 208 | terminated in accordance with paragraph (d). |
| 209 | 6. Willfully circumvented the requirements or prohibitions |
| 210 | of this code. |
| 211 | (c) An agency required to be licensed in accordance with |
| 212 | paragraph (b) shall remain so licensed for a period of 3 years |
| 213 | from the date of licensure unless the license is suspended or |
| 214 | revoked in accordance with law. The department may revoke or |
| 215 | suspend the agency authority to do business for activities |
| 216 | occurring during the time the agency is licensed, regardless of |
| 217 | whether the licensing period has terminated. |
| 218 | (d) Notwithstanding the provisions of this subsection, no |
| 219 | insurance agency shall be required to apply for an agency |
| 220 | license if such agency can prove to the department that: |
| 221 | 1. The agency is severing its relationship with each |
| 222 | majority owner, partner, manager, director, officer, or other |
| 223 | person who managed or controlled such agency and who violated |
| 224 | any of the provisions of paragraph (b). |
| 225 | 2. No such majority owner, partner, manager, director, |
| 226 | officer, or other person who managed such agency is to be |
| 227 | affiliated with such agency in any capacity for a period of 3 |
| 228 | years from the date of such severance. |
| 229 | Section 7. Section 626.171, Florida Statutes, is amended |
| 230 | to read: |
| 231 | 626.171 Application for license as an agent, customer |
| 232 | representative, adjuster, service representative, managing |
| 233 | general agent, or reinsurance intermediary.-- |
| 234 | (1) The department shall not issue a license as an agent, |
| 235 | customer representative, adjuster, insurance agency, service |
| 236 | representative, managing general agent, or reinsurance |
| 237 | intermediary to any person except upon written application |
| 238 | therefor filed with it, qualification therefor, and payment in |
| 239 | advance of all applicable fees. Any such application shall be |
| 240 | made under the oath of the applicant and be signed by the |
| 241 | applicant. Beginning November 1, 2002, The department shall |
| 242 | accept the uniform application for nonresident agent licensing. |
| 243 | The department may adopt revised versions of the uniform |
| 244 | application by rule. |
| 245 | (2) In the application, the applicant shall set forth: |
| 246 | (a) His or her full name, age, social security number, |
| 247 | residence address, business address, and mailing address. |
| 248 | (b) Proof that he or she has completed or is in the |
| 249 | process of completing any required prelicensing course. |
| 250 | (c) Whether he or she has been refused or has voluntarily |
| 251 | surrendered or has had suspended or revoked a license to solicit |
| 252 | insurance by the department or by the supervising officials of |
| 253 | any state. |
| 254 | (d) Whether any insurer or any managing general agent |
| 255 | claims the applicant is indebted under any agency contract or |
| 256 | otherwise and, if so, the name of the claimant, the nature of |
| 257 | the claim, and the applicant's defense thereto, if any. |
| 258 | (e) Proof that the applicant meets the requirements for |
| 259 | the type of license for which he or she is applying. |
| 260 | (f) Such other or additional information as the department |
| 261 | may deem proper to enable it to determine the character, |
| 262 | experience, ability, and other qualifications of the applicant |
| 263 | to hold himself or herself out to the public as an insurance |
| 264 | representative. |
| 265 | (3) An application for an insurance agency license shall |
| 266 | be signed by the owner or owners of the agency. If the agency is |
| 267 | incorporated, the application shall be signed by the president |
| 268 | and secretary of the corporation. |
| 269 | (3)(4) Each application shall be accompanied by payment of |
| 270 | any applicable fee. |
| 271 | (4)(5) An application for a license as an agent, customer |
| 272 | representative, adjuster, insurance agency, service |
| 273 | representative, managing general agent, or reinsurance |
| 274 | intermediary must be accompanied by a set of the individual |
| 275 | applicant's fingerprints, or, if the applicant is not an |
| 276 | individual, by a set of the fingerprints of the sole proprietor, |
| 277 | majority owner, partners, officers, and directors, on a form |
| 278 | adopted by rule of the department and accompanied by the |
| 279 | fingerprint processing fee set forth in s. 624.501. Fingerprints |
| 280 | shall be used to investigate the applicant's qualifications |
| 281 | pursuant to s. 626.201. The fingerprints shall be taken by a law |
| 282 | enforcement agency or other department-approved entity. |
| 283 | (5)(6) The application for license filing fee prescribed |
| 284 | in s. 624.501 is not subject to refund. |
| 285 | (6)(7) Pursuant to the federal Personal Responsibility and |
| 286 | Work Opportunity Reconciliation Act of 1996, each party is |
| 287 | required to provide his or her social security number in |
| 288 | accordance with this section. Disclosure of social security |
| 289 | numbers obtained through this requirement shall be limited to |
| 290 | the purpose of administration of the Title IV-D program for |
| 291 | child support enforcement. |
| 292 | Section 8. Section 626.172, Florida Statutes, is amended |
| 293 | to read: |
| 294 | 626.172 Application for insurance agency license.-- |
| 295 | (1) The department may issue a license as an insurance |
| 296 | agency to any person only after such person files a written |
| 297 | application with the department and qualifies for such license. |
| 298 | If any majority owner, partner, officer, or director of an |
| 299 | insurance agency: |
| 300 | (a) Has been found guilty of, or has pleaded guilty or |
| 301 | nolo contendere to, a felony relating to the business of |
| 302 | insurance in this state or any other state or federal court, |
| 303 | regardless of whether a judgment of conviction has been entered |
| 304 | by the court having jurisdiction of such cases; or |
| 305 | (b) Has been denied a license relating to the business of |
| 306 | insurance, or has had his or her license to practice or conduct |
| 307 | any regulated profession, business, or vocation relating to the |
| 308 | business of insurance revoked or suspended, by this or any other |
| 309 | state, any nation, any possession or district of the United |
| 310 | States, or any court, or any lawful agency thereof; |
| 311 |
|
| 312 | the insurance agency and any subsidiary or branch thereof shall |
| 313 | obtain a license from the department pursuant to this section. |
| 314 | (2) An application for an insurance agency license shall |
| 315 | be signed by the owner or owners of the agency. If the agency is |
| 316 | incorporated, the application shall be signed by the president |
| 317 | and secretary of the corporation. The application for an |
| 318 | insurance agency license shall include: |
| 319 | (a) The name of each majority owner, partner, officer, and |
| 320 | director of the insurance agency. |
| 321 | (b) The residence address of each person required to be |
| 322 | listed in the application under paragraph (a). |
| 323 | (c) The name of the insurance agency and its principal |
| 324 | business address. |
| 325 | (d) The location of each agency office and the name under |
| 326 | which each agency office conducts or will conduct business. |
| 327 | (e) The name of each agent to be in full-time charge of an |
| 328 | agency office and specification of which office. |
| 329 | (f) The fingerprints of each of the following: |
| 330 | 1. A sole proprietor. |
| 331 | 2. Each partner. |
| 332 | 3. Each owner of an unincorporated agency. |
| 333 | 4. Each owner who directs or participates in the |
| 334 | management or control of an incorporated agency whose shares are |
| 335 | not traded on a securities exchange. |
| 336 | 5. Each owner of 10 percent or more of the voting shares |
| 337 | of a corporation which are traded on a securities exchange who |
| 338 | directs or participates in the management or control of an |
| 339 | incorporated agency. |
| 340 | 6. The president, senior vice-presidents, treasurer, |
| 341 | secretary, and directors of the agency. |
| 342 | 7. Any other person who directs or participates in the |
| 343 | management or control of the agency, whether through the |
| 344 | ownership of voting securities, by contract, or otherwise. |
| 345 |
|
| 346 | Fingerprints must be taken by a law enforcement agency or other |
| 347 | entity approved by the department and must be accompanied by the |
| 348 | fingerprint processing fee specified in s. 624.501. However, |
| 349 | fingerprints need not be filed for any individual who is |
| 350 | currently licensed and appointed under this chapter. This |
| 351 | paragraph does not apply to corporations whose voting shares are |
| 352 | traded on a securities exchange. |
| 353 | The name of any person to whom subsection (1) applies. |
| 354 | (g) Such additional information as the department requires |
| 355 | by promulgated rule to ascertain the trustworthiness and |
| 356 | competence of persons required to be listed on the application |
| 357 | and to ascertain that such persons meet the requirements of this |
| 358 | code. However, the department may not require that credit or |
| 359 | character reports be submitted for persons required to be listed |
| 360 | on the application. |
| 361 | (h) Beginning October 1, 2005, the department shall accept |
| 362 | the uniform application for nonresident agency licensure. The |
| 363 | department may adopt by rule revised versions of the uniform |
| 364 | application. |
| 365 | (3) The department shall issue a registration as an |
| 366 | insurance agency to any agency that files a written application |
| 367 | with the department and qualifies for registration. The |
| 368 | application for registration shall require the agency to provide |
| 369 | the same information required for an agency licensed under |
| 370 | subsection (2), the agent identification number for each owner |
| 371 | who is a licensed agent, proof that the agency qualifies for |
| 372 | registration as provided in s. 626.112(7), and any other |
| 373 | additional information that the department determines is |
| 374 | necessary in order to demonstrate that the agency qualifies for |
| 375 | registration. The application must be signed by the owner or |
| 376 | owners of the agency. If the agency is incorporated, the |
| 377 | application must be signed by the president and the secretary of |
| 378 | the corporation. An agent who owns the agency need not file |
| 379 | fingerprints with the department if the agent obtained a license |
| 380 | under this chapter, and the license is currently valid. |
| 381 | (a) If an application for registration is denied, the |
| 382 | agency must file an application for licensure no later than 30 |
| 383 | days after the date of the denial of registration. |
| 384 | (b) A registered insurance agency must file an application |
| 385 | for licensure no later than 30 days after the date that any |
| 386 | person who is not a licensed and appointed agent in this state |
| 387 | acquires any ownership interest in the agency. If an agency |
| 388 | fails to file an application for licensure in compliance with |
| 389 | this paragraph, the department shall impose an administrative |
| 390 | penalty in an amount of up to $5,000 on the agency. |
| 391 | (c) Sections 626.6115 and 626.6215 do not apply to |
| 392 | agencies registered under this subsection. |
| 393 | (4) The department shall issue a license or registration |
| 394 | to each agency upon approval of the application and each agency |
| 395 | shall display the license or registration prominently in a |
| 396 | manner that makes it clearly visible to any customer or |
| 397 | potential customer who enters the agency. |
| 398 | Section 9. Paragraph (c) of subsection (2) of section |
| 399 | 626.292, Florida Statutes, is amended to read: |
| 400 | 626.292 Transfer of license from another state.-- |
| 401 | (2) To qualify for a license transfer, an individual |
| 402 | applicant must meet the following requirements: |
| 403 | (c) The individual shall submit a completed application |
| 404 | for this state which is received by the department within 90 |
| 405 | days after the date the individual became a resident of this |
| 406 | state, along with payment of the applicable fees set forth in s. |
| 407 | 624.501 and submission of the following documents: |
| 408 | 1. A certification issued by the appropriate official of |
| 409 | the applicant's home state identifying the type of license and |
| 410 | lines of authority under the license and stating that, at the |
| 411 | time the license from the home state was canceled, the applicant |
| 412 | was in good standing in that state or that the state's Producer |
| 413 | Database records, maintained by the National Association of |
| 414 | Insurance Commissioners, its affiliates, or subsidiaries, |
| 415 | indicate that the agent is or was licensed in good standing for |
| 416 | the line of authority requested. |
| 417 | 2. A set of the individual applicant's fingerprints in |
| 418 | accordance with s. 626.171(4)(5). |
| 419 | Section 10. Paragraph (d) of subsection (1) and paragraph |
| 420 | (a) of subsection (2) and of section 626.321, Florida Statutes, |
| 421 | are amended to read: |
| 422 | 626.321 Limited licenses.-- |
| 423 | (1) The department shall issue to a qualified individual, |
| 424 | or a qualified individual or entity under paragraphs (c), (d), |
| 425 | (e), and (i), a license as agent authorized to transact a |
| 426 | limited class of business in any of the following categories: |
| 427 | (d) Baggage and motor vehicle excess liability insurance.- |
| 428 | - |
| 429 | 1. License covering only insurance of personal effects |
| 430 | except as provided in subparagraph 2. The license may be issued |
| 431 | only: |
| 432 | a. To a full-time salaried employee of a common carrier or |
| 433 | a full-time salaried employee or owner of a transportation |
| 434 | ticket agency, which person is engaged in the sale or handling |
| 435 | of transportation of baggage and personal effects of travelers, |
| 436 | and may authorize the sale of such insurance only in connection |
| 437 | with such transportation; or |
| 438 | b. To the full-time salaried employee of a licensed |
| 439 | general lines agent or to a business entity that offers motor |
| 440 | vehicles for rent or lease if insurance sales activities |
| 441 | authorized by the license are in connection with and incidental |
| 442 | to the rental of a motor vehicle. An entity applying for a |
| 443 | license under this sub-subparagraph: |
| 444 | (I) Is required to submit only one application for a |
| 445 | license under s. 626.171. The requirements of s. 626.171(4)(5) |
| 446 | shall apply only to the officers and directors of the entity |
| 447 | submitting the application. |
| 448 | (II) Is required to obtain a license for each office, |
| 449 | branch office, or place of business making use of the entity's |
| 450 | business name by applying to the department for the license on a |
| 451 | simplified application form developed by rule of the department |
| 452 | for this purpose. |
| 453 | (III) Is required to pay the applicable fees for a license |
| 454 | as prescribed in s. 624.501, be appointed under s. 626.112, and |
| 455 | pay the prescribed appointment fee under s. 624.501. A licensed |
| 456 | and appointed entity shall be directly responsible and |
| 457 | accountable for all acts of the licensee's employees. |
| 458 |
|
| 459 | The purchaser of baggage insurance shall be provided written |
| 460 | information disclosing that the insured's homeowner's policy may |
| 461 | provide coverage for loss of personal effects and that the |
| 462 | purchase of such insurance is not required in connection with |
| 463 | the purchase of tickets or in connection with the lease or |
| 464 | rental of a motor vehicle. |
| 465 | 2. A business entity that offers motor vehicles for rent |
| 466 | or lease, may include lessees under a master contract providing |
| 467 | coverage to the lessor or may transact excess motor vehicle |
| 468 | liability insurance providing coverage in excess of the standard |
| 469 | liability limits provided by the lessor in its lease to a person |
| 470 | renting or leasing a motor vehicle from the licensee's employer |
| 471 | for liability arising in connection with the negligent operation |
| 472 | of the leased or rented motor vehicle, provided that the lease |
| 473 | or rental agreement is for not more than 30 days; that the |
| 474 | lessee is not provided coverage for more than 30 consecutive |
| 475 | days per lease period, and, if the lease is extended beyond 30 |
| 476 | days, the coverage may be extended one time only for a period |
| 477 | not to exceed an additional 30 days; that the lessee is given |
| 478 | written notice that his or her personal insurance policy |
| 479 | providing coverage on an owned motor vehicle may provide |
| 480 | additional excess coverage; and that the purchase of the |
| 481 | insurance is not required in connection with the lease or rental |
| 482 | of a motor vehicle. The excess liability insurance may be |
| 483 | provided to the lessee as an additional insured on a policy |
| 484 | issued to the licensee's employer. |
| 485 | 3. A business entity that offers motor vehicles for rent |
| 486 | or lease, may, as an agent of an insurer, transact insurance |
| 487 | that provides coverage for the liability of the lessee to the |
| 488 | lessor for damage to the leased or rented motor vehicle if: |
| 489 | a. The lease or rental agreement is for not more than 30 |
| 490 | days; or the lessee is not provided coverage for more than 30 |
| 491 | consecutive days per lease period, but, if the lease is extended |
| 492 | beyond 30 days, the coverage may be extended one time only for a |
| 493 | period not to exceed an additional 30 days; |
| 494 | b. The lessee is given written notice that his or her |
| 495 | personal insurance policy that provides coverage on an owned |
| 496 | motor vehicle may provide such coverage with or without a |
| 497 | deductible; and |
| 498 | c. The purchase of the insurance is not required in |
| 499 | connection with the lease or rental of a motor vehicle. |
| 500 | (2) An entity applying for a license under this section is |
| 501 | required to: |
| 502 | (a) Submit only one application for a license under s. |
| 503 | 626.171. The requirements of s. 626.171(4)(5) shall only apply |
| 504 | to the officers and directors of the entity submitting the |
| 505 | application. |
| 506 | Section 11. Subsections (1) and (2) of section 626.342, |
| 507 | Florida Statutes, are amended to read: |
| 508 | 626.342 Furnishing supplies to unlicensed life, health, or |
| 509 | general lines agent prohibited; civil liability.-- |
| 510 | (1) An insurer, a managing general agent, an insurance |
| 511 | agency, or an agent, directly or through any representative, may |
| 512 | not furnish to any agent any blank forms, applications, |
| 513 | stationery, or other supplies to be used in soliciting, |
| 514 | negotiating, or effecting contracts of insurance on its behalf |
| 515 | unless such blank forms, applications, stationery, or other |
| 516 | supplies relate to a class of business with respect to which the |
| 517 | agent is licensed and appointed, whether for that insurer or |
| 518 | another insurer. |
| 519 | (2) Any insurer, general agent, insurance agency, or agent |
| 520 | who furnishes any of the supplies specified in subsection (1) to |
| 521 | any agent or prospective agent not appointed to represent the |
| 522 | insurer and who accepts from or writes any insurance business |
| 523 | for such agent or agency is subject to civil liability to any |
| 524 | insured of such insurer to the same extent and in the same |
| 525 | manner as if such agent or prospective agent had been appointed |
| 526 | or authorized by the insurer or such agent to act in its or his |
| 527 | or her behalf. The provisions of this subsection do not apply to |
| 528 | insurance risk apportionment plans under s. 627.351. |
| 529 | Section 12. Section 626.382, Florida Statutes, is amended |
| 530 | to read: |
| 531 | 626.382 Continuation, expiration of license; insurance |
| 532 | agencies.--The license of any insurance agency shall be issued |
| 533 | for a period of 3 years, subject to the payment of the fees |
| 534 | prescribed in s. 624.501, and shall continue in force until |
| 535 | canceled, suspended, revoked, or otherwise terminated. A license |
| 536 | may be renewed by submitting a renewal request to the department |
| 537 | on a form adopted by department rule. |
| 538 | Section 13. Section 626.536, Florida Statutes, is amended |
| 539 | to read: |
| 540 | 626.536 Reporting of actions.--Each An agent and insurance |
| 541 | agency shall submit to the department, within 30 days after the |
| 542 | final disposition of any administrative action taken against the |
| 543 | agent by a governmental agency in this or any other state or |
| 544 | jurisdiction relating to the business of insurance, the sale of |
| 545 | securities, or activity involving fraud, dishonesty, |
| 546 | trustworthiness, or breach of a fiduciary duty, a copy of the |
| 547 | order, consent to order, or other relevant legal documents. The |
| 548 | department may adopt rules implementing the provisions of this |
| 549 | section. |
| 550 | Section 14. Subsections (1) and (3) of section 626.561, |
| 551 | Florida Statutes, are amended to read: |
| 552 | 626.561 Reporting and accounting for funds.-- |
| 553 | (1) All premiums, return premiums, or other funds |
| 554 | belonging to insurers or others received by an agent, insurance |
| 555 | agency, customer representative, or adjuster in transactions |
| 556 | under the his or her license are trust funds received by the |
| 557 | licensee in a fiduciary capacity. An agent or insurance agency |
| 558 | shall keep the funds belonging to each insurer for which an |
| 559 | agent he or she is not appointed, other than a surplus lines |
| 560 | insurer, in a separate account so as to allow the department or |
| 561 | office to properly audit such funds. The licensee in the |
| 562 | applicable regular course of business shall account for and pay |
| 563 | the same to the insurer, insured, or other person entitled |
| 564 | thereto. |
| 565 | (3) Any agent, insurance agency, customer representative, |
| 566 | or adjuster who, not being lawfully entitled thereto, either |
| 567 | temporarily or permanently diverts or misappropriates such funds |
| 568 | or any portion thereof or deprives the other person of a benefit |
| 569 | therefrom commits the offense specified below: |
| 570 | (a) If the funds diverted or misappropriated are $300 or |
| 571 | less, a misdemeanor of the first degree, punishable as provided |
| 572 | in s. 775.082 or s. 775.083. |
| 573 | (b) If the funds diverted or misappropriated are more than |
| 574 | $300, but less than $20,000, a felony of the third degree, |
| 575 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 576 | (c) If the funds diverted or misappropriated are $20,000 |
| 577 | or more, but less than $100,000, a felony of the second degree, |
| 578 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 579 | (d) If the funds diverted or misappropriated are $100,000 |
| 580 | or more, a felony of the first degree, punishable as provided in |
| 581 | s. 775.082, s. 775.083, or s. 775.084. |
| 582 | Section 15. Subsections (1) and (2) of section 626.572, |
| 583 | Florida Statutes, are amended to read: |
| 584 | 626.572 Rebating; when allowed.-- |
| 585 | (1) No insurance agency or agent shall rebate any portion |
| 586 | of a his or her commission except as follows: |
| 587 | (a) The rebate shall be available to all insureds in the |
| 588 | same actuarial class. |
| 589 | (b) The rebate shall be in accordance with a rebating |
| 590 | schedule filed by the agent with the insurer issuing the policy |
| 591 | to which the rebate applies. |
| 592 | (c) The rebating schedule shall be uniformly applied in |
| 593 | that all insureds who purchase the same policy through the agent |
| 594 | for the same amount of insurance receive the same percentage |
| 595 | rebate. |
| 596 | (d) Rebates shall not be given to an insured with respect |
| 597 | to a policy purchased from an insurer that prohibits its agents |
| 598 | from rebating commissions. |
| 599 | (e) The rebate schedule is prominently displayed in public |
| 600 | view in the agent's place of doing business and a copy is |
| 601 | available to insureds on request at no charge. |
| 602 | (f) The age, sex, place of residence, race, nationality, |
| 603 | ethnic origin, marital status, or occupation of the insured or |
| 604 | location of the risk is not utilized in determining the |
| 605 | percentage of the rebate or whether a rebate is available. |
| 606 | (2) The insurance agency or agent shall maintain a copy of |
| 607 | all rebate schedules for the most recent 5 years and their |
| 608 | effective dates. |
| 609 | Section 16. Subsection (1) of section 626.601, Florida |
| 610 | Statutes, is amended to read: |
| 611 | 626.601 Improper conduct; inquiry; fingerprinting.-- |
| 612 | (1) The department or office may, upon its own motion or |
| 613 | upon a written complaint signed by any interested person and |
| 614 | filed with the department or office, inquire into any alleged |
| 615 | improper conduct of any licensed insurance agency, agent, |
| 616 | adjuster, service representative, managing general agent, |
| 617 | customer representative, title insurance agent, title insurance |
| 618 | agency, continuing education course provider, instructor, school |
| 619 | official, or monitor group under this code. The department or |
| 620 | office may thereafter initiate an investigation of any such |
| 621 | licensee if it has reasonable cause to believe that the licensee |
| 622 | has violated any provision of the insurance code. During the |
| 623 | course of its investigation, the department or office shall |
| 624 | contact the licensee being investigated unless it determines |
| 625 | that contacting such person could jeopardize the successful |
| 626 | completion of the investigation or cause injury to the public. |
| 627 | Section 17. Section 626.602, Florida Statutes, is created |
| 628 | to read: |
| 629 | 626.602 Insurance agency names; disapproval.--The |
| 630 | department may disapprove the use of any true or fictitious |
| 631 | name, other than the bona fide natural name of an individual, by |
| 632 | any insurance agency on any of the following grounds: |
| 633 | (1) The name is an interference with or is too similar to |
| 634 | a name already filed and in use by another agency or insurer; |
| 635 | (2) The use of the name may mislead the public in any |
| 636 | respect; |
| 637 | (3) The name states or implies that the agency is an |
| 638 | insurer, motor club, hospital service plan, state or federal |
| 639 | agency, charitable organization, or entity that primarily |
| 640 | provides advice and counsel rather than sells or solicits |
| 641 | insurance, or is entitled to engage in insurance activities not |
| 642 | permitted under licenses held or applied for; or |
| 643 | (4) The name states or implies that the agency is an |
| 644 | underwriter. This subsection does not prevent a natural person |
| 645 | who is a life agent from describing himself or herself as an |
| 646 | underwriter or from using the designation "chartered life |
| 647 | underwriter" or who is a general lines agent from using the |
| 648 | designation "chartered property and casualty underwriter," if |
| 649 | the person is entitled to use such terms to describe himself or |
| 650 | herself. |
| 651 | Section 18. Section 626.6115, Florida Statutes, is amended |
| 652 | to read: |
| 653 | 626.6115 Grounds for compulsory refusal, suspension, or |
| 654 | revocation of insurance agency license.--The department shall |
| 655 | deny, suspend, revoke, or refuse to continue the license of any |
| 656 | insurance agency if it finds, as to any insurance agency or as |
| 657 | to any majority owner, partner, manager, director, officer, or |
| 658 | other person who manages or controls such agency, that any |
| 659 | either one or both of the following applicable grounds exist: |
| 660 | (1) Lack by the agency of one or more of the |
| 661 | qualifications for the license as specified in this code. |
| 662 | (2) Material misstatement, misrepresentation, or fraud in |
| 663 | obtaining the license or in attempting to obtain the license. |
| 664 | (3) Denial, suspension, or revocation of a license to |
| 665 | practice or conduct any regulated profession, business, or |
| 666 | vocation relating to the business of insurance by this state, |
| 667 | any other state, any nation, any possession or district of the |
| 668 | United States, any court, or any lawful agency thereof. However, |
| 669 | the existence of grounds for administrative action against a |
| 670 | licensed agency does not constitute grounds for action against |
| 671 | any other licensed agency, including an agency that owns, is |
| 672 | under common ownership with, or is owned by, in whole or in |
| 673 | part, the agency for which grounds for administrative action |
| 674 | exist. |
| 675 | Section 19. Subsection (6) is added to section 626.6215, |
| 676 | Florida Statutes, to read: |
| 677 | 626.6215 Grounds for discretionary refusal, suspension, or |
| 678 | revocation of insurance agency license.--The department may, in |
| 679 | its discretion, deny, suspend, revoke, or refuse to continue the |
| 680 | license of any insurance agency if it finds, as to any insurance |
| 681 | agency or as to any majority owner, partner, manager, director, |
| 682 | officer, or other person who manages or controls such insurance |
| 683 | agency, that any one or more of the following applicable grounds |
| 684 | exist: |
| 685 | (6) Failure to take corrective action or report a |
| 686 | violation to the department within 30 days after an individual |
| 687 | licensee's violation is known or should have been known by one |
| 688 | or more of the partners, officers, or managers acting on behalf |
| 689 | of the agency. However, the existence of grounds for |
| 690 | administrative action against a licensed agency does not |
| 691 | constitute grounds for action against any other licensed agency, |
| 692 | including an agency that owns, is under common ownership with, |
| 693 | or is owned by, in whole or in part, the agency for which |
| 694 | grounds for administrative action exist. |
| 695 | Section 20. Subsection (2) of section 626.7355, Florida |
| 696 | Statutes, is amended to read: |
| 697 | 626.7355 Temporary license as customer representative |
| 698 | pending examination.-- |
| 699 | (2) There must be no more than one temporary customer |
| 700 | representative licensee in the general lines agency location |
| 701 | where the temporary licensee is housed and the temporary |
| 702 | licensee shall be housed wholly and completely within the actual |
| 703 | confines of the office of the agent or agency whom he or she |
| 704 | represents. Such agency must be in compliance with the |
| 705 | provisions of s. 626.592, commonly referred to as the Primary |
| 706 | Agent Law, for the most recent reporting period. No such |
| 707 | temporary licensee may be employed from any location except |
| 708 | where his or her designated supervising general lines agent |
| 709 | spends his or her full time. No general lines agency location |
| 710 | may employ more than two temporary customer representative |
| 711 | licensees in one calendar year. |
| 712 | Section 21. Subsection (1) of section 626.747, Florida |
| 713 | Statutes, is amended to read: |
| 714 | 626.747 Branch agencies.-- |
| 715 | (1) Each branch place of business established by an agent |
| 716 | or agency, firm, corporation, or association shall be in the |
| 717 | active full-time charge of a licensed general lines agent who is |
| 718 | appointed to represent one or more insurers. Any agent or |
| 719 | agency, firm, corporation, or association which has established |
| 720 | one or more branch places of business shall be required to have |
| 721 | at least one licensed general lines agent or life or health |
| 722 | agent who is appointed to represent one or more insurers at each |
| 723 | location of the agency, including its headquarters location. |
| 724 | Section 22. Paragraph (d) of subsection (2) of section |
| 725 | 626.8411, Florida Statutes, is amended to read: |
| 726 | 626.8411 Application of Florida Insurance Code provisions |
| 727 | to title insurance agents or agencies.-- |
| 728 | (2) The following provisions of part I do not apply to |
| 729 | title insurance agents or title insurance agencies: |
| 730 | (d) Section 626.592, relating to primary agents. |
| 731 | Section 23. Section 626.592, Florida Statutes, is |
| 732 | repealed. |
| 733 | Section 24. This act shall take effect October 1, 2005. |