| 1 | A bill to be entitled | 
| 2 | An act relating to insurance representatives; amending s. | 
| 3 | 626.221, F.S.; providing an exemption from the required | 
| 4 | written examination to certain applicants for licensure as | 
| 5 | a claims adjuster; amending s. 626.7851, F.S.; authorizing | 
| 6 | certain programs to offer correspondence courses to | 
| 7 | applicants for licensure as a life insurance agent; | 
| 8 | amending s. 626.8311, F.S.; authorizing certain programs | 
| 9 | to offer correspondence courses to applicants for | 
| 10 | licensure as a health insurance agent; amending s. | 
| 11 | 626.747, F.S.; authorizing certain licensed agents to be | 
| 12 | the agent in charge of branch locations under certain | 
| 13 | circumstances; amending s. 626.865, F.S.; requiring public | 
| 14 | adjusters to maintain their surety bond unimpaired for a | 
| 15 | certain period; amending s. 626.869, F.S.; authorizing an | 
| 16 | extension of time to complete continuing education | 
| 17 | requirements for public adjusters; amending s. 626.8698, | 
| 18 | F.S.; designating the Department of Financial Services as | 
| 19 | the appropriate agency responsible for disciplinary action | 
| 20 | against public adjusters; amending s. 626.921, F.S.; | 
| 21 | providing that the department is responsible for approval | 
| 22 | of the surplus lines agent manual; amending s. 626.9531, | 
| 23 | F.S.; revising requirements for identification of | 
| 24 | insurers, agents, and insurance contracts; specifying | 
| 25 | absence of liability and prohibiting causes of action | 
| 26 | against certain agents for insolvency of certain entities | 
| 27 | under certain circumstances; providing definitions; | 
| 28 | amending s. 626.9611, F.S.; requiring that the department | 
| 29 | and Financial Services Commission adopt rules prohibiting | 
| 30 | the use of unfair and deceptive practices in the sale of | 
| 31 | insurance to members of the United States Armed Forces; | 
| 32 | providing limitations; providing an appropriation; | 
| 33 | providing effective dates. | 
| 34 | 
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| 35 | Be It Enacted by the Legislature of the State of Florida: | 
| 36 | 
 | 
| 37 | Section 1.  Paragraph (k) of subsection (2) of section | 
| 38 | 626.221, Florida Statutes, is amended to read: | 
| 39 | 626.221  Examination requirement; exemptions.-- | 
| 40 | (2)  However, no such examination shall be necessary in any | 
| 41 | of the following cases: | 
| 42 | (k)  An applicant for license as an independent or company | 
| 43 | employee adjuster who has the designation of Accredited Claims | 
| 44 | Adjuster (ACA) from a regionally accredited postsecondary | 
| 45 | institution in this state, Professional Claims Adjuster (PCA) | 
| 46 | from the Professional Career Institute, Professional Property | 
| 47 | Insurance Adjuster (PPIA) from the HurriClaim Training Academy, | 
| 48 | Certified Professional Claims Adjuster (CPCA) from ALL LINES | 
| 49 | Training, or Certified Claims Adjuster (CCA) from the | 
| 50 | Association of Property and Casualty Claims Professionals whose | 
| 51 | curriculum has been approved by the department and whose | 
| 52 | curriculum includes comprehensive analysis of basic property and | 
| 53 | casualty lines of insurance and testing at least equal to that | 
| 54 | of standard department testing for the all-lines adjuster | 
| 55 | license. The department shall adopt rules establishing standards | 
| 56 | for the approval of curriculum. | 
| 57 | Section 2.  Subsection (2) of section 626.7851, Florida | 
| 58 | Statutes, is amended to read: | 
| 59 | 626.7851  Requirement as to knowledge, experience, or | 
| 60 | instruction.--No applicant for a license as a life agent, except | 
| 61 | for a chartered life underwriter (CLU), shall be qualified or | 
| 62 | licensed unless within the 4 years immediately preceding the | 
| 63 | date the application for a license is filed with the department | 
| 64 | he or she has: | 
| 65 | (2)  Successfully completed a correspondence course in | 
| 66 | insurance, 3 hours of which shall be on the subject matter of | 
| 67 | ethics, satisfactory to the department and regularly offered by | 
| 68 | accredited institutions of higher learning in this state or by | 
| 69 | independent programs of study, approved by the department. | 
| 70 | Courses must include instruction on the subject matter of | 
| 71 | unauthorized entities engaging in the business of insurance, to | 
| 72 | include the Florida Nonprofit Multiple-Employer Welfare | 
| 73 | Arrangement Act and the Employee Retirement Income Security Act, | 
| 74 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of | 
| 75 | life insurance by employers to their employees and the | 
| 76 | regulation thereof; | 
| 77 | Section 3.  Subsection (2) of section 626.8311, Florida | 
| 78 | Statutes, is amended to read: | 
| 79 | 626.8311  Requirement as to knowledge, experience, or | 
| 80 | instruction.--No applicant for a license as a health agent, | 
| 81 | except for a chartered life underwriter (CLU), shall be | 
| 82 | qualified or licensed unless within the 4 years immediately | 
| 83 | preceding the date the application for license is filed with the | 
| 84 | department he or she has: | 
| 85 | (2)  Successfully completed a correspondence course in | 
| 86 | insurance, 3 hours of which shall be on the subject matter of | 
| 87 | ethics, satisfactory to the department and regularly offered by | 
| 88 | accredited institutions of higher learning in this state or by | 
| 89 | independent programs of study, approved by the department. | 
| 90 | Courses must include instruction on the subject matter of | 
| 91 | unauthorized entities engaging in the business of insurance, to | 
| 92 | include the Florida Nonprofit Multiple-Employer Welfare | 
| 93 | Arrangement Act and the Employee Retirement Income Security Act, | 
| 94 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of | 
| 95 | health insurance by employers to their employees and the | 
| 96 | regulation thereof; | 
| 97 | Section 4.  Effective January 1, 2008, subsection (1) of | 
| 98 | section 626.747, Florida Statutes, is amended to read: | 
| 99 | 626.747  Branch agencies.-- | 
| 100 | (1)(a)  Each branch place of business established by an | 
| 101 | agent or agency, firm, corporation, or association shall be in | 
| 102 | the active full-time charge of a licensed general lines agent or | 
| 103 | life or health agent who is appointed to represent one or more | 
| 104 | insurers. Any agent or agency, firm, corporation, or association | 
| 105 | which has established one or more branch places of business | 
| 106 | shall be required to have at least one licensed general lines | 
| 107 | agent who is appointed to represent one or more insurers at each | 
| 108 | location of the agency including its headquarters location. | 
| 109 | (b)  Notwithstanding paragraph (a), the licensed agent in | 
| 110 | charge of an insurance agency may also be the agent in charge of | 
| 111 | additional branch office locations of the agency if insurance | 
| 112 | activities requiring licensure as an insurance agent do not | 
| 113 | occur at any location when the agent is not physically present | 
| 114 | and unlicensed employees at the location do not engage in any | 
| 115 | insurance activities requiring licensure as an insurance agent | 
| 116 | or customer service representative. | 
| 117 | Section 5.  Subsection (2) of section 626.865, Florida | 
| 118 | Statutes, is amended to read: | 
| 119 | 626.865  Public adjuster's qualifications, bond.-- | 
| 120 | (2)  At the time of application for license as a public | 
| 121 | adjuster, the applicant shall file with the department a bond | 
| 122 | executed and issued by a surety insurer authorized to transact | 
| 123 | such business in this state, in the amount of $50,000, | 
| 124 | conditioned for the faithful performance of his or her duties as | 
| 125 | a public adjuster under the license for which the applicant has | 
| 126 | applied, and thereafter maintain the bond unimpaired throughout | 
| 127 | the existence of the license and for at least 1 year after | 
| 128 | termination of the license for. The bond shall be in favor of | 
| 129 | the department and shall specifically authorize recovery by the | 
| 130 | department of the damages sustained in case the licensee is | 
| 131 | guilty of fraud or unfair practices in connection with his or | 
| 132 | her business as public adjuster. The aggregate liability of the | 
| 133 | surety for all such damages shall in no event exceed the amount | 
| 134 | of the bond.  Such bond shall not be terminated unless at least | 
| 135 | 30 days' written notice is given to the licensee and filed with | 
| 136 | the department. | 
| 137 | Section 6.  Paragraph (c) of subsection (4) of section | 
| 138 | 626.869, Florida Statutes, is amended to read: | 
| 139 | 626.869  License, adjusters.-- | 
| 140 | (4) | 
| 141 | (c)  The department shall adopt rules necessary to | 
| 142 | implement and administer the continuing education requirements | 
| 143 | of this subsection. For good cause shown, the department may | 
| 144 | grant an extension of time during which the requirements imposed | 
| 145 | by this section may be completed, but such extension of time may | 
| 146 | not exceed 1 year. | 
| 147 | Section 7.  Subsection (1) of section 626.8698, Florida | 
| 148 | Statutes, is amended to read: | 
| 149 | 626.8698  Disciplinary guidelines for public | 
| 150 | adjusters.--The department may deny, suspend, or revoke the | 
| 151 | license of a public adjuster, and administer a fine not to | 
| 152 | exceed $5,000 per act, for any of the following: | 
| 153 | (1)  Violating any provision of this chapter or a rule or | 
| 154 | order of the department office or commission; | 
| 155 | Section 8.  Paragraphs (a) and (c) of section 626.921, | 
| 156 | Florida Statutes, are amended to read: | 
| 157 | 626.921  Florida Surplus Lines Service Office.-- | 
| 158 | (5)(a)  The association shall submit to the office a plan | 
| 159 | of operation, and any amendments thereto, to provide operating | 
| 160 | procedures for the administration of the service office. The | 
| 161 | plan of operation and any amendments thereto shall become | 
| 162 | effective upon approval by order of the office. The association | 
| 163 | shall submit to the department an agents' manual, and any | 
| 164 | amendments thereto, which shall provide administrative | 
| 165 | procedures that surplus lines insurance agents must follow with | 
| 166 | respect to their duties to the service office. The manual shall | 
| 167 | be prepared in cooperation with the department, and any changes, | 
| 168 | updates, or amendments shall be submitted to the department | 
| 169 | before distribution. The manual shall be approved by order of | 
| 170 | the department. | 
| 171 | (c)  All surplus lines agents licensed in this state must | 
| 172 | comply with the plan of operation and the agent's manual. | 
| 173 | Section 9.  Section 626.9531, Florida Statutes, is amended | 
| 174 | to read: | 
| 175 | 626.9531  Identification of insurers, agents, and insurance | 
| 176 | contracts.-- | 
| 177 | (1)  Advertising materials and other communications | 
| 178 | developed by insurers, or other risk bearing entities authorized | 
| 179 | under this code and approved by the office to do business in | 
| 180 | this state, regarding insurance products shall clearly indicate | 
| 181 | that the communication relates to insurance products. When | 
| 182 | soliciting or selling insurance products, agents shall clearly | 
| 183 | indicate to prospective insureds that they are acting as | 
| 184 | insurance agents with regard to insurance products and | 
| 185 | identified insurers, or other risk bearing entities authorized | 
| 186 | under this code and approved by the office to do business in | 
| 187 | this state. | 
| 188 | (2)  There shall be no liability on the part of, and no | 
| 189 | cause of action of any nature shall arise against, any licensed | 
| 190 | and appointed insurance agent for the insolvency of any risk | 
| 191 | bearing entity when such entity has been duly authorized or | 
| 192 | approved by the office to do business in this state. However if | 
| 193 | the licensed and appointed agent was a controlling producer, as | 
| 194 | defined in s. 626.7491(2), of the risk bearing entity within 2 | 
| 195 | years preceding the insolvency, the agent is subject to penalty | 
| 196 | as provided in s. 626.7491(8). | 
| 197 | (3)  For the purposes of this section, the term "risk | 
| 198 | bearing entity" means a reciprocal insurer as defined in s. | 
| 199 | 629.021, a commercial self-insurance fund as defined in s. | 
| 200 | 624.462, a group self-insurance fund as defined in s. 624.4621, | 
| 201 | a local government self-insurance fund as defined in s. | 
| 202 | 624.4622, a self-insured public utility as defined in s. | 
| 203 | 624.46225, or an independent educational institution self- | 
| 204 | insurance fund as defined in s. 624.4623. For the purposes of | 
| 205 | this section, the term "risk bearing entity" does not include an | 
| 206 | authorized insurer as defined in s. 624.09. | 
| 207 | Section 10.  Section 626.9611, Florida Statutes, is amended | 
| 208 | to read: | 
| 209 | 626.9611  Rules.-- | 
| 210 | (1)  The department or commission may, in accordance with | 
| 211 | chapter 120, adopt reasonable rules as are necessary or proper | 
| 212 | to identify specific methods of competition or acts or practices | 
| 213 | which are prohibited by s. 626.9541 or s. 626.9551, but the | 
| 214 | rules shall not enlarge upon or extend the provisions of ss. | 
| 215 | 626.9541 and 626.9551. | 
| 216 | (2)  The department and the commission shall, in accordance | 
| 217 | with chapter 120, adopt rules to protect members of the United | 
| 218 | States Armed Forces from dishonest or predatory insurance sales | 
| 219 | practices by insurers and insurance agents. The rules shall | 
| 220 | identify specific false, misleading, deceptive, or unfair | 
| 221 | methods of competition, acts, or practices which are prohibited | 
| 222 | by s. 626.9541 or s. 626.9551. The rules shall be based upon | 
| 223 | model rules or model laws adopted by the National Association of | 
| 224 | Insurance Commissioners which identify certain insurance | 
| 225 | practices involving the solicitation or sale of insurance and | 
| 226 | annuities to members of the United States Armed Forces which are | 
| 227 | false, misleading, deceptive, or unfair. | 
| 228 | Section 11.  For the 2007-2008 fiscal year, the sum of | 
| 229 | $132,000 in nonrecurring funds is appropriated from the | 
| 230 | Insurance Regulatory Trust Fund to the Department of Financial | 
| 231 | Services for computer system changes necessary to implement the | 
| 232 | provisions of s. 626.747, Florida Statutes. | 
| 233 | Section 12.  Except as otherwise expressly provided in this | 
| 234 | act, this act shall take effect July 1, 2007. |