| 1 | A bill to be entitled | 
| 2 | An act relating to insurance; amending s. 626.112, F.S.; | 
| 3 | authorizing certain agencies designated as a branch office | 
| 4 | to file an application for registration in lieu of | 
| 5 | licensure; amending s. 626.221, F.S.; providing an | 
| 6 | exemption from the required written examination to certain | 
| 7 | applicants for licensure as a claims adjuster; amending s. | 
| 8 | 626.7851, F.S.; authorizing certain programs to offer | 
| 9 | correspondence courses to applicants for licensure as a | 
| 10 | life insurance agent; amending s. 626.8311, F.S.; | 
| 11 | authorizing certain programs to offer correspondence | 
| 12 | courses to applicants for licensure as a health insurance | 
| 13 | agent; amending s. 626.747, F.S.; authorizing certain | 
| 14 | licensed agents to be the agent in charge of branch | 
| 15 | locations under certain circumstances; amending s. | 
| 16 | 626.865, F.S.; requiring public adjusters to maintain | 
| 17 | their surety bond unimpaired for a certain period; | 
| 18 | amending s. 626.869, F.S.; authorizing an extension of | 
| 19 | time to complete continuing education requirements for | 
| 20 | public adjusters; amending s. 626.8698, F.S.; designating | 
| 21 | the Department of Financial Services as the appropriate | 
| 22 | agency responsible for disciplinary action against public | 
| 23 | adjusters; amending s. 626.921, F.S.; providing that the | 
| 24 | department is responsible for approval of the surplus | 
| 25 | lines agent manual; amending s. 626.9531, F.S.; revising | 
| 26 | requirements for identification of insurers, agents, and | 
| 27 | insurance contracts; specifying absence of liability and | 
| 28 | prohibiting causes of action against certain agents for | 
| 29 | insolvency of certain entities under certain | 
| 30 | circumstances; providing definitions; amending s. | 
| 31 | 626.9611, F.S.; requiring that the department and | 
| 32 | Financial Services Commission adopt rules prohibiting the | 
| 33 | use of unfair and deceptive practices in the sale of | 
| 34 | insurance to members of the United States Armed Forces; | 
| 35 | providing limitations; providing an appropriation; | 
| 36 | providing effective dates. | 
| 37 | 
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| 38 | Be It Enacted by the Legislature of the State of Florida: | 
| 39 | 
 | 
| 40 | Section 1.  Paragraph (a) of subsection (7) of section | 
| 41 | 626.112, Florida Statutes, is amended to read: | 
| 42 | 626.112  License and appointment required; agents, customer | 
| 43 | representatives, adjusters, insurance agencies, service | 
| 44 | representatives, managing general agents.-- | 
| 45 | (7)(a)  Effective October 1, 2006, no individual, firm, | 
| 46 | partnership, corporation, association, or any other entity shall | 
| 47 | act in its own name or under a trade name, directly or | 
| 48 | indirectly, as an insurance agency, unless it complies with s. | 
| 49 | 626.172 with respect to possessing an insurance agency license | 
| 50 | for each place of business at which it engages in any activity | 
| 51 | which may be performed only by a licensed insurance agent. Each | 
| 52 | agency engaged in business in this state before January 1, 2003, | 
| 53 | which is wholly owned by insurance agents currently licensed and | 
| 54 | appointed under this chapter, each incorporated agency whose | 
| 55 | voting shares are traded on a securities exchange, each agency | 
| 56 | designated and subject to supervision and inspection as a branch | 
| 57 | office under the rules of the National Association of Securities | 
| 58 | Dealers, and each agency whose primary function is offering | 
| 59 | insurance as a service or member benefit to members of a | 
| 60 | nonprofit corporation may file an application for registration | 
| 61 | in lieu of licensure in accordance with s. 626.172(3). Each | 
| 62 | agency engaged in business before October 1, 2006, shall file an | 
| 63 | application for licensure or registration on or before October | 
| 64 | 1, 2006. | 
| 65 | 1.  If an agency is required to be licensed but fails to | 
| 66 | file an application for licensure in accordance with this | 
| 67 | section, the department shall impose on the agency an | 
| 68 | administrative penalty in an amount of up to $10,000. | 
| 69 | 2.  If an agency is eligible for registration but fails to | 
| 70 | file an application for registration or an application for | 
| 71 | licensure in accordance with this section, the department shall | 
| 72 | impose on the agency an administrative penalty in an amount of | 
| 73 | up to $5,000. | 
| 74 | Section 2.  Paragraph (k) of subsection (2) of section | 
| 75 | 626.221, Florida Statutes, is amended to read: | 
| 76 | 626.221  Examination requirement; exemptions.-- | 
| 77 | (2)  However, no such examination shall be necessary in any | 
| 78 | of the following cases: | 
| 79 | (k)  An applicant for license as an independent or company | 
| 80 | employee adjuster who has the designation of Accredited Claims | 
| 81 | Adjuster (ACA) from a regionally accredited postsecondary | 
| 82 | institution in this state, Professional Claims Adjuster (PCA) | 
| 83 | from the Professional Career Institute, Professional Property | 
| 84 | Insurance Adjuster (PPIA) from the HurriClaim Training Academy, | 
| 85 | Certified Adjuster (CA) from ALL LINES Training, or Certified | 
| 86 | Claims Adjuster (CCA) from the Association of Property and | 
| 87 | Casualty Claims Professionals whose curriculum has been approved | 
| 88 | by the department and whose curriculum includes comprehensive | 
| 89 | analysis of basic property and casualty lines of insurance and | 
| 90 | testing at least equal to that of standard department testing | 
| 91 | for the all-lines adjuster license. The department shall adopt | 
| 92 | rules establishing standards for the approval of curriculum. | 
| 93 | Section 2.  Subsection (2) of section 626.7851, Florida | 
| 94 | Statutes, is amended to read: | 
| 95 | 626.7851  Requirement as to knowledge, experience, or | 
| 96 | instruction.--No applicant for a license as a life agent, except | 
| 97 | for a chartered life underwriter (CLU), shall be qualified or | 
| 98 | licensed unless within the 4 years immediately preceding the | 
| 99 | date the application for a license is filed with the department | 
| 100 | he or she has: | 
| 101 | (2)  Successfully completed a correspondence course in | 
| 102 | insurance, 3 hours of which shall be on the subject matter of | 
| 103 | ethics, satisfactory to the department and regularly offered by | 
| 104 | accredited institutions of higher learning in this state or by | 
| 105 | independent programs of study, approved by the department. | 
| 106 | Courses must include instruction on the subject matter of | 
| 107 | unauthorized entities engaging in the business of insurance, to | 
| 108 | include the Florida Nonprofit Multiple-Employer Welfare | 
| 109 | Arrangement Act and the Employee Retirement Income Security Act, | 
| 110 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of | 
| 111 | life insurance by employers to their employees and the | 
| 112 | regulation thereof; | 
| 113 | Section 3.  Subsection (2) of section 626.8311, Florida | 
| 114 | Statutes, is amended to read: | 
| 115 | 626.8311  Requirement as to knowledge, experience, or | 
| 116 | instruction.--No applicant for a license as a health agent, | 
| 117 | except for a chartered life underwriter (CLU), shall be | 
| 118 | qualified or licensed unless within the 4 years immediately | 
| 119 | preceding the date the application for license is filed with the | 
| 120 | department he or she has: | 
| 121 | (2)  Successfully completed a correspondence course in | 
| 122 | insurance, 3 hours of which shall be on the subject matter of | 
| 123 | ethics, satisfactory to the department and regularly offered by | 
| 124 | accredited institutions of higher learning in this state or by | 
| 125 | independent programs of study, approved by the department. | 
| 126 | Courses must include instruction on the subject matter of | 
| 127 | unauthorized entities engaging in the business of insurance, to | 
| 128 | include the Florida Nonprofit Multiple-Employer Welfare | 
| 129 | Arrangement Act and the Employee Retirement Income Security Act, | 
| 130 | 29 U.S.C. ss. 1001 et seq., as it relates to the provision of | 
| 131 | health insurance by employers to their employees and the | 
| 132 | regulation thereof; | 
| 133 | Section 4.  Effective January 1, 2008, subsection (1) of | 
| 134 | section 626.747, Florida Statutes, is amended to read: | 
| 135 | 626.747  Branch agencies.-- | 
| 136 | (1)(a)  Each branch place of business established by an | 
| 137 | agent or agency, firm, corporation, or association shall be in | 
| 138 | the active full-time charge of a licensed general lines agent or | 
| 139 | life or health agent who is appointed to represent one or more | 
| 140 | insurers. Any agent or agency, firm, corporation, or association | 
| 141 | which has established one or more branch places of business | 
| 142 | shall be required to have at least one licensed general lines | 
| 143 | agent who is appointed to represent one or more insurers at each | 
| 144 | location of the agency including its headquarters location. | 
| 145 | (b)  Notwithstanding paragraph (a), the licensed agent in | 
| 146 | charge of an insurance agency may also be the agent in charge of | 
| 147 | additional branch office locations of the agency if insurance | 
| 148 | activities requiring licensure as an insurance agent do not | 
| 149 | occur at any location when the agent is not physically present | 
| 150 | and unlicensed employees at the location do not engage in any | 
| 151 | insurance activities requiring licensure as an insurance agent | 
| 152 | or customer service representative. | 
| 153 | Section 5.  Subsection (2) of section 626.865, Florida | 
| 154 | Statutes, is amended to read: | 
| 155 | 626.865  Public adjuster's qualifications, bond.-- | 
| 156 | (2)  At the time of application for license as a public | 
| 157 | adjuster, the applicant shall file with the department a bond | 
| 158 | executed and issued by a surety insurer authorized to transact | 
| 159 | such business in this state, in the amount of $50,000, | 
| 160 | conditioned for the faithful performance of his or her duties as | 
| 161 | a public adjuster under the license for which the applicant has | 
| 162 | applied, and thereafter maintain the bond unimpaired throughout | 
| 163 | the existence of the license and for at least 1 year after | 
| 164 | termination of the license for. The bond shall be in favor of | 
| 165 | the department and shall specifically authorize recovery by the | 
| 166 | department of the damages sustained in case the licensee is | 
| 167 | guilty of fraud or unfair practices in connection with his or | 
| 168 | her business as public adjuster. The aggregate liability of the | 
| 169 | surety for all such damages shall in no event exceed the amount | 
| 170 | of the bond.  Such bond shall not be terminated unless at least | 
| 171 | 30 days' written notice is given to the licensee and filed with | 
| 172 | the department. | 
| 173 | Section 6.  Paragraph (c) of subsection (4) of section | 
| 174 | 626.869, Florida Statutes, is amended to read: | 
| 175 | 626.869  License, adjusters.-- | 
| 176 | (4) | 
| 177 | (c)  The department shall adopt rules necessary to | 
| 178 | implement and administer the continuing education requirements | 
| 179 | of this subsection. For good cause shown, the department may | 
| 180 | grant an extension of time during which the requirements imposed | 
| 181 | by this section may be completed, but such extension of time may | 
| 182 | not exceed 1 year. | 
| 183 | Section 7.  Subsection (1) of section 626.8698, Florida | 
| 184 | Statutes, is amended to read: | 
| 185 | 626.8698  Disciplinary guidelines for public | 
| 186 | adjusters.--The department may deny, suspend, or revoke the | 
| 187 | license of a public adjuster, and administer a fine not to | 
| 188 | exceed $5,000 per act, for any of the following: | 
| 189 | (1)  Violating any provision of this chapter or a rule or | 
| 190 | order of the department office or commission; | 
| 191 | Section 8.  Paragraphs (a) and (c) of section 626.921, | 
| 192 | Florida Statutes, are amended to read: | 
| 193 | 626.921  Florida Surplus Lines Service Office.-- | 
| 194 | (5)(a)  The association shall submit to the office a plan | 
| 195 | of operation, and any amendments thereto, to provide operating | 
| 196 | procedures for the administration of the service office. The | 
| 197 | plan of operation and any amendments thereto shall become | 
| 198 | effective upon approval by order of the office. The association | 
| 199 | shall submit to the department an agents' manual, and any | 
| 200 | amendments thereto, which shall provide administrative | 
| 201 | procedures that surplus lines insurance agents must follow with | 
| 202 | respect to their duties to the service office. The manual shall | 
| 203 | be prepared in cooperation with the department, and any changes, | 
| 204 | updates, or amendments shall be submitted to the department | 
| 205 | before distribution. The manual shall be approved by order of | 
| 206 | the department. | 
| 207 | (c)  All surplus lines agents licensed in this state must | 
| 208 | comply with the plan of operation and the agent's manual. | 
| 209 | Section 9.  Section 626.9531, Florida Statutes, is amended | 
| 210 | to read: | 
| 211 | 626.9531  Identification of insurers, agents, and insurance | 
| 212 | contracts.-- | 
| 213 | (1)  Advertising materials and other communications | 
| 214 | developed by insurers, or other risk bearing entities authorized | 
| 215 | under this code and approved by the office to do business in | 
| 216 | this state, regarding insurance products shall clearly indicate | 
| 217 | that the communication relates to insurance products. When | 
| 218 | soliciting or selling insurance products, agents shall clearly | 
| 219 | indicate to prospective insureds that they are acting as | 
| 220 | insurance agents with regard to insurance products and | 
| 221 | identified insurers, or other risk bearing entities authorized | 
| 222 | under this code and approved by the office to do business in | 
| 223 | this state. | 
| 224 | (2)  There shall be no liability to the insured on the part | 
| 225 | of, and no cause of action of any nature shall arise against, | 
| 226 | any licensed and appointed insurance agent for the insolvency of | 
| 227 | any risk bearing entity when such entity has been duly | 
| 228 | authorized or approved by the office to do business in this | 
| 229 | state. However if the licensed and appointed agent was a | 
| 230 | controlling producer, as defined in s. 626.7491(2), of the risk | 
| 231 | bearing entity within 2 years preceding the insolvency, the | 
| 232 | agent is subject to penalty as provided in s. 626.7491(8). | 
| 233 | (3)  For the purposes of this section, the term "risk | 
| 234 | bearing entity" means a reciprocal insurer as defined in s. | 
| 235 | 629.021, a commercial self-insurance fund as defined in s. | 
| 236 | 624.462, a group self-insurance fund as defined in s. 624.4621, | 
| 237 | a local government self-insurance fund as defined in s. | 
| 238 | 624.4622, a self-insured public utility as defined in s. | 
| 239 | 624.46225, or an independent educational institution self- | 
| 240 | insurance fund as defined in s. 624.4623. For the purposes of | 
| 241 | this section, the term "risk bearing entity" does not include an | 
| 242 | authorized insurer as defined in s. 624.09. | 
| 243 | Section 10.  Section 626.9611, Florida Statutes, is amended | 
| 244 | to read: | 
| 245 | 626.9611  Rules.-- | 
| 246 | (1)  The department or commission may, in accordance with | 
| 247 | chapter 120, adopt reasonable rules as are necessary or proper | 
| 248 | to identify specific methods of competition or acts or practices | 
| 249 | which are prohibited by s. 626.9541 or s. 626.9551, but the | 
| 250 | rules shall not enlarge upon or extend the provisions of ss. | 
| 251 | 626.9541 and 626.9551. | 
| 252 | (2)  The department and the commission shall, in accordance | 
| 253 | with chapter 120, adopt rules to protect members of the United | 
| 254 | States Armed Forces from dishonest or predatory insurance sales | 
| 255 | practices by insurers and insurance agents. The rules shall | 
| 256 | identify specific false, misleading, deceptive, or unfair | 
| 257 | methods of competition, acts, or practices which are prohibited | 
| 258 | by s. 626.9541 or s. 626.9551. The rules shall be based upon | 
| 259 | model rules or model laws adopted by the National Association of | 
| 260 | Insurance Commissioners which identify certain insurance | 
| 261 | practices involving the solicitation or sale of insurance and | 
| 262 | annuities to members of the United States Armed Forces which are | 
| 263 | false, misleading, deceptive, or unfair. | 
| 264 | Section 11.  For the 2007-2008 fiscal year, the sum of | 
| 265 | $132,000 in nonrecurring funds is appropriated from the | 
| 266 | Insurance Regulatory Trust Fund to the Department of Financial | 
| 267 | Services for computer system changes necessary to implement the | 
| 268 | provisions of s. 626.747, Florida Statutes. | 
| 269 | Section 12.  Except as otherwise expressly provided in this | 
| 270 | act, this act shall take effect July 1, 2007. |