Amendment
Bill No. 0411

Amendment No. 075817

CHAMBER ACTION
Senate		House
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1	Representative(s) Precourt offered the following:
2
3	Amendment
4	Remove line(s) 65-236 and insert:
5	certificate, other than a policy or certificate providing
6	coverage for air ambulatory services only, must be limited to
7	coverage for travel or use of accommodations of no longer than
8	60 days covering the risks of travel, except as provided in
9	subparagraph 2.  The license may be issued only:
10	1.  To a full-time salaried employee of a common carrier or
11	a full-time salaried employee or owner of a transportation
12	ticket agency and may authorize the sale of such ticket policies
13	only in connection with the sale of transportation tickets, or
14	to the full-time salaried employee of such an agent. No such
15	policy shall be for a duration of more than 48 hours or for the
16	duration of a specified one-way trip or round trip.
17	2.  To an entity or individual that is:
18	a.  The developer of a timeshare plan that is the subject
19	of an approved public offering statement under chapter 721;
20	b.  An exchange company operating an exchange program
21	approved under chapter 721;
22	c.  A managing entity operating a timeshare plan approved
23	under chapter 721;
24	d.  A seller of travel as defined in chapter 559; or
25	e.  A subsidiary or affiliate of any of the entities
26	described in sub-subparagraphs a.-d.
27
28	A licensee shall require each employee who offers policies or
29	certificates under this subparagraph to receive initial training
30	from a general lines agent or an insurer authorized under
31	chapter 624 to transact insurance within this state. For an
32	entity applying for a license as a travel insurance agent, the
33	fingerprinting requirement of this section applies only to the
34	president, secretary, and treasurer and to any other officer or
35	person who directs or controls the travel insurance operations
36	of the entity. To a full-time salaried employee of a business
37	which offers motor vehicles for rent or lease, or to a business
38	entity which offers motor vehicles for rent or lease. A business
39	office licensed or a person licensed pursuant to this
40	subparagraph may, as an agent of an insurer, transact insurance
41	that provides coverage for accidental personal injury or death
42	of the lessee and any passenger who is riding or driving with
43	the covered lessee in the rental motor vehicle if the lease or
44	rental agreement is for not more than 30 days, or if the lessee
45	is not provided coverage for more than 30 consecutive days per
46	lease period; however, if the lease is extended beyond 30 days,
47	the coverage may be extended one time only for a period not to
48	exceed an additional 30 days.
49	(d)  Baggage and Motor vehicle rental excess liability
50	insurance.--
51	1.  License covering only insurance of the risks set forth
52	in this paragraph when offered, sold, or solicited with and
53	incidental to the rental or lease of a motor vehicle and which
54	applies only to the motor vehicle that is the subject of the
55	lease or rental agreement and occupants of the motor vehicle:
56	a.  Excess motor vehicle liability insurance providing
57	coverage in excess of the standard liability limits provided by
58	the lessor in the lessor's lease to a person renting or leasing
59	a motor vehicle from the licensee's employer for liability
60	arising in connection with the negligent operation of the leased
61	or rented motor vehicle.
62	b.  Insurance covering the liability of the lessee to the
63	lessor for damage to the leased or rented motor vehicle.
64	c.  Insurance covering the loss of or damage to baggage,
65	personal effects, or travel documents of a person renting or
66	leasing a motor vehicle.
67	d.  Insurance covering accidental personal injury or death
68	of the lessee and any passenger who is riding or driving with
69	the covered lessee in the leased or rented motor vehicle.
70	2.  Insurance under a motor vehicle rental insurance
71	license may be issued only if the lease or rental agreement is
72	for no more than 60 days, the lessee is not provided coverage
73	for more than 60 consecutive days per lease period, and the
74	lessee is given written notice that his or her personal
75	insurance policy providing coverage on an owned motor vehicle
76	may provide coverage of such risks and that the purchase of the
77	insurance is not required in connection with the lease or rental
78	of a motor vehicle. If the lease is extended beyond 60 days, the
79	coverage may be extended one time only for a period not to
80	exceed an additional 60 days. Insurance may be provided to the
81	lessee as an additional insured on a policy issued to the
82	licensee's employer personal effects except as provided in
83	subparagraph 2.
84	3.  The license may be issued only:
85	a.  To a full-time salaried employee of a common carrier or
86	a full-time salaried employee or owner of a transportation
87	ticket agency, which person is engaged in the sale or handling
88	of transportation of baggage and personal effects of travelers,
89	and may authorize the sale of such insurance only in connection
90	with such transportation; or
91	b.  to the full-time salaried employee of a licensed
92	general lines agent or to a business entity that offers motor
93	vehicles for rent or lease if insurance sales activities
94	authorized by the license are in connection with and incidental
95	to the rental or lease of a motor vehicle.
96	a.  A license issued to a business entity that offers motor
97	vehicles for rent or lease shall encompass each office, branch
98	office, or place of business making use of the entity's business
99	name in order to offer, solicit, and sell insurance pursuant to
100	this paragraph.
101	b.  The application for licensure must list the name,
102	address, and phone number for each office, branch office, or
103	place of business that is to be covered by the license. The
104	licensee shall notify the department of the name, address, and
105	phone number of any new location that is to be covered by the
106	license before the new office, branch office, or place of
107	business engages in the sale of insurance pursuant to this
108	paragraph. The licensee shall notify the department within 30
109	days after closing or terminating an office, branch office, or
110	place of business. Upon receipt of the notice, the department
111	shall delete the office, branch office, or place of business
112	from the license. An entity applying for a license under this
113	sub-subparagraph:
114	(I)  Is required to submit only one application for a
115	license under s. 626.171. The requirements of s. 626.171(4)
116	shall apply only to the officers and directors of the entity
117	submitting the application.
118	(II)  Is required to obtain a license for each office,
119	branch office, or place of business making use of the entity's
120	business name by applying to the department for the license on a
121	simplified application form developed by rule of the department
122	for this purpose.
123	(III)  Is required to pay the applicable fees for a license
124	as prescribed in s. 624.501, be appointed under s. 626.112, and
125	pay the prescribed appointment fee under s. 624.501.
126	c.  A licensed and appointed entity is shall be directly
127	responsible and accountable for all acts of the licensee's
128	employees.
129
130	The purchaser of baggage insurance shall be provided written
131	information disclosing that the insured's homeowner's policy may
132	provide coverage for loss of personal effects and that the
133	purchase of such insurance is not required in connection with
134	the purchase of tickets or in connection with the lease or
135	rental of a motor vehicle.
136	2.  A business entity that offers motor vehicles for rent
137	or lease, may include lessees under a master contract providing
138	coverage to the lessor or may transact excess motor vehicle
139	liability insurance providing coverage in excess of the standard
140	liability limits provided by the lessor in its lease to a person
141	renting or leasing a motor vehicle from the licensee's employer
142	for liability arising in connection with the negligent operation
143	of the leased or rented motor vehicle, provided that the lease
144	or rental agreement is for not more than 30 days; that the
145	lessee is not provided coverage for more than 30 consecutive
146	days per lease period, and, if the lease is extended beyond 30
147	days, the coverage may be extended one time only for a period
148	not to exceed an additional 30 days; that the lessee is given
149	written notice that his or her personal insurance policy
150	providing coverage on an owned motor vehicle may provide
151	additional excess coverage; and that the purchase of the
152	insurance is not required in connection with the lease or rental
153	of a motor vehicle. The excess liability insurance may be
154	provided to the lessee as an additional insured on a policy
155	issued to the licensee's employer.
156	3.  A business entity that offers motor vehicles for rent
157	or lease, may, as an agent of an insurer, transact insurance
158	that provides coverage for the liability of the lessee to the
159	lessor for damage to the leased or rented motor vehicle if:
160	a.  The lease or rental agreement is for not more than 30
161	days; or the lessee is not provided coverage for more than 30
162	consecutive days per lease period, but, if the lease is extended
163	beyond 30 days, the coverage may be extended one time only for a
164	period not to exceed an additional 30 days;
165	b.  The lessee is given written notice that his or her
166	personal insurance policy that provides coverage on an owned
167	motor vehicle may provide such coverage with or without a
168	deductible; and
169	c.  The purchase of the insurance is not required in
170	connection with the lease or rental of a motor vehicle.
171	(5)  Nothing in this section shall permit the sale of an
172	insurance policy or certificate for any limited class of
173	business in a category identified under subsection (1) by a
174	person or entity other than an insurance policy or certificate
175	offered by an authorized insurer in this state or an eligible
176	surplus lines insurer in this state.
177	Section 3.  This act shall take effect January 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.