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Senator Deutch moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Effective January 1, 2009, paragraph (j) of

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subsection (2) of section 626.221, Florida Statutes, is amended

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to read:

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     626.221  Examination requirement; exemptions.--

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     (2)  However, no such examination shall be necessary in any

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of the following cases:

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     (j)  An applicant for license as a customer representative

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who has earned the designation of Accredited Advisor in Insurance

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(AAI) from the Insurance Institute of America, the designation of

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Certified Insurance Counselor (CIC) from the Society of Certified

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Insurance Service Counselors, the designation of Accredited

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Customer Service Representative (ACSR) from the Independent

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Insurance Agents of America, the designation of Certified

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Professional Service Representative (CPSR) from the National

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Foundation for Certified Professional Service Representatives,

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the designation of Certified Insurance Service Representative

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(CISR) from the Society of Certified Insurance Service

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Representatives. Also, an applicant for license as a customer

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representative who has earned an associate's degree or bachelor's

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degree from an accredited college or university with at least 9

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academic hours of property and casualty insurance curriculum, or

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the equivalent, or has earned the designation of Certified

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Customer Service Representative (CCSR) from the Florida

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Association of Insurance Agents, or the designation of Registered

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Customer Service Representative (RCSR) from a regionally

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accredited postsecondary institution in this state, or the

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designation of Professional Customer Service Representative

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(PCSR) from the Professional Career Institute, whose curriculum

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has been approved by the department and whose curriculum includes

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comprehensive analysis of basic property and casualty lines of

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insurance and testing at least equal to that of standard

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department testing for the customer representative license. The

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department shall adopt rules establishing standards for the

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approval of curriculum.

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     Section 2.  Subsection (2), paragraph (f) of subsection (3),

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and paragraph (j) of subsection (4) of section 626.2815, Florida

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Statutes, are amended to read:

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     626.2815  Continuing education required; application;

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exceptions; requirements; penalties.--

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     (2) Except as otherwise provided in this section, the

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provisions of this section apply to persons licensed to engage in

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the sale of insurance in this state for all lines of insurance

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for which an examination is required for licensing and to each

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insurer, employer, or appointing entity, including, but not

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limited to, those created or existing pursuant to s. 627.351. The

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provisions of this section shall not apply to any person holding

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a license for the sale of any line of insurance for which an

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examination is not required by the laws of this state, nor shall

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the provisions of this section apply to any limited license as

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the department may exempt by rule.

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     (3)

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     (f)1. Except as provided in subparagraph 2., compliance

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with continuing education requirements is a condition precedent

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to the issuance, continuation, reinstatement, or renewal of any

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appointment subject to this section.

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     2.a. An appointing entity, except one that appoints

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individuals who are employees or exclusive independent

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contractors of the appointing entity, may not require, directly

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or indirectly, as a condition of such appointment or the

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continuation of such appointment, the taking of an approved

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course or program by any appointee or potential appointee that is

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not of the appointee's choosing.

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     b. Any entity created or existing pursuant to s. 627.351

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may require employees to take training of any type relevant to

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their employment but may not require appointees who are not

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employees to take any approved course or program unless the

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course or program deals solely with the appointing entity's

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internal procedures or products or with subjects substantially

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unique to the appointing entity.

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     (4)  The following courses may be completed in order to meet

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the continuing education course requirements:

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     (j)  Any course, including courses relating to agency

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management or errors and omissions, developed or sponsored by any

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authorized insurer or recognized agents' association or insurance

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trade association or any independent study program of

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instruction, subject to approval by the department, qualifies for

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the equivalency of the number of classroom hours assigned thereto

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by the department. However, unless otherwise provided in this

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section, continuing education hours may not be credited toward

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meeting the requirements of this section unless the course is

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provided by classroom instruction or results in a monitored

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examination. A monitored examination is not required for:

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     1. An independent study program of instruction that is

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presented through interactive, online technology that the

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department determines has sufficient internal testing to validate

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the student's full comprehension of the materials presented; or

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     2. An independent study program of instruction presented on

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paper or in printed material that imposes a final closed book

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examination that meets the requirements of the department's rule

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for self-study courses. The examination may be taken without a

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proctor provided the student presents to the provider a sworn

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affidavit certifying that the student did not consult any written

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materials or receive outside assistance of any kind or from any

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person, directly or indirectly, while taking the examination. If

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the student is an employee of an agency or corporate entity, the

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student's supervisor or a manager or owner of the agency or

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corporate entity must also sign the sworn affidavit. If the

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student is self-employed, a sole proprietor, or a partner, or if

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the examination is administered online, the sworn affidavit must

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also be signed by a disinterested third party. The sworn

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affidavit must be received by the approved provider prior to

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reporting continuing education credits to the department.

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     Section 3.  Effective January 1, 2009, subsection (7) is

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added to section 626.311, Florida Statutes, to read:

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     626.311  Scope of license.--

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     (7) Subject to the limitations of paragraph (b) and

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notwithstanding any other provisions of this chapter, an agent

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who qualifies as an unaffiliated insurance consultant under

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paragraph (a) shall be authorized to transact insurance within

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the scope of his or her agent's license.

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     (a) For purposes of this subsection, the term "unaffiliated

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insurance consultant" means a person who is not affiliated with

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any insurer and chooses to practice as an independent insurance

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consultant providing objective advice to the buyers of insurance

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and who:

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     1. Is licensed as an agent with respect to the type of

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insurance for which he or she transacts the business of

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insurance.

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     2. Is not appointed or registered by an insurer or other

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authorized appointing entity.

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     3. Does not sell or service insurance on behalf of any

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insurer, or sell or service insurance on behalf of any insurance

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agent or insurance agency, in connection with the sale or service

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on behalf of an insurer or by the insurance agent or insurance

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agency.

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     4. Does not receive any commission or any other form of

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direct or indirect compensation from any insurer for the sale or

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servicing of insurance on behalf of such insurer, or receive any

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commission or any other form of direct or indirect compensation

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from any insurance agent or insurance agency, in connection with

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the sale or servicing of insurance on behalf of an insurer or by

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the insurance agent or insurance agency.

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     5. Is appointed by himself or herself with the department

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and has paid the applicable fees pursuant to s. 624.501.

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     (b) An unaffiliated insurance consultant may not:

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     1. Hold himself or herself out as acting as the agent for

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an insurer;

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     2. Act as a countersigning agent for an insurer; or

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     3. Hold himself or herself out as replacing the need for an

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appointed agent in the placement or sale of insurance.

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     Section 4.  Subsections (2) and (3) of section 626.331,

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Florida Statutes, are amended to read:

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     626.331  Number of appointments permitted or required.--

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     (2)  An agent shall be required to have a separate

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appointment as to each insurer by whom he or she is appointed as

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an agent. An insurance holding company may act as the appointing

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entity for all insurer members of the holding company system and

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may appoint an agent to transact insurance or adjust claims on

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behalf of two or more such insurers in a single appointment.

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However, the insurance holding company shall pay the appointment

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fee, pursuant to s. 624.501(6) as if each individual insurer had

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appointed each agent. An agent must appoint himself or herself

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before performing the functions of a viatical settlement broker.

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     (3) The department may issue a single appointment to an

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agent covering:

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     (a) Both life and health insurances to an individual

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licensed as to both such kinds of insurance and appointed as

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agent as to both such kinds by the same insurer; or

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     (b) Appointments by an insurance holding company to

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transact insurance or adjust claims on behalf of two or more

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insurers and each insurer must maintain records of such

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appointments.

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     Section 5.  Subsections (6) and (7) of section 626.381,

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Florida Statutes, are renumbered as subsections (8) and (9),

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respectively, and new subsections (6) and (7) are added to that

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section to read:

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     626.381  Renewal, continuation, reinstatement, or

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termination of appointment.--

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     (6) An appointing entity may require an appointee to attend

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training and education programs of the appointing entity in order

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for the appointee to receive a new appointment or maintain an

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existing appointment. However, an appointing entity may not

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require, directly or indirectly, any appointee to attend any

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training programs that are wholly or partially approved for

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general continuing education credit as provided in s. 626.2815.

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     (7) Each appointing entity may appoint only those persons

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who have met the continuing education requirements of the license

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necessary for such appointment as provided in s. 626.2815.

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However, an appointing entity may not make or allow, directly or

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indirectly, the appointment of any appointee or potential

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appointee to be contingent, in whole or in part, on any

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appointee's attendance at any course that is approved, in whole

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or in part, for continuing education credit pursuant to s.

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626.2815.

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     Section 6.  Except as otherwise expressly provided in this

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act, this act shall take effect upon becoming a law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to insurance representatives; amending s.

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626.221, F.S.; expanding the list of applicants eligible

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for exemption from certain examination requirements;

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amending s. 626.2815, F.S.; expanding application of

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certain continuing education requirements; providing

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limited exceptions to compliance with continuing education

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requirements as a condition precedent to certain

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appointments; providing an exception to certain

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examination monitoring requirements; providing exception

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requirements; amending s. 626.311, F.S.; authorizing

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agents qualifying as unaffiliated insurance consultants to

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transact insurance business within the scope of the

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agent's license; providing a definition; specifying

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prohibited activities for unaffiliated insurance

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consultants; amending s. 626.331, F.S.; revising

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requirements for number of appointments permitted or

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required; amending s. 626.681, F.S.; authorizing

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appointing entities to require appointees to attend

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certain training and education programs for certain

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purposes; providing an exception; limiting an appointing

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entity's appointment authority; prohibiting appointments

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to be contingent upon an appointee's attendance at certain

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courses; providing an effective date.

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4/30/2008  1:12:00 PM     30-09223-08