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A bill to be entitled

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An act relating to insurance agents; amending s. 626.221,

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F.S.; expanding the list of applicants eligible for

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exemption from certain examination requirements; amending

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s. 626.2815, F.S.; revising certain continuing education

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applicability requirements; prohibiting certain entities

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from imposing certain continuing education requirements;

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providing exceptions and limitations; providing an

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exception to certain examination monitoring requirements;

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providing requirements for exceptions; amending s.

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626.311, F.S.; authorizing agents qualifying as

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unaffiliated insurance consultants to transact insurance

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business within the scope of the agent's license;

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providing a definition; providing requirements for

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qualifying or continuing to qualify as an unaffiliated

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insurance consultant; specifying prohibited activities for

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unaffiliated insurance consultants; amending s. 626.381,

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F.S.; authorizing appointing entities to impose certain

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training program requirements; providing a limitation;

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limiting appointment authority of appointing entities to

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persons meeting continuing education requirements;

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prohibiting appointments contingent upon certain

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continuing education course attendance; providing

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effective dates.

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Be It Enacted by the Legislature of the State of Florida:

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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 degree or bachelor's

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degree from an accredited college or university with at least

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nine academic hours or the equivalent of property and casualty

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insurance curriculum, 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 any

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insurer, employer, or appointing entity, including those created

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or existing pursuant to s. 627.351. The provisions of this

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section shall not apply to any person holding a license for the

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sale of any line of insurance for which an examination is not

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required by the laws of this state, nor shall the provisions of

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this section apply to any limited license as the department may

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exempt by rule.

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     (3)

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     (f)  Compliance with continuing education requirements is a

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condition precedent to the issuance, continuation, reinstatement,

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or renewal of any appointment subject to this section.

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     1. An appointing entity, except those entities appointing

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

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may require an employee to take training of any type that is

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relevant to his or her employment, but may not require an

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appointee who is not also an employee to take any approved course

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or program unless such course or program deals solely with the

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appointing entity's internal procedures or products or subjects

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that are substantially 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 for insurance agents and adjusters

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imposing a final closed-book examination meeting the requirements

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of the department's rule for self-study courses. The examination

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may be taken without a proctor if the student presents to the

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provider a sworn affidavit certifying that the student did not

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consult any written materials or receive outside assistance of

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any kind or from any person, directly or indirectly, while taking

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the examination. If the student is an employee of an agency or

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corporate entity, the student's supervisor or a manager or owner

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of the agency or corporate entity must also sign the sworn

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affidavit. If the student is self-employed, a sole proprietor, or

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a partner, or if the examination is administered online, the

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sworn affidavit must also be signed by a disinterested third

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party. The sworn affidavit must be received by the approved

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provider before reporting continuing education credits to the

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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 pursuant to

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paragraph (a) is authorized to transact insurance within the

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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 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.  Present subsections (6) and (7) of section

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

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

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that 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 any appointee to

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attend training programs exclusively on the internal procedures

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of the appointing entity or exclusively on products substantially

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unique to the appointing entity in order for the appointee to

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receive a new appointment or maintain an existing appointment.

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However, an appointing entity may not require, directly or

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indirectly, any appointee to attend any training programs that

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are wholly or partially approved for general continuing education

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credit as described 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 described in s. 626.2815.

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

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indirectly, any 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 5.  Except as otherwise expressly provided in this

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