CS/CS/HB 565

1
A bill to be entitled
2An act relating to insurance representatives; amending s.
3626.221, F.S.; expanding the list of applicants eligible
4for exemption from certain examination requirements;
5amending s. 626.2815, F.S.; providing an exception to
6certain examination monitoring requirements; providing
7exception requirements; amending s. 626.311, F.S.;
8authorizing agents qualifying as unaffiliated insurance
9consultants to transact insurance business within the
10scope of the agent's license; providing a definition;
11specifying prohibited activities for unaffiliated
12insurance consultants; providing effective dates.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Effective January 1, 2009, paragraph (j) of
17subsection (2) of section 626.221, Florida Statutes, is amended
18to read:
19     626.221  Examination requirement; exemptions.--
20     (2)  However, no such examination shall be necessary in any
21of the following cases:
22     (j)  An applicant for license as a customer representative
23who has earned the designation of Accredited Advisor in
24Insurance (AAI) from the Insurance Institute of America, the
25designation of Certified Insurance Counselor (CIC) from the
26Society of Certified Insurance Service Counselors, the
27designation of Accredited Customer Service Representative (ACSR)
28from the Independent Insurance Agents of America, the
29designation of Certified Professional Service Representative
30(CPSR) from the National Foundation for Certified Professional
31Service Representatives, the designation of Certified Insurance
32Service Representative (CISR) from the Society of Certified
33Insurance Service Representatives. Also, an applicant for
34license as a customer representative who has earned an
35associate's degree or bachelor's degree from an accredited
36college or university with at least 9 academic hours of property
37and casualty insurance curriculum, or the equivalent, or has
38earned the designation of Certified Customer Service
39Representative (CCSR) from the Florida Association of Insurance
40Agents, or the designation of Registered Customer Service
41Representative (RCSR) from a regionally accredited postsecondary
42institution in this state, or the designation of Professional
43Customer Service Representative (PCSR) from the Professional
44Career Institute, whose curriculum has been approved by the
45department and whose curriculum includes comprehensive analysis
46of basic property and casualty lines of insurance and testing at
47least equal to that of standard department testing for the
48customer representative license. The department shall adopt
49rules establishing standards for the approval of curriculum.
50     Section 2.  Paragraph (j) of subsection (4) of section
51626.2815, Florida Statutes, is amended to read:
52     626.2815  Continuing education required; application;
53exceptions; requirements; penalties.--
54     (4)  The following courses may be completed in order to
55meet the continuing education course requirements:
56     (j)  Any course, including courses relating to agency
57management or errors and omissions, developed or sponsored by
58any authorized insurer or recognized agents' association or
59insurance trade association or any independent study program of
60instruction, subject to approval by the department, qualifies
61for the equivalency of the number of classroom hours assigned
62thereto by the department. However, unless otherwise provided in
63this section, continuing education hours may not be credited
64toward meeting the requirements of this section unless the
65course is provided by classroom instruction or results in a
66monitored examination. A monitored examination is not required
67for:
68     1.  An independent study program of instruction that is
69presented through interactive, online technology that the
70department determines has sufficient internal testing to
71validate the student's full comprehension of the materials
72presented; or
73     2.  An independent study program of instruction presented
74on paper or in printed material that imposes a final closed book
75examination that meets the requirements of the department's rule
76for self-study courses. The examination may be taken without a
77proctor provided the student presents to the provider a sworn
78affidavit certifying that the student did not consult any
79written materials or receive outside assistance of any kind or
80from any person, directly or indirectly, while taking the
81examination. If the student is an employee of an agency or
82corporate entity, the student's supervisor or a manager or owner
83of the agency or corporate entity must also sign the sworn
84affidavit. If the student is self-employed, a sole proprietor,
85or a partner, or if the examination is administered online, the
86sworn affidavit must also be signed by a disinterested third
87party. The sworn affidavit must be received by the approved
88provider prior to reporting continuing education credits to the
89department.
90     Section 3.  Effective January 1, 2009, subsection (7) is
91added to section 626.311, Florida Statutes, to read:
92     626.311  Scope of license.--
93     (7)  Subject to the limitations of paragraph (b) and
94notwithstanding any other provisions of this chapter, an agent
95who qualifies as an unaffiliated insurance consultant under
96paragraph (a) shall be authorized to transact insurance within
97the scope of his or her agent's license.
98     (a)  For purposes of this subsection, the term
99"unaffiliated insurance consultant" means a person who is not
100affiliated with any insurer and chooses to practice as an
101independent insurance consultant providing objective advice to
102the buyers of insurance and who:
103     1.  Is licensed as an agent with respect to the type of
104insurance for which he or she transacts the business of
105insurance.
106     2.  Is not appointed or registered by an insurer or other
107authorized appointing entity.
108     3.  Does not sell or service insurance on behalf of any
109insurer, or sell or service insurance on behalf of any insurance
110agent or insurance agency, in connection with the sale or
111service on behalf of an insurer or by the insurance agent or
112insurance agency.
113     4.  Does not receive any commission or any other form of
114direct or indirect compensation from any insurer for the sale or
115servicing of insurance on behalf of such insurer, or receive any
116commission or any other form of direct or indirect compensation
117from any insurance agent or insurance agency, in connection with
118the sale or servicing of insurance on behalf of an insurer or by
119the insurance agent or insurance agency.
120     5.  Is appointed by himself or herself with the department
121and has paid the applicable fees pursuant to s. 624.501.
122     (b)  An unaffiliated insurance consultant may not:
123     1.  Hold himself or herself out as acting as the agent for
124an insurer;
125     2.  Act as a countersigning agent for an insurer; or
126     3.  Hold himself or herself out as replacing the need for
127an appointed agent in the placement or sale of insurance.
128     Section 4.  Except as otherwise expressly provided in this
129act, this act shall take effect upon becoming a law.


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