Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1452
Ì754896cÎ754896
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/06/2026 09:14 AM .
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Senator Truenow moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1370 - 1888
4 and insert:
5 Section 17. Subsection (10) of section 560.309, Florida
6 Statutes, is amended to read:
7 560.309 Conduct of business.—
8 (10) If a check is returned to a licensee from a payor
9 financial institution due to lack of funds, a closed account, or
10 a stop-payment order, the licensee may seek collection pursuant
11 to s. 68.065. In seeking collection, the licensee must comply
12 with the prohibitions against harassment or abuse, false or
13 misleading representations, and unfair practices in the Florida
14 Consumer Collection Practices Act under part VI of chapter 559,
15 including s. 559.77. The licensee must also comply with the Fair
16 Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and
17 1692f if the licensee uses a third-party debt collector or any
18 name other than its own to collect such debts. A violation of
19 this subsection is a deceptive and unfair trade practice and
20 constitutes a violation of the Deceptive and Unfair Trade
21 Practices Act under part II of chapter 501. In addition, a
22 licensee must comply with the applicable provisions of the
23 Consumer Collection Practices Act under part VI of chapter 559,
24 including s. 559.77.
25 Section 18. Subsection (3) of section 560.405, Florida
26 Statutes, is amended to read:
27 560.405 Deposit; redemption.—
28 (3) Notwithstanding subsection (1), in lieu of presentment,
29 a deferred presentment provider may allow the check to be
30 redeemed at any time upon payment of the outstanding transaction
31 balance and earned fees. Redemption in cash or through a debit
32 card transaction must be treated the same. However, payment may
33 not be made in the form of a personal check or through a credit
34 card transaction. Upon redemption, the deferred presentment
35 provider must return the drawer’s check and provide a signed,
36 dated receipt showing that the drawer’s check has been redeemed.
37 Section 19. Subsection (2) of section 560.406, Florida
38 Statutes, is amended to read:
39 560.406 Worthless checks.—
40 (2) If a check is returned to a deferred presentment
41 provider from a payor financial institution due to insufficient
42 funds, a closed account, or a stop-payment order, the deferred
43 presentment provider may pursue all legally available civil
44 remedies to collect the check, including, but not limited to,
45 the imposition of all charges imposed on the deferred
46 presentment provider by the financial institution. In its
47 collection practices, a deferred presentment provider must
48 comply with the prohibitions against harassment or abuse, false
49 or misleading representations, and unfair practices that are
50 contained in the Florida Consumer Collection Practices Act under
51 part VI of chapter 559, including s. 559.77. A deferred
52 presentment provider must also comply with the Fair Debt
53 Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f
54 if the deferred presentment provider uses a third-party debt
55 collector or any name other than its own to collect such debts.
56 A violation of this act is a deceptive and unfair trade practice
57 and constitutes a violation of the Deceptive and Unfair Trade
58 Practices Act under part II of chapter 501. In addition, a
59 deferred presentment provider must comply with the applicable
60 provisions of the Consumer Collection Practices Act under part
61 VI of chapter 559, including s. 559.77.
62 Section 20. Subsection (3) of section 626.0428, Florida
63 Statutes, is amended to read:
64 626.0428 Agency personnel powers, duties, and limitations.—
65 (3) An employee or an authorized representative located at
66 a designated branch of an agent or agency may not initiate
67 contact with any person for the purpose of soliciting insurance
68 unless licensed and appointed as an agent or customer
69 representative. As to title insurance, an employee of an agent
70 or agency may not initiate contact with any individual proposed
71 insured for the purpose of soliciting title insurance unless
72 licensed as a title insurance agent or exempt from such
73 licensure pursuant to s. 626.8417(4) and (5).
74 Section 21. Section 626.171, Florida Statutes, is amended
75 to read:
76 626.171 Application for license as an agent, customer
77 representative, adjuster, or service representative, or
78 reinsurance intermediary.—
79 (1) The department may not issue a license as agent,
80 customer representative, adjuster, or service representative, or
81 reinsurance intermediary to any person except upon written
82 application filed with the department, meeting the
83 qualifications for the license applied for as determined by the
84 department, and payment in advance of all applicable fees. The
85 application must be made under the oath of the applicant and be
86 signed by the applicant. An applicant may permit a third party
87 to complete, submit, and sign an application on the applicant’s
88 behalf, but is responsible for ensuring that the information on
89 the application is true and correct and is accountable for any
90 misstatements or misrepresentations. The department shall accept
91 the uniform application for resident and nonresident agent and
92 adjuster licensing. The department may adopt revised versions of
93 the uniform application by rule.
94 (2) In the application, the applicant must include all of
95 the following shall set forth:
96 (a) The applicant’s His or her full name, age, social
97 security number, residence address, business address, mailing
98 address, contact telephone numbers, including a business
99 telephone number, and e-mail address.
100 (b) A statement indicating the method the applicant used or
101 is using to meet any required prelicensing education, knowledge,
102 experience, or instructional requirements for the type of
103 license applied for.
104 (c) Whether the applicant he or she has been refused or has
105 voluntarily surrendered or has had suspended or revoked a
106 license to solicit insurance by the department or by the
107 supervising officials of any state.
108 (d) Whether any insurer or any managing general agent
109 claims the applicant is indebted under any agency contract or
110 otherwise and, if so, the name of the claimant, the nature of
111 the claim, and the applicant’s defense thereto, if any.
112 (e) Proof that the applicant meets the requirements for the
113 type of license for which he or she is applying.
114 (f) The applicant’s gender (male or female).
115 (g) The applicant’s native language.
116 (h) The highest level of education achieved by the
117 applicant.
118 (i) The applicant’s race or ethnicity (African American,
119 white, American Indian, Asian, Hispanic, or other).
120 (j) Such other or additional information as the department
121 may deem proper to enable it to determine the character,
122 experience, ability, and other qualifications of the applicant
123 to hold himself or herself out to the public as an insurance
124 representative.
125
126 However, the application must contain a statement that an
127 applicant is not required to disclose his or her race or
128 ethnicity, gender, or native language, that he or she will not
129 be penalized for not doing so, and that the department will use
130 this information exclusively for research and statistical
131 purposes and to improve the quality and fairness of the
132 examinations. The department may shall make provisions for
133 applicants to voluntarily submit their cellular telephone
134 numbers as part of the application process solely on a voluntary
135 basis only for the purpose of two-factor authentication of
136 secure login credentials only.
137 (3) Each application must be accompanied by payment of any
138 applicable fee.
139 (4) An applicant for a license issued by the department
140 under this chapter must submit a set of the individual
141 applicant’s fingerprints, or, if the applicant is not an
142 individual, a set of the fingerprints of the sole proprietor,
143 majority owner, partners, officers, and directors, to the
144 department and must pay the fingerprint processing fee set forth
145 in s. 624.501. Fingerprints must be processed in accordance with
146 s. 624.34 and used to investigate the applicant’s qualifications
147 pursuant to s. 626.201. The fingerprints must be taken by a law
148 enforcement agency or other department-approved entity. The
149 department may not approve an application for licensure as an
150 agent, customer service representative, adjuster, or service
151 representative, or reinsurance intermediary if fingerprints have
152 not been submitted.
153 (5) The application for license filing fee prescribed in s.
154 624.501 is not subject to refund.
155 (6) Members of the United States Armed Forces and their
156 spouses, and veterans of the United States Armed Forces who have
157 separated from service within 24 months before application for
158 licensure, are exempt from the application filing fee prescribed
159 in s. 624.501. Qualified individuals must provide a copy of a
160 military identification card, military dependent identification
161 card, military service record, military personnel file, veteran
162 record, discharge paper or separation document that indicates
163 such members are currently in good standing or such veterans
164 were honorably discharged.
165 (7) Pursuant to the federal Personal Responsibility and
166 Work Opportunity Reconciliation Act of 1996, each party is
167 required to provide his or her social security number in
168 accordance with this section. Disclosure of social security
169 numbers obtained through this requirement must be limited to the
170 purpose of administration of the Title IV-D program for child
171 support enforcement.
172 Section 22. Paragraph (c) of subsection (2) of section
173 626.292, Florida Statutes, is amended to read:
174 626.292 Transfer of license from another state.—
175 (2) To qualify for a license transfer, an individual
176 applicant must meet the following requirements:
177 (c) The individual must submit a completed application for
178 this state which is received by the department within 90 days
179 after the date the individual became a resident of this state,
180 along with payment of the applicable fees set forth in s.
181 624.501 and submission of the following documents:
182 1. A certification issued by the appropriate official of
183 the applicant’s home state identifying the type of license and
184 lines of authority under the license and stating that, at the
185 time the license from the home state was canceled, the applicant
186 was in good standing in that state or that the state’s Producer
187 Database records, maintained by the National Association of
188 Insurance Commissioners, its affiliates, or subsidiaries,
189 indicate that the agent or all-lines adjuster is or was licensed
190 in good standing for the line of authority requested. An
191 applicant may hold a resident license in another state for 30
192 days after the Florida resident license has been issued to
193 facilitate the transfer of licensure between states.
194 2. A set of the applicant’s fingerprints in accordance with
195 s. 626.171(4).
196 Section 23. Subsection (1) of section 626.611, Florida
197 Statutes, is amended to read:
198 626.611 Grounds for compulsory refusal, suspension, or
199 revocation of agent’s, title agency’s, adjuster’s, customer
200 representative’s, service representative’s, or managing general
201 agent’s license or appointment.—
202 (1) The department shall require license reexamination,
203 deny an application for, suspend, revoke, or refuse to renew or
204 continue the license or appointment of any applicant, agent,
205 title agency, adjuster, customer representative, service
206 representative, or managing general agent, and it shall suspend
207 or revoke the eligibility to hold a license or appointment of
208 any such person, if it finds that as to the applicant, licensee,
209 or appointee any one or more of the following applicable grounds
210 exist:
211 (a) Lack of one or more of the qualifications for the
212 license or appointment as specified in this code.
213 (b) Material misstatement, misrepresentation, or fraud in
214 obtaining the license or appointment or in attempting to obtain
215 the license or appointment.
216 (c) Failure to pass to the satisfaction of the department
217 any examination required under this code, including cheating on
218 an examination required for licensure or violating test center
219 or examination procedures delivered orally, in writing, or
220 electronically at the test site by authorized representatives of
221 the examination program administrator.
222 (d) If the license or appointment is willfully used, or to
223 be used, to circumvent any of the requirements or prohibitions
224 of this code.
225 (e) Willful misrepresentation of any insurance policy or
226 annuity contract or willful deception with regard to any such
227 policy or contract, done either in person or by any form of
228 dissemination of information or advertising.
229 (f) If, as an adjuster, or agent licensed and appointed to
230 adjust claims under this code, he or she has materially
231 misrepresented to an insured or other interested party the terms
232 and coverage of an insurance contract with intent and for the
233 purpose of effecting settlement of claim for loss or damage or
234 benefit under such contract on less favorable terms than those
235 provided in and contemplated by the contract.
236 (g) Demonstrated lack of fitness or trustworthiness to
237 engage in the business of insurance.
238 (h) Demonstrated lack of reasonably adequate knowledge and
239 technical competence to engage in the transactions authorized by
240 the license or appointment.
241 (i) Fraudulent or dishonest practices in the conduct of
242 business under the license or appointment.
243 (j) Misappropriation, conversion, or unlawful withholding
244 of moneys belonging to insurers or insureds or beneficiaries or
245 to others and received in conduct of business under the license
246 or appointment.
247 (k) Unlawfully rebating, attempting to unlawfully rebate,
248 or unlawfully dividing or offering to divide his or her
249 commission with another.
250 (l) Having obtained or attempted to obtain, or having used
251 or using, a license or appointment as agent or customer
252 representative for the purpose of soliciting or handling
253 “controlled business” as defined in s. 626.730 with respect to
254 general lines agents, s. 626.784 with respect to life agents,
255 and s. 626.830 with respect to health agents.
256 (m) Willful failure to comply with, or willful violation
257 of, any proper order or rule of the department or willful
258 violation of any provision of this code.
259 (n) Having been found guilty of or having pleaded guilty or
260 nolo contendere to a misdemeanor directly related to the
261 financial services business, any felony, or any crime punishable
262 by imprisonment of 1 year or more under the law of the United
263 States of America or of any state thereof or under the law of
264 any other country, without regard to whether a judgment of
265 conviction has been entered by the court having jurisdiction of
266 such cases.
267 (o) Fraudulent or dishonest practice in submitting or
268 aiding or abetting any person in the submission of an
269 application for workers’ compensation coverage under chapter 440
270 containing false or misleading information as to employee
271 payroll or classification for the purpose of avoiding or
272 reducing the amount of premium due for such coverage.
273 (p) Sale of an unregistered security that was required to
274 be registered, pursuant to chapter 517.
275 (q) In transactions related to viatical settlement
276 contracts as defined in s. 626.9911:
277 1. Commission of a fraudulent or dishonest act.
278 2. No longer meeting the requirements for initial
279 licensure.
280 3. Having received a fee, commission, or other valuable
281 consideration for his or her services with respect to viatical
282 settlements that involved unlicensed viatical settlement
283 providers or persons who offered or attempted to negotiate on
284 behalf of another person a viatical settlement contract as
285 defined in s. 626.9911 and who were not licensed life agents.
286 4. Dealing in bad faith with viators.
287 Section 24. Section 626.621, Florida Statutes, is amended
288 to read:
289 626.621 Grounds for discretionary refusal, suspension, or
290 revocation of agent’s, adjuster’s, customer representative’s,
291 service representative’s, or managing general agent’s license or
292 appointment.—The department may, in its discretion, require a
293 license reexamination, deny an application for, suspend, revoke,
294 or refuse to renew or continue the license or appointment of any
295 applicant, agent, adjuster, customer representative, service
296 representative, or managing general agent, and it may suspend or
297 revoke the eligibility to hold a license or appointment of any
298 such person, if it finds that as to the applicant, licensee, or
299 appointee any one or more of the following applicable grounds
300 exist under circumstances for which such denial, suspension,
301 revocation, or refusal is not mandatory under s. 626.611:
302 (1) Any cause for which issuance of the license or
303 appointment could have been refused had it then existed and been
304 known to the department.
305 (2) Violation of any provision of this code or of any other
306 law applicable to the business of insurance in the course of
307 dealing under the license or appointment.
308 (3) Violation of any lawful order or rule of the
309 department, commission, or office.
310 (4) Failure or refusal, upon demand, to pay over to any
311 insurer he or she represents or has represented any money coming
312 into his or her hands belonging to the insurer.
313 (5) Violation of the provision against twisting, as defined
314 in s. 626.9541(1)(l).
315 (6) In the conduct of business under the license or
316 appointment, engaging in unfair methods of competition or in
317 unfair or deceptive acts or practices, as prohibited under part
318 IX of this chapter, or having otherwise shown himself or herself
319 to be a source of injury or loss to the public.
320 (7) Willful overinsurance of any property or health
321 insurance risk.
322 (8) If a life agent, violation of the code of ethics.
323 (9) Cheating on an examination required for licensure or
324 violating test center or examination procedures published
325 orally, in writing, or electronically at the test site by
326 authorized representatives of the examination program
327 administrator. Communication of test center and examination
328 procedures must be clearly established and documented.
329 (10) Failure to inform the department in writing within 30
330 days after pleading guilty or nolo contendere to, or being
331 convicted or found guilty of, any felony or a crime punishable
332 by imprisonment of 1 year or more under the law of the United
333 States or of any state thereof, or under the law of any other
334 country without regard to whether a judgment of conviction has
335 been entered by the court having jurisdiction of the case.
336 (11) Knowingly aiding, assisting, procuring, advising, or
337 abetting any person in the violation of or to violate a
338 provision of the insurance code or any order or rule of the
339 department, commission, or office.
340 (12) Has been the subject of or has had a license, permit,
341 appointment, registration, or other authority to conduct
342 business subject to any decision, finding, injunction,
343 suspension, prohibition, revocation, denial, judgment, final
344 agency action, or administrative order by any court of competent
345 jurisdiction, administrative law proceeding, state agency,
346 federal agency, national securities, commodities, or option
347 exchange, or national securities, commodities, or option
348 association involving a violation of any federal or state
349 securities or commodities law or any rule or regulation adopted
350 thereunder, or a violation of any rule or regulation of any
351 national securities, commodities, or options exchange or
352 national securities, commodities, or options association.
353 (13) Failure to comply with any civil, criminal, or
354 administrative action taken by the child support enforcement
355 program under Title IV-D of the Social Security Act, 42 U.S.C.
356 ss. 651 et seq., to determine paternity or to establish, modify,
357 enforce, or collect support.
358 (14) Directly or indirectly accepting any compensation,
359 inducement, or reward from an inspector for the referral of the
360 owner of the inspected property to the inspector or inspection
361 company. This prohibition applies to an inspection intended for
362 submission to an insurer in order to obtain property insurance
363 coverage or establish the applicable property insurance premium.
364 (15) Denial, suspension, or revocation of, or any other
365 adverse administrative action against, a license to practice or
366 conduct any regulated profession, business, or vocation by this
367 state, any other state, any nation, any possession or district
368 of the United States, any court, or any lawful agency thereof.
369 (16) Taking an action that allows the personal financial or
370 medical information of a consumer or customer to be made
371 available or accessible to the general public, regardless of the
372 format in which the record is stored.
373 (17) Initiating in-person or telephone solicitation after 9
374 p.m. or before 8 a.m. local time of the prospective customer
375 unless requested by the prospective customer.
376 (18) Cancellation of the applicant’s, licensee’s, or
377 appointee’s resident license in a state other than Florida.
378 Section 25. Subsection (1) of section 626.731, Florida
379 Statutes, is amended to read:
380 626.731 Qualifications for general lines agent’s license.—
381 (1) The department may shall not grant or issue a license
382 as general lines agent to any individual found by it to be
383 untrustworthy or incompetent or who does not meet each all of
384 the following qualifications:
385 (a) The applicant is a natural person at least 18 years of
386 age.
387 (b) The applicant is a United States citizen or legal alien
388 who possesses work authorization from the United States Bureau
389 of Citizenship and Immigration Services and is a bona fide
390 resident of this state. An individual who is a bona fide
391 resident of this state shall be deemed to meet the residence
392 requirement of this paragraph, notwithstanding the existence at
393 the time of application for license of a license in his or her
394 name on the records of another state as a resident licensee of
395 such other state, if the applicant furnishes a letter of
396 clearance satisfactory to the department that the resident
397 licenses have been canceled or changed to a nonresident basis
398 and that he or she is in good standing.
399 (c) The applicant’s place of business will be located in
400 this state and he or she will be actively engaged in the
401 business of insurance and will maintain a place of business, the
402 location of which is identifiable by and accessible to the
403 public.
404 (d) The license is not being sought for the purpose of
405 writing or handling controlled business, in violation of s.
406 626.730.
407 (e) The applicant is qualified as to knowledge, experience,
408 or instruction in the business of insurance and meets the
409 requirements provided in s. 626.732.
410 (f) The applicant has passed any required examination for
411 license required under s. 626.221.
412 Section 26. Subsection (2) of section 626.785, Florida
413 Statutes, is amended to read:
414 626.785 Qualifications for license.—
415 (2) An individual who is a bona fide resident of this state
416 shall be deemed to meet the residence requirement of paragraph
417 (1)(b), notwithstanding the existence at the time of application
418 for license of a license in his or her name on the records of
419 another state as a resident licensee of such other state, if the
420 applicant furnishes a letter of clearance satisfactory to the
421 department that the resident licenses have been canceled or
422 changed to a nonresident basis and that he or she is in good
423 standing.
424 Section 27. Section 626.831, Florida Statutes, is amended
425 to read:
426 626.831 Qualifications for license.—
427 (1) The department may shall not grant or issue a license
428 as health agent as to any individual found by it to be
429 untrustworthy or incompetent, or who does not meet all of the
430 following qualifications:
431 (1)(a) Is Must be a natural person of at least 18 years of
432 age.
433 (2)(b) Is Must be a United States citizen or legal alien
434 who possesses work authorization from the United States Bureau
435 of Citizenship and Immigration Services and is a bona fide
436 resident of this state.
437 (3)(c) Is Must not be an employee of the United States
438 Department of Veterans Affairs or state service office, as
439 referred to in s. 626.833.
440 (4)(d) Has taken Must take and passed pass any examination
441 for license required under s. 626.221.
442 (5)(e) Is Must be qualified as to knowledge, experience, or
443 instruction in the business of insurance and meets meet the
444 requirements relative thereto provided in s. 626.8311.
445 (2) An individual who is a bona fide resident of this state
446 shall be deemed to meet the residence requirement of paragraph
447 (1)(b), notwithstanding the existence at the time of application
448 for license of a license in his or her name on the records of
449 another state as a resident licensee of such other state, if the
450 applicant furnishes a letter of clearance satisfactory to the
451 department that the resident licenses have been canceled or
452 changed to a nonresident basis and that he or she is in good
453 standing.
454 Section 28. Subsections (4) and (5) of section 626.8417,
455 Florida Statutes, are amended to read:
456 626.8417 Title insurance agent licensure; exemptions.—
457 (4) Title insurers, acting through designated corporate
458 officers, or attorneys duly admitted to practice law in this
459 state and in good standing with The Florida Bar are exempt from
460 the provisions of this chapter relating to title insurance
461 licensing and appointment requirements.
462 (5) An insurer may designate a corporate officer of the
463 insurer to occasionally issue and countersign binders,
464 commitments, and policies of title insurance. The designated
465 officer is exempt from the provisions of this chapter relating
466 to title insurance licensing and appointment requirements while
467 the officer is acting within the scope of the designation.
468 Section 29. Subsection (24) is added to section 626.854,
469 Florida Statutes, to read:
470 626.854 “Public adjuster” defined; prohibitions.—The
471 Legislature finds that it is necessary for the protection of the
472 public to regulate public insurance adjusters and to prevent the
473 unauthorized practice of law.
474 (24) A public adjuster, public adjuster apprentice, or
475 public adjusting firm must respond with specific information to
476 a written or electronic request for claims status from a
477 claimant or insured or their designated representative within 14
478 days after the date of the request and shall document in the
479 file the response or information provided.
480 Section 30. Section 627.797, Florida Statutes, is repealed.
481
482 ================= T I T L E A M E N D M E N T ================
483 And the title is amended as follows:
484 Delete lines 117 - 165
485 and insert:
486 application; amending s. 560.309, F.S.; revising the
487 provisions that a licensee must comply with in seeking
488 collection of worthless payment instruments; amending
489 s. 560.405, F.S.; providing that redemption in cash or
490 through a debit card transaction shall be treated the
491 same; prohibiting payment through a credit card
492 transaction; amending s. 560.406, F.S.; requiring
493 deferred presentment providers to comply with the Fair
494 Debt Collections Practices Act only if such deferred
495 presentment providers meet certain criteria; amending
496 s. 626.0428, F.S.; conforming a provision to changes
497 made by the act; amending s. 626.171, F.S.; deleting
498 reinsurance intermediaries from certain application
499 requirements; revising the list of persons from whom
500 the department is required to accept uniform
501 applications; making clarifying changes regarding the
502 voluntary submission of cellular telephone numbers;
503 revising the exemption from the application filing fee
504 for members of the United States Armed Forces;
505 amending s. 626.292, F.S.; revising applicant
506 requirements for a license transfer; amending s.
507 626.611, F.S.; requiring the department to require
508 license reexamination of certain persons and to
509 suspend or revoke the eligibility of such persons to
510 hold a license or appointment under certain
511 circumstances; amending the grounds for suspension or
512 revocation; amending s. 626.621, F.S.; authorizing the
513 department to require a license reexamination for
514 certain persons; amending s. 626.731, F.S.; revising
515 the qualifications for a general lines agent’s
516 license; amending s. 626.785, F.S.; revising the
517 qualifications for a life agent’s license; amending s.
518 626.831, F.S.; revising the qualifications for a
519 health agent’s license; amending s. 626.8417, F.S.;
520 revising the list of persons who are exempt from
521 certain provisions relating to title insurance
522 licensing and appointment requirements; amending s.
523 626.854, F.S.; requiring a public adjuster, public
524 adjuster apprentice, or public adjusting firm to
525 respond to certain claims status requests with
526 specific information within a specified timeframe and
527 document in the file the response or information
528 provided; repealing s. 627.797, F.S., relating to
529 agents exempt from title insurance licensing; amending
530 s. 648.34, F.S.; revising