Bill Text: FL S0938 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Insurance Agents and Adjusters
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-03-07 - Laid on Table, refer to CS/CS/CS/HB 725 -SJ 918 [S0938 Detail]
Download: Florida-2012-S0938-Introduced.html
Bill Title: Insurance Agents and Adjusters
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-03-07 - Laid on Table, refer to CS/CS/CS/HB 725 -SJ 918 [S0938 Detail]
Download: Florida-2012-S0938-Introduced.html
Florida Senate - 2012 SB 938 By Senator Richter 37-00570-12 2012938__ 1 A bill to be entitled 2 An act relating to insurance agents and adjusters; 3 amending s. 624.501, F.S.; deleting the title insurer 4 administrative surcharge for a licensed title 5 insurance agency; amending s. 624.505, F.S.; deleting 6 a requirement that an insurer pay an agent tax for 7 each county in which an agent represents the insurer 8 and has a place of business; amending s. 626.015, 9 F.S.; revising the definitions of “adjuster” and “home 10 state”; amending s. 626.0428, F.S.; revising 11 provisions relating to who may bind insurance 12 coverage; amending s. 626.171, F.S.; providing that an 13 applicant is responsible for the information in an 14 application even if completed by a third party; 15 requiring an application to include a statement about 16 the method used to meet certain requirements; amending 17 s. 626.191, F.S.; revising provisions relating to when 18 an applicant may apply for a license after an initial 19 application is denied by the Department of Financial 20 Services; amending s. 626.221, F.S.; revising 21 provisions relating to license examinations; 22 conforming provisions relating to all-lines adjusters; 23 deleting an exemption from examination for certain 24 adjusters; amending s. 626.231, F.S.; providing for 25 submitting an application for examination on a 26 designee’s website; amending s. 626.241, F.S.; 27 revising the scope of the examination for an all-lines 28 adjuster; amending s. 626.251, F.S.; providing for e 29 mailing notices of examinations; amending s. 626.281, 30 F.S.; specifying how many times an applicant may take 31 an examination during a year; amending s. 626.2815, 32 F.S.; revising provisions relating to continuing 33 education requirements; providing that persons on 34 active military duty may seek a waiver; providing for 35 an update course and the contents of such course; 36 deleting requirements relating specifically to certain 37 types of insurance; providing education requirements 38 for bail bond agents and public adjusters; eliminating 39 the continuing education advisory board; amending s. 40 626.292, F.S.; conforming provisions to changes made 41 by the act relating to all-lines adjusters; amending 42 s. 626.311, F.S.; conforming provisions to changes 43 made by the act relating to limited licenses; amending 44 s. 626.321, F.S.; revising provisions relating to 45 limited licenses; prohibiting the future issuance of 46 new limited licenses for motor vehicle physical damage 47 and mechanical breakdown insurance; combining limited 48 licenses relating to credit insurance; specifying 49 events covered by crop hail and multiple-peril crop 50 insurance; revising in-transit and storage personal 51 property insurance to create a limited license for 52 portable electronics insurance; amending s. 626.342, 53 F.S.; clarifying that the prohibition relating to the 54 furnishing of supplies to unlicensed agents applies to 55 all unlicensed agents; amending s. 626.381, F.S.; 56 revising provisions relating to the reporting of 57 administrative actions; amending s. 626.536, F.S.; 58 clarifying requirements for reporting administrative 59 actions taken against a licensee; amending s. 626.551, 60 F.S.; shortening the time within which a licensee must 61 report to the department a change in certain 62 information; authorizing the Department of Financial 63 Services to adopt rules relating to notification of a 64 change of address; amending s. 626.621, F.S.; adding 65 failure to comply with child support requirements as 66 grounds for action against a license; amending s. 67 626.641, F.S.; clarifying provisions relating to the 68 suspension or revocation of a license or appointment; 69 amending s. 626.651, F.S.; revising provisions 70 relating to the suspension or revocation of licenses; 71 amending ss. 626.730 and 626.732, F.S.; revising 72 provisions relating to the purpose of the general 73 lines and personal lines license and certain 74 requirements related to general lines and personal 75 lines agents; conforming provisions to changes made by 76 the act relating to limited licenses; amending s. 77 626.8411, F.S.; revising requirements and exemptions 78 relating to title insurance agents or agencies; 79 amending s. 626.8418, F.S.; deleting the requirement 80 that a title insurance agency deposit certain 81 securities with the department; creating s. 626.8548, 82 F.S.; defining the term “all-lines adjuster”; amending 83 s. 626.855, F.S.; revising the definition of 84 “independent adjuster”; amending s. 626.856, F.S.; 85 revising the definition of “company employee 86 adjuster”; repealing s. 626.858, F.S., relating to 87 defining “nonresident company employee adjuster”; 88 amending s. 626.8584, F.S.; revising the definition of 89 “nonresident all-lines adjuster”; amending s. 626.863, 90 F.S.; conforming provisions to changes made by the act 91 relating to all-lines adjusters; amending s. 626.864, 92 F.S.; revising provisions relating to adjuster license 93 types; amending s. 626.865, F.S.; requiring an 94 applicant for public adjuster to be licensed as a 95 public adjuster apprentice; amending s. 626.866, F.S.; 96 conforming provisions to changes made by the act 97 relating to all-lines adjusters; repealing s. 626.867, 98 F.S., relating to qualifications for company employee 99 adjusters; amending s. 626.869, F.S.; revising 100 provisions relating to an all-lines adjuster license; 101 ceasing the issuance of certain adjuster licenses; 102 revising continuing education requirements; amending 103 s. 626.8697, F.S.; revising provisions relating to the 104 violation of rules resulting in the suspension or 105 revocation of an adjuster’s license; amending s. 106 626.872, F.S.; conforming provisions to changes made 107 by the act relating to all-lines adjusters; repealing 108 s. 626.873, F.S., relating to licensure for 109 nonresident company employee adjusters; amending s. 110 626.8734, F.S.; amending provisions relating to 111 nonresident all-lines adjusters; providing for 112 verifying an applicant’s status through the National 113 Association of Insurance Commissioners’ Producer 114 Database; amending ss. 626.8736, 626.874, 626.875, and 115 626.876, F.S.; conforming provisions to changes made 116 by the act relating to all-lines adjusters; amending 117 s. 626.927, F.S.; deleting a requirement that a 118 licensed surplus lines agent maintain a bond; 119 repealing s. 626.928, F.S., relating to a surplus 120 lines agent’s bond; amending ss. 626.933, 626.935, and 121 627.952, F.S.; conforming cross-references; amending 122 s. 635.051, F.S.; requiring persons transacting 123 mortgage guaranty insurance to be licensed and 124 appointed as a credit insurance agent; amending s. 125 648.38, F.S.; revising the notice of examination 126 requirements for bail bond agents; amending s. 127 648.385, F.S.; revising continuing education courses 128 for bail bond agents, to conform to changes made by 129 the act; amending s. 903.27, F.S.; revising provisions 130 relating to the provision of forfeiture documents and 131 notification of certain actions; providing effective 132 dates. 133 134 Be It Enacted by the Legislature of the State of Florida: 135 136 Section 1. Paragraph (e) of subsection (27) of section 137 624.501, Florida Statutes, is amended to read: 138 624.501 Filing, license, appointment, and miscellaneous 139 fees.—The department, commission, or office, as appropriate, 140 shall collect in advance, and persons so served shall pay to it 141 in advance, fees, licenses, and miscellaneous charges as 142 follows: 143 (27) Title insurance agents: 144 (e) Title insurerand title insurance agencyadministrative 145 surcharge: 1461.On or before January 30 of each calendar year, each 147 title insurer shall pay an administrative surcharge of $200.00 148 to the office for each licensed title insurance agencyappointed149by the title insurerand for each title insurer’s retail office 150 that has been appointed by the titleof theinsurer as ofon151 January 1 of that calendar yearan administrative surcharge of152$200.00. 1532. On or before January 30 of each calendar year, each154licensed title insurance agency shall remit to the department an155administrative surcharge of $200.00.Theadministrative156 surcharge may be used solely to defray the costs to the 157department andoffice for gathering and evaluatingintheir158examination or audit of title insurance agencies and retail159offices of title insurers and to gathertitle insurance data 160 from title insurance agencies and insurers for statistical 161 purposes, which shalltobe furnished to and used by the office 162 in its regulation of title insurance. 163 Section 2. Subsection (1) of section 624.505, Florida 164 Statutes, is amended to read: 165 624.505 County tax; determination;additional offices;166 nonresident agents.— 167 (1) The county tax imposedprovided forunder s. 624.501 168 foras toan agent shall be paid by each insurer for each agent 169 only for the county where the agent resides, or if thesuch170 agent’s place of business is not located in theacounty where 171 the agent residesother than that of her or his residence,then172 for the county in which the agent’swhereinis located such173 place of business is located.If an agent maintains an office or174place of business in more than one county, the tax shall be paid175for her or him by each such insurer for each county wherein the176agent represents such insurer and has a place of business.If 177When under this subsectionan insurer is paying therequired to178paycounty taxfor an agentfor a countyor countiesother than 179 the agent’s county of residence, the insurer mustshall180 designate the countyor countiesfor which the taxes are paid. 181 Section 3. Subsections (1) and (7) of section 626.015, 182 Florida Statutes, are amended to read: 183 626.015 Definitions.—As used in this part: 184 (1) “Adjuster” means a public adjuster as defined in s. 185 626.854, a public adjuster apprentice as defined in s. 626.8541, 186 or an all-lines adjuster as defined in s. 626.8548independent187adjuster as defined in s.626.855, or company employee adjuster188as defined in s.626.856. 189 (7) “Home state” means the District of Columbia and any 190 state or territory of the United States in which aninsurance191 agent or adjuster maintains his or her principal place of 192 residence or principal place of business and is licensed to act 193 as an insurance agent or adjuster. 194 Section 4. Subsections (2) and (3) of section 626.0428, 195 Florida Statutes, are amended to read: 196 626.0428 Agency personnel powers, duties, and limitations.— 197 (2) AnNoemployee of an agent or agency may not bind 198 insurance coverage unless licensed and appointed as ana general199linesagent or customer representative. 200 (3) AnNoemployee of an agent or agency may not initiate 201 contact with any person for the purpose of soliciting insurance 202 unless licensed and appointed as ana general linesagent or 203 customer representative. 204 Section 5. Subsection (1) and paragraph (b) of subsection 205 (2) of section 626.171, Florida Statutes, are amended to read: 206 626.171 Application for license as an agent, customer 207 representative, adjuster, service representative, managing 208 general agent, or reinsurance intermediary.— 209 (1) The department mayshallnot issue a license as agent, 210 customer representative, adjuster, service representative, 211 managing general agent, or reinsurance intermediary to any 212 person except upon written applicationthereforfiled with the 213 departmentit, meeting the qualifications for the license 214 applied for as determined by the departmentqualification215therefor, and payment in advance of all applicable fees. TheAny216suchapplication mustshallbe made under the oath of the 217 applicant and be signed by the applicant. An applicant may 218 permit a third party to complete, submit, and sign an 219 application on the applicant’s behalf, but is responsible for 220 ensuring that the information on the application is true and 221 correct and is accountable for any misstatements or 222 misrepresentations. The department shall accept the uniform 223 application for nonresident agent licensing.The department may224adopt revised versions of the uniform application by rule.225 (2) In the application, the applicant shall set forth: 226 (b) A statement indicating the method the applicant used or 227 is using to meet any required prelicensing education, knowledge, 228 experience, or instructional requirements for the type of 229 license applied for.Proof that he or she has completed or is in230the process of completing any required prelicensing course.231 232 However, the application must contain a statement that an 233 applicant is not required to disclose his or her race or 234 ethnicity, gender, or native language, that he or she will not 235 be penalized for not doing so, and that the department will use 236 this information exclusively for research and statistical 237 purposes and to improve the quality and fairness of the 238 examinations. 239 Section 6. Section 626.191, Florida Statutes, is amended to 240 read: 241 626.191 Repeated applications.—The failure of an applicant 242 to secure a license uponanapplication doesshallnot preclude 243 the applicant from applying again. Howeveras many times as244desired,butthe department mayshallnot considergive245consideration toor accept any further application by the same 246 applicantindividualfor a similar license dated or filed within 247 30 days aftersubsequent tothe date the department denied the 248 last application, except as provided underins. 626.281. 249 Section 7. Subsection (2) of section 626.221, Florida 250 Statutes, is amended to read: 251 626.221 Examination requirement; exemptions.— 252 (2) However, anno suchexamination is notshall be253 necessary forinany of the followingcases: 254 (a) An applicant for renewal of appointment as an agent, 255 customer representative, or adjuster, unless the department 256 determines that an examination is necessary to establish the 257 competence or trustworthiness of thesuchapplicant. 258 (b) An applicant for a limited license as agent for travel 259 insurance, motor vehicle rentalpersonal accident insurance,260baggage and motor vehicle excess liability insurance, credit261life or disabilityinsurance, credit insurance,credit property262insurance,in-transit and storage personal property insurance, 263 or portable electronicscommunications equipment property264insurance or communication equipment inland marineinsurance 265 under s. 326.321. 266 (c) In the discretion of the department, an applicant for 267 reinstatement of license or appointment as an agent, customer 268 representative,company employee adjuster,orindependent269 adjuster whose license has been suspended within the 4 years 270 beforeprior tothe date of application or written request for 271 reinstatement. 272 (d) An applicant who, within the 4 years beforeprior to273 application for license and appointment as an agent, customer 274 representative, or adjuster, was a full-time salaried employee 275 of the department whoandhadcontinuously been such an employee276withresponsible insurance duties for at leastnot less than2 277 continuous years and who had been a licensee within the 4 years 278 beforeprior toemployment by the department with the same class 279 of license as that being applied for. 280 (e) An applicantA personwho has been licensed as an all 281 lines adjuster and appointed as an independent adjuster or 282 company employee adjusteras to all property, casualty, and283surety insurances may be licensed and appointed as a company284employee adjuster or independent adjuster, as to these kinds of285insurance, without additional written examinationif an 286 application for licensure is filed with the department within 48 287 months following the date of cancellation or expiration of the 288 prior appointment. 289(f) A person who has been licensed as a company employee290adjuster or independent adjuster for motor vehicle, property and291casualty, workers’ compensation, and health insurance may be292licensed as such an adjuster without additional written293examination if his or her application for licensure is filed294with the department within 48 months after cancellation or295expiration of the prior license.296 (f)(g)An applicant for a temporary license, except as 297 otherwise provided in this code. 298 (g)(h)An applicant for a license as a life or health agent 299licensewho has received the designation of chartered life 300 underwriter (CLU) from the American College of Life Underwriters 301 andwhohas been engaged in the insurance business within the 302 past 4 years, except that the applicantsuch an individualmay 303 be examined on pertinent provisions of this code. 304 (h)(i)An applicant for license as a general lines agent, 305 customer representative, or adjuster who has received the 306 designation of chartered property and casualty underwriter 307 (CPCU) from the American Institute for Property and Liability 308 Underwriters andwhohas been engaged in the insurance business 309 within the past 4 years, except that the applicantsuch an310individualmay be examined on pertinent provisions of this code. 311 (i)(j)An applicant for license as a customer 312 representative who has earned the designation of Accredited 313 Advisor in Insurance (AAI) from the Insurance Institute of 314 America, the designation of Certified Insurance Counselor (CIC) 315 from the Society of Certified Insurance Service Counselors, the 316 designation of Accredited Customer Service Representative (ACSR) 317 from the Independent Insurance Agents of America, the 318 designation of Certified Professional Service Representative 319 (CPSR) from the National Foundation for Certified Professional 320 Service Representatives, the designation of Certified Insurance 321 Service Representative (CISR) from the Society of Certified 322 Insurance Service Representatives, or the designation of 323 Certified Insurance Representative (CIR) from the National 324 Association of Christian Catastrophe Insurance Adjusters. Also, 325 an applicant for license as a customer representative who has 326 earned an associate degree or bachelor’s degree from an 327 accredited college or university and has completedwithat least 328 9 academic hours of property and casualty insurance curriculum, 329 or the equivalent, or has earned the designation of Certified 330 Customer Service Representative (CCSR) from the Florida 331 Association of Insurance Agents, or the designation of 332 Registered Customer Service Representative (RCSR) from a 333 regionally accredited postsecondary institution in this state, 334 or the designation of Professional Customer Service 335 Representative (PCSR) from the Professional Career Institute, 336 whose curriculum has been approved by the department and which 337whose curriculumincludes comprehensive analysis of basic 338 property and casualty lines of insurance and testing at least 339 equal to that of standard department testing for the customer 340 representative license. The department shall adopt rules 341 establishing standards for the approval of curriculum. 342 (j)(k)An applicant for license as a resident or 343 nonresident all-linesan independent or company employee344 adjuster who has the designation of Accredited Claims Adjuster 345 (ACA) from a regionally accredited postsecondary institution in 346 this state, Professional Claims Adjuster (PCA) from the 347 Professional Career Institute, Professional Property Insurance 348 Adjuster (PPIA) from the HurriClaim Training Academy, Certified 349 Adjuster (CA) from ALL LINES Training, or Certified Claims 350 Adjuster (CCA) from the Association of Property and Casualty 351 Claims Professionals whose curriculum has been approved by the 352 department and whichwhose curriculumincludes comprehensive 353 analysis of basic property and casualty lines of insurance and 354 testing at least equal to that of standard department testing 355 for the all-lines adjuster license. The department shall adopt 356 rules establishing standards for the approval of curriculum. 357 (k)(l)An applicant qualifying for a license transfer under 358 s. 626.292,if the applicant: 359 1. Has successfully completed the prelicensing examination 360 requirements in the applicant’s previous home state which are 361 substantially equivalent to the examination requirements in this 362 state, as determined by the department; 363 2. Has received the designation of chartered property and 364 casualty underwriter (CPCU) from the American Institute for 365 Property and Liability Underwriters andhasbeen engaged in the 366 insurance business within the past 4 years if applying to 367 transfer a general lines agent license; or 368 3. Has received the designation of chartered life 369 underwriter (CLU) from the American College of Life Underwriters 370 andhasbeen engaged in the insurance business within the past 4 371 years,if applying to transfer a life or health agent license. 372 (l)(m)An applicant for a license as a nonresident agent 373license,if the applicant: 374 1. Has successfully completed prelicensing examination 375 requirements in the applicant’s home state which are 376 substantially equivalent to the examination requirements in this 377 state, as determined by the department, as a requirement for 378 obtaining a resident license in his or her home state; 379 2. Held a general lines agent license, life agent license, 380 or health agent license beforeprior to the timea written 381 examination was required; 382 3. Has received the designation of chartered property and 383 casualty underwriter (CPCU) from the American Institute for 384 Property and Liability Underwriters and has been engaged in the 385 insurance business within the past 4 years, if an applicant for 386 a nonresident license as a general lines agent; or 387 4. Has received the designation of chartered life 388 underwriter (CLU) from the American College of Life Underwriters 389 andhasbeen in the insurance business within the past 4 years, 390 if an applicant for a nonresident license as a life agent or 391 health agent. 392 Section 8. Subsection (2) of section 626.231, Florida 393 Statutes, is amended to read: 394 626.231 Eligibility; application for examination.— 395 (2) A person required to take an examination for a license 396 maybe permitted totake an examination beforeprior to397 submitting an application for licensure pursuant to s. 626.171 398 by submitting an application for examination through the 399 department’s Internet website or the website of a person 400 designated by the department to administer the examination. The 401 department may requireIn the application,the applicant to 402 provide the following information as part of the application 403shall set forth: 404 (a) His or her full name, date of birthage, social 405 security number, residence address, business address, and 406 mailing address. 407 (b) The type of license whichthatthe applicant intends to 408 apply for. 409 (c) The name of any required prelicensing course he or she 410 has completed or is in the process of completing. 411 (d) The method by which the applicant intends to qualify 412 for the type of license if other than by completing a 413 prelicensing course. 414 (e) The applicant’s gender(male or female). 415 (f) The applicant’s native language. 416 (g) The highest level of education achieved by the 417 applicant. 418 (h) The applicant’s race or ethnicity(African American,419white, American Indian, Asian, Hispanic, or other). 420 421 However, the application form must contain a statement that an 422 applicant is not required to disclose his or her race or 423 ethnicity, gender, or native language, that he or she will not 424 be penalized for not doing so, and that the department will use 425 this information exclusively for research and statistical 426 purposes and to improve the quality and fairness of the 427 examinations. 428 Section 9. Subsection (6) of section 626.241, Florida 429 Statutes, is amended to read: 430 626.241 Scope of examination.— 431 (6) In order to reflect the differences between adjusting 432 claims for an insurer and adjusting claims for an insured, the 433 department shall create an examination for applicants seeking 434 licensure as a public adjuster and a separate examination for 435 applicants seeking licensure as an all-linesa company employee436adjuster or independentadjuster. 437 (a) Examinationsgiven applicantsfor a license as an all 438 lines adjuster mustshallcover adjusting in all lines of 439 insurance, other than life and annuity; or, in accordance with440the application for the license, the examination may be limited441to adjusting in:442(a) Automobile physical damage insurance;443(b) Property and casualty insurance;444(c) Workers’ compensation insurance; or445(d) Health insurance. 446 (b) AnNoexamination for workers’onworker’scompensation 447 insurance or health insurance is notshall berequired for 448 public adjusters. 449 Section 10. Subsection (1) of section 626.251, Florida 450 Statutes, is amended to read: 451 626.251 Time and place of examination; notice.— 452 (1) The department, or a person designated by the 453 department, shall providemail writtennotice of the time and 454 place of the examination to each applicant for examination and 455 each applicant for license required to take an examination who 456 will be eligible to take the examination as of the examination 457 date. The notice shall be e-mailedso mailed, postage prepaid,458and addressedto the applicant at the e-mailhis or heraddress 459 shown on the application for license or examinationat such460other address as requested by the applicant in writing filed461with the department prior to the mailing of the notice. Notice 462 isshall bedeemed given when so mailed. 463 Section 11. Section 626.281, Florida Statutes, is amended 464 to read: 465 626.281 Reexamination.— 466 (1) AnAnyapplicant for license orapplicant for467 examination who haseither: 468 (a) Taken an examination and failed to make a passing 469 grade, or 470 (b) Failed to appear for the examination or to take or 471 complete the examination at the time and place specified in the 472 notice of the department, 473 474 may take additional examinations, after filing with the 475 department or its designee an application for reexamination 476 together with applicable fees. The failure of an applicant to 477 pass an examination,or the failureto appear for the 478 examination, or to take or complete the examination does not 479 preclude the applicant from taking subsequent examinations. 480 (2) Applicants may take an examination for a license type 481 up to three times in a 12-month period. 482 (3)(2)The department may require ananyindividual whose 483 license as an agent, customer representative, or adjuster has 484 expired orhasbeen suspended to pass an examination before 485prior toreinstating or relicensing the individual as to any 486 class of license. The examination fee mustshallbe paid foras487toeach examination. 488 Section 12. Section 626.2815, Florida Statutes, is amended 489 to read: 490 626.2815 Continuing educationrequired; application;491exceptions;requirements; penalties.— 492 (1) The purpose of this section is to establish 493 requirements and standards for continuing education courses for 494 individualspersonslicensed to solicit,orsell, or adjust 495 insurance in the state. 496 (2) Except as otherwise provided in this section,the497provisions ofthis section appliesapplyto individualspersons498 licensed to engage in the sale of insurance or adjustment of 499 insurance claims in this state for all lines of insurance for 500 which an examination is required for licensing and to each 501 insurer, employer, or appointing entity, including, but not 502 limited to, those created or existing pursuant to s. 627.351. 503The provisions ofThis section doesshallnot apply to anany504 individual who holdsperson holdinga license for the sale of 505 any line of insurance for which an examination is not required 506 by the laws of this state or who holds a, nor shall the507provisions of this section apply to anylimited licenseas the508department may exempt by rule. Licensees who are unable to 509 comply with the continuing education requirements due to active 510 duty in the military may submit a written request for a waiver 511 to the department. 512 (3)(a)Each licenseepersonsubject tothe provisions of513 this section must, except as set forth in paragraphs (b), (c), 514 and (d), complete a minimum of 24 hours of continuing education 515 courses every 2 years in basic or higher-level courses 516 prescribed by this section or in other courses approved by the 517 department. 518 (a) Each licenseeperson subject to the provisions of this519sectionmust complete, as part of his or her required number of520continuing education hours,3 hours of continuing education, 521 approved by the department, every 2 years on the subject matter 522 of ethics. Each licensed general lines agent and customer 523 representativesubject to this sectionmust complete, as part of524his or her required number of continuing education hours,1 hour 525 of continuing education, approved by the department, every 2 526 years on the subject matter of premium discounts available on 527 property insurance policies based on various hurricane 528 mitigation options and the means for obtaining the discounts. 529 (b) A licenseepersonwho has been licensed fora period of530 6 or more years must complete 20 hours of continuing education 531 every 2 years in intermediate or advanced-level courses 532 prescribed by this section or in other courses approved by the 533 department. 534 (c) A licensee who has been licensed for 25 years or more 535 and is a CLU or a CPCU or has a Bachelor of Science degree in 536 risk management or insurance with evidence of 18 or more 537 semester hours in upper-level insurance-related courses must 538 complete 10 hours of continuing education courses every 2 years 539 in courses prescribed by this section or in other courses 540 approved by the department. 541 (d) An individualAny personwho holds a license as a 542 customer representative, limited customer representative, title 543 agent, motor vehicle physical damage and mechanical breakdown 544 insurance agent, crop or hail and multiple-peril crop insurance 545 agent, orasan industrial fire insurance or burglary insurance 546 agent and who is not a licensed life or healthinsuranceagent, 547 mustshall be required tocomplete 10 hours of continuing 548 education courses every 2 years. 549 (e) An individualAny personwho holds a license to solicit 550 or sell life or health insurance and a license to solicit or 551 sell property, casualty, surety, or surplus lines insurance must 552 completethe continuing education requirements by completing553 courses in life or health insurance for one-half of the total 554 hours required and courses in property, casualty, surety, or 555 surplus lines insurance for one-half of the total hours 556 required. However, a licensee who holds an industrial fire or 557 burglary insurance license and who is a licensed life or health 558 agent mustshall be required tocomplete 4 hours of continuing 559 education courses every 2 years related to industrial fire or 560 burglary insurance and the remaining number of hours of 561 continuing education coursesrequiredrelated to life or health 562 insurance. 563 (f) Excess hours accumulated during any 2-year compliance 564 period may be carried forward to the next compliance period. 565 (g) An individual teaching an approved course of 566 instruction or lecturing at an any approved seminar and 567 attending the entire course or seminar qualifies for the same 568 number of classroom hours as would be granted to a person taking 569 and successfully completing such course or seminar. Credit is 570 limited to the number of hours actually taught unless a person 571 attends the entire course or seminar. An individual who is an 572 official of or employed by a governmental entity in this state 573 and serves as a professor, instructor, or other position or 574 office, the duties and responsibilities of which are determined 575 by the department to require monitoring and review of insurance 576 laws or insurance regulations and practices, is exempt from this 577 section. 578 (4)(f)1.Except as provided in subparagraph 2.,Compliance 579 with continuing education requirements is a condition precedent 580 to the issuance, continuation, reinstatement, or renewal of any 581 appointment subject to this section. However: 582 (a)2.a.An appointing entity, except one that appoints 583 individuals who are employees or exclusive independent 584 contractors of the appointing entity, may not require, directly 585 or indirectly, as a condition of such appointment or the 586 continuation of such appointment, the taking of an approved 587 course or program by any appointee or potential appointee which 588thatis not of the appointee’s choosing. 589 (b)b.Any entity created or existing pursuant to s. 627.351 590 may require employees to take training of any type relevant to 591 their employment but may not require appointees who are not 592 employees to take any approved course or program unless the 593 course or program deals solely with the appointing entity’s 594 internal procedures or products or with subjects substantially 595 unique to the appointing entity. 596(g)A person teaching any approved course of instruction or597lecturing at any approved seminar and attending the entire598course or seminar shall qualify for the same number of classroom599hours as would be granted to a person taking and successfully600completing such course, seminar, or program. Credit shall be601limited to the number of hours actually taught unless a person602attends the entire course or seminar. Any person who is an603official of or employed by any governmental entity in this state604and serves as a professor, instructor, or in any other position605or office the duties and responsibilities of which are606determined by the department to require monitoring and review of607insurance laws or insurance regulations and practices shall be608exempt from this section.609(h) Excess classroom hours accumulated during any610compliance period may be carried forward to the next compliance611period.612 (5)(i)For good cause shown, the department may grant an 613 extension of time during which the requirements ofimposed by614 this section may be completed, but such extensionof timemay 615 not exceed 1 year. 616 (6)(j)A nonresident licensee who must complete continuing 617 education requirements in his or her home state may use the home 618 state requirements to also meet this state’s continuing 619 education requirementsas well,if the licensee’sresident’s620 home state recognizes reciprocity with this state’s continuing 621 education requirements. A nonresident licensee whose home state 622 does not have a continuing education requirement but is licensed 623 for the same class of business in another state that haswhich624does havea continuing education requirement may comply with 625 this section by furnishing proof of compliance with the other 626 state’s requirement if that state has a reciprocal agreement 627 with this state relative to continuing education. A nonresident 628 licensee whose home state does not have such continuing 629 education requirements, and who is not licensed as a nonresident 630 licenseeagentin a state that has continuing education 631 requirements and reciprocates with this state, must meet the 632 continuing education requirements of this state. 633(k) Any person who holds a license to solicit or sell life634insurance in this state must complete a minimum of 3 hours in635continuing education, approved by the department, on the subject636of suitability in annuity and life insurance transactions. This637requirement does not apply to an agent who does not have any638active life insurance or annuity contracts. In applying this639exemption, the department may require the filing of a640certification attesting that the agent has not sold life641insurance or annuities during the continuing education642compliance cycle in question and does not have any active life643insurance or annuity contracts. A licensee may use the hours644obtained under this paragraph to satisfy the requirement for645continuing education in ethics under paragraph (a).646 (7)(4)The following courses may be completed in order to 647 meet the elective continuing education course requirements: 648 (a) Any part of the Life Underwriter Training Council Life 649 Course Curriculum: 24 hours; Health Course: 12 hours. 650 (b) Any part of the American College “CLU” diploma 651 curriculum: 24 hours. 652 (c) Any part of the Insurance Institute of America’s 653 program in general insurance: 12 hours. 654 (d) Any part of the American Institute for Property and 655 Liability Underwriters’ Chartered Property Casualty Underwriter 656 (CPCU) professional designation program: 24 hours. 657 (e) Any part of the Certified Insurance Counselor program: 658 21 hours. 659 (f) Any part of the Accredited Advisor in Insurance: 21 660 hours. 661 (g) In the case of title agents, completion of the 662 Certified Land Closer (CLC) professional designation program and 663 receipt of the designation: 24 hours. 664 (h) In the case of title agents, completion of the 665 Certified Land Searcher (CLS) professional designation program 666 and receipt of the designation: 24 hours. 667 (i) Any insurance-related course thatwhichis approved by 668 the department and taught by an accredited college or university 669 per credit hour granted: 12 hours. 670 (j) Any course, including courses relating to agency 671 management or errors and omissions, developed or sponsored by an 672anyauthorized insurer or recognized agents’ association or 673 insurance trade association or ananyindependent study program 674 of instruction, subject to approval by the department, qualifies 675 for the equivalency of the number of classroom hours assigned 676theretoby the department. However, unless otherwise provided in 677 this section, continuing education hours may not be credited 678 toward meeting the requirements of this section unless the 679 course is provided by classroom instruction or results in a 680 monitored examination. A monitored examination is not required 681 for: 682 1. An independent study program of instruction presented 683 through interactive, online technology that the department 684 determines has sufficient internal testing to validate the 685 student’s full comprehension of the materials presented; or 686 2. An independent study program of instruction presented on 687 paper or in printed material whichthatimposes a final closed 688 book examination that meets the requirements of the department’s 689 rule for self-study courses. The examination may be taken 690 without a proctor ifprovidedthe student presents to the 691 provider a sworn affidavit certifying that the student did not 692 consult any written materials or receive outside assistance of 693 any kind or from any person, directly or indirectly, while 694 taking the examination. If the student is an employee of an 695 agency or corporate entity, the student’s supervisor or a 696 manager or owner of the agency or corporate entity must also 697 sign the sworn affidavit. If the student is self-employed, a 698 sole proprietor, or a partner, or if the examination is 699 administered online, the sworn affidavit must also be signed by 700 a disinterested third party. The sworn affidavit must be 701 received by the approved provider beforeprior toreporting 702 continuing education credits to the department. 703 (8)(k)Each person or entity sponsoring a course for 704 continuing education credit must furnish, within 1530days 705 after completion of the course, in a form satisfactory to the 706 department or its designee, awritten and certifiedroster 707 showing the name and license number of all persons successfully 708 completing such course and requesting credit, accompanied by the709required fee. 710 (9)(5)The department may immediately terminate orshall711 refuse to renew the appointment of ananyagent or adjuster who 712 has been notified by the department thatwho has not hadhis or 713 her continuing education requirements have not been certified, 714 unless the agent or adjuster has been granted an extension or 715 waiver by the department. The department may not issue a new 716 appointment of the same or similar type,with any insurer,to a 717 licenseean agentwho was denied a renewal appointment for 718 failingfailureto complete continuing education as required 719 until the licenseeagentcompletes his or her continuing 720 education requirement. 721(6)(a) There is created an 11-member continuing education722advisory board to be appointed by the Chief Financial Officer.723Appointments shall be for terms of 4 years. The purpose of the724board is to advise the department in determining standards by725which courses may be evaluated and categorized as basic,726intermediate, or advanced. The board shall submit727recommendations to the department of changes needed in such728criteria not less frequently than every 2 years. The department729shall require all approved course providers to submit courses730for approval to the department using the criteria. All731materials, brochures, and advertisements related to the approved732courses must specify the level assigned to the course.733(b) The board members shall be appointed as follows:7341. Seven members representing agents of which at least one735must be a representative from each of the following736organizations: the Florida Association of Insurance Agents; the737Florida Association of Insurance and Financial Advisors; the738Professional Insurance Agents of Florida, Inc.; the Florida739Association of Health Underwriters; the Specialty Agents’740Association; the Latin American Agents’ Association; and the741National Association of Insurance Women. Such board members must742possess at least a bachelor’s degree or higher from an743accredited college or university with major coursework in744insurance, risk management, or education or possess the745designation of CLU, CPCU, CHFC, CFP, AAI, or CIC. In addition,746each member must possess 5 years of classroom instruction747experience or 5 years of experience in the development or design748of educational programs or 10 years of experience as a licensed749resident agent. Each organization may submit to the department a750list of recommendations for appointment. If one organization751does not submit a list of recommendations, the Chief Financial752Officer may select more than one recommended person from a list753submitted by other eligible organizations.7542. Two members representing insurance companies at least755one of whom must represent a Florida Domestic Company and one of756whom must represent the Florida Insurance Council. Such board757members must be employed within the training department of the758insurance company. At least one such member must be a member of759the Society of Insurance Trainers and Educators.7603. One member representing the general public who is not761directly employed in the insurance industry. Such board member762must possess a minimum of a bachelor’s degree or higher from an763accredited college or university with major coursework in764insurance, risk management, training, or education.7654. One member, appointed by the Chief Financial Officer,766who represents the department.767(c) The members of the board shall serve at the pleasure of768the Chief Financial Officer. Each board member shall be entitled769to reimbursement for expenses pursuant to s.112.061. The board770shall designate one member as chair. The board shall meet at the771call of the chair or the Chief Financial Officer.772 (10)(7)The department may contract services relative to 773 the administration of the continuing education program to a 774 private entity. The contract shall be procured as acontract for775acontractual service pursuant to s. 287.057. 776 Section 13. Effective October 1, 2014, subsection (3) of 777 section 626.2815, Florida Statutes, as amended by this act, is 778 amended to read: 779 626.2815 Continuing education requirements.— 780 (3) Each licenseesubject tothis sectionmust, except as781set forth in paragraphs (b), (c), and (d),complete a 7-hour 782 update course every 2 years which is specific to the license 783 held by the licensee. The course must be developed and offered 784 by providers and approved by the department. The content of the 785 course must address all lines of insurance for which examination 786 and license is required and include the following subject areas: 787 insurance law updates, ethics for insurance professionals, 788 disciplinary trends and case studies, industry trends, 789 determining suitability of products and services, and other 790 similar insurance-related topics the department determines are 791 relevant to legally and ethically carrying out the 792 responsibilities of the license granted. A licensee who holds 793 multiple insurance licenses must complete an update course that 794 is specific to at least one of the licenses held. Except as 795 otherwise specified, any remaining required hours of continuing 796 education are elective and may consist of any continuing 797 education course approved by the department or under this 798 sectionminimum of 24 hours of continuing education courses799every 2 years in basic or higher-level courses prescribed by800this section or in other courses approved by the department. 801 (a) Except as provided in paragraphs (b), (c), (d), (e), 802 and (f), each licensee must also complete 173hours of elective 803 continuing education courses, approved by the department,every 804 2 yearson the subject matter of ethics.Each licensed general805lines agent and customer representativemust complete1 hour of806continuing education, approved by the department,every 2 years807on the subject matter of premium discounts available on property808insurance policies based on various hurricane mitigation options809and the means for obtaining the discounts.810 (b) A licensee who has been licensed for 6 or more years 811 must also complete a minimum of 1320hours of elective 812 continuing education every 2 yearsin intermediate or advanced813level courses prescribed by this section or in other courses814approved by the department. 815 (c) A licensee who has been licensed for 25 years or more 816 and is a CLU or a CPCU or has a Bachelor of Science degree in 817 risk management or insurance with evidence of 18 or more 818 semester hours inupper-levelinsurance-related courses must 819 also complete a minimum of 310hours of elective continuing 820 education courses every 2 yearsin courses prescribed by this821section or in other courses approved by the department. 822 (d) An individual who holds a license as a customer 823 representative, limited customer representative, title agent, 824motor vehicle physical damage and mechanical breakdown insurance825agent, crop or hail and multiple-peril crop insurance agent,or 826 an industrial fire insurance or burglary insurance agent and who 827 is not a licensed life or health agent, must also complete a 828 minimum of 310hours of continuing education courses every two 829 years. 830(e)An individualwho holds a license to solicit or sell831life or health insurance and a license to solicit or sell832property, casualty, surety, or surplus lines insurance must833completecourses in life or health insurance for one-half of the834total hours required and courses in property, casualty, surety,835or surplus lines insurance for one-half of the total hours836required. However, a licensee who holds an industrial fire or837burglary insurance license and who is a licensed life or health838agentmustcomplete 4 hours of continuing education courses839every 2 yearsrelated to industrial fire or burglary insurance840and the remaining number of hours of continuing education841coursesrelated to life or health insurance.842 (e) An individual subject to chapter 648 must complete the 843 7-hour update course and a minimum of 7 hours of elective 844 continuing education courses every 2 years. 845 (f) Elective continuing education courses for public 846 adjusters must be specifically designed for public adjusters and 847 approved by the department. Notwithstanding this subsection, 848 public adjusters for workers’ compensation insurance or health 849 insurance are not required to take continuing education courses 850 pursuant to this section. 851 (g)(f)Excess hours accumulated during any 2-year 852 compliance period may be carried forward to the next compliance 853 period. 854 (h)(g)An individual teaching an approved course of 855 instruction or lecturing at an any approved seminar and 856 attending the entire course or seminar qualifies for the same 857 number of classroom hours as would be granted to a person taking 858 and successfully completing such course or seminar. Credit is 859 limited to the number of hours actually taught unless a person 860 attends the entire course or seminar. An individual who is an 861 official of or employed by a governmental entity in this state 862 and serves as a professor, instructor, or other position or 863 office, the duties and responsibilities of which are determined 864 by the department to require monitoring and review of insurance 865 laws or insurance regulations and practices, is exempt from this 866 section. 867 Section 14. Subsections (1) and (2) of section 626.292, 868 Florida Statutes, are amended to read: 869 626.292 Transfer of license from another state.— 870 (1) AnAnyindividual licensed in good standing in another 871 state may apply to the department to have the license 872 transferred to this state to obtain aFloridaresident agent or 873 all-lines adjuster license for the same lines of authority 874 covered by the license in the other state. 875 (2) To qualify for a license transfer, an individual 876 applicant must meet the following requirements: 877 (a) The individual mustshallbecome a resident of this 878 state. 879 (b) The individual mustshallhave been licensed in another 880 state for a minimum of 1 year immediately preceding the date the 881 individual became a resident of this state. 882 (c) The individual mustshallsubmit a completed 883 application for this state which is received by the department 884 within 90 days after the date the individual became a resident 885 of this state, along with payment of the applicable fees set 886 forth in s. 624.501 and submission of the following documents: 887 1. A certification issued by the appropriate official of 888 the applicant’s home state identifying the type of license and 889 lines of authority under the license and stating that, at the 890 time the license from the home state was canceled, the applicant 891 was in good standing in that state or that the state’s Producer 892 Database records, maintained by the National Association of 893 Insurance Commissioners, its affiliates, or subsidiaries, 894 indicate that the agent or all-lines adjuster is or was licensed 895 in good standing for the line of authority requested. 896 2. A set of theindividualapplicant’s fingerprints in 897 accordance with s. 626.171(4). 898 (d) The individual mustshallsatisfy prelicensing 899 education requirements in this state, unless the completion of 900 prelicensing education requirements was a prerequisite for 901 licensure in the other state and the prelicensing education 902 requirements in the other state are substantially equivalent to 903 the prelicensing requirements of this state as determined by the 904 department. This paragraph does not apply to all-lines 905 adjusters. 906 (e) The individual mustshallsatisfy the examination 907 requirement under s. 626.221, unless exemptedexempt thereunder. 908 Section 15. Subsections (2) and (3) of section 626.311, 909 Florida Statutes, are amended to read: 910 626.311 Scope of license.— 911 (2) Except with respectasto a limited license as a credit 912life or disabilityinsurance agent, the license of a life agent 913 coversshall coverall classes of life insurance business. 914 (3) Except with respectasto a limited license as a travel 915personal accidentinsurance agent, the license of a health agent 916 coversshall coverall kinds of health insurance;and suchno917 license may notshallbeissuedlimited to a particular class of 918 health insurance. 919 Section 16. Subsections (1) and (4) of section 626.321, 920 Florida Statutes, are amended to read: 921 626.321 Limited licenses.— 922 (1) The department shall issue to a qualified applicant 923individual, or a qualified individual or entity under paragraphs924(c), (d), (e), and (i),a license as agent authorized to 925 transact a limited class of business in any of the following 926 categories of limited lines insurance: 927 (a) Motor vehicle physical damage and mechanical breakdown 928 insurance.—License covering insurance against only the loss of 929 or damage to aanymotor vehicle thatwhichis designed for use 930 upon a highway, including trailers and semitrailers designed for 931 use with such vehicles. Such license also covers insurance 932 against the failure of an original or replacement part to 933 perform any function for which it was designed.The applicant934for such a license shall pass a written examination covering935motor vehicle physical damage insurance and mechanical breakdown936insurance.A licensee under this paragraph may notNo individual937while so licensed shallhold a license as an agent foras toany 938 other or additional kind or class of insurance coverage except 939as toa limited license for credit insurancelife and disability940insurancesas provided in paragraph (e). Effective October 1, 941 2012, all licensees holding such limited license and appointment 942 may renew the license and appointment, but no new or additional 943 licenses may be issued pursuant to this paragraph, and a 944 licensee whose limited license under this paragraph has been 945 terminated, suspended, or revoked may not have such license 946 reinstated. 947 (b) Industrial fire insurance or burglary insurance. 948 License covering only industrial fire insurance or burglary 949 insurance. The applicant for such a license mustshallpass a 950 written examination covering such insurance. A licensee under 951 this paragraph may notNo individual while so licensed shall952 hold a license as an agent foras toany other or additional 953 kind or class of insurance coverage except foras tolife 954 insurance and health insuranceinsurances. 955 (c) Travel insurance.—License covering only policies and 956 certificates of travel insurance,which are subject to review by 957 the office under s. 624.605(1)(q). Policies and certificates of 958 travel insurance may provide coverage for risks incidental to 959 travel, planned travel, or accommodations while traveling, 960 including, but not limited to, accidental death and 961 dismemberment of a traveler; trip cancellation, interruption, or 962 delay; loss of or damage to personal effects or travel 963 documents; baggage delay; emergency medical travel or evacuation 964 of a traveler; or medical, surgical, and hospital expenses 965 related to an illness or emergency of a traveler.AnySuch 966 policy or certificate may be issued for terms longer than 60 967 days, buteach policy or certificate, other than a policy or 968 certificate providing coverage for air ambulatory services only, 969 each policy or certificate must be limited to coverage for 970 travel or use of accommodations of no longer than 60 days. The 971 license may be issued only: 972 1. To a full-time salaried employee of a common carrier or 973 a full-time salaried employee or owner of a transportation 974 ticket agency and may authorize the sale of such ticket policies 975 only in connection with the sale of transportation tickets, or 976 to the full-time salaried employee of such an agent.NoSuch 977 policy may notshallbe fora duration ofmore than 48 hours or 978 more thanforthe duration of a specified one-way trip or round 979 trip. 980 2. To an entity or individual that is: 981 a. The developer of a timeshare plan that is the subject of 982 an approved public offering statement under chapter 721; 983 b. An exchange company operating an exchange program 984 approved under chapter 721; 985 c. A managing entity operating a timeshare plan approved 986 under chapter 721; 987 d. A seller of travel as defined in chapter 559; or 988 e. A subsidiary or affiliate of any of the entities 989 described in sub-subparagraphs a.-d. 990 991 A licensee shall require each employee who offers policies or 992 certificates under this subparagraph to receive initial training 993 from a general lines agent or an insurer authorized under 994 chapter 624 to transact insurance within this state. For an 995 entity applying for a license as a travel insurance agent, the 996 fingerprinting requirement of this section applies only to the 997 president, secretary, and treasurer and to any other officer or 998 person who directs or controls the travel insurance operations 999 of the entity. 1000 (d) Motor vehicle rental insurance.— 1001 1. License covering only insurance of the risks set forth 1002 in this paragraph when offered, sold, or solicited with and 1003 incidental to the rental or lease of a motor vehicle and which 1004 applies only to the motor vehicle that is the subject of the 1005 lease or rental agreement and the occupants of the motor 1006 vehicle: 1007 a. Excess motor vehicle liability insurance providing 1008 coverage in excess of the standard liability limits provided by 1009 the lessor in the lessor’s lease to a person renting or leasing 1010 a motor vehicle from the licensee’s employer for liability 1011 arising in connection with the negligent operation of the leased 1012 or rented motor vehicle. 1013 b. Insurance covering the liability of the lessee to the 1014 lessor for damage to the leased or rented motor vehicle. 1015 c. Insurance covering the loss of or damage to baggage, 1016 personal effects, or travel documents of a person renting or 1017 leasing a motor vehicle. 1018 d. Insurance covering accidental personal injury or death 1019 of the lessee and any passenger who is riding or driving with 1020 the covered lessee in the leased or rented motor vehicle. 1021 2. Insurance under a motor vehicle rental insurance license 1022 may be issued only if the lease or rental agreement is for no 1023 more than 60 days, the lessee is not provided coverage for more 1024 than 60 consecutive days per lease period, and the lessee is 1025 given written notice that his or her personal insurance policy 1026 providing coverage on an owned motor vehicle may provide 1027 coverage of such risks and that the purchase of the insurance is 1028 not required in connection with the lease or rental of a motor 1029 vehicle. If the lease is extended beyond 60 days, the coverage 1030 may be extended one time only for a period not to exceed an 1031 additional 60 days. Insurance may be provided to the lessee as 1032 an additional insured on a policy issued to the licensee’s 1033 employer. 1034 3. The license may be issued only to the full-time salaried 1035 employee of a licensed general lines agent or to a business 1036 entity that offers motor vehicles for rent or lease if insurance 1037 sales activities authorized by the license are in connection 1038 with and incidental to the rental or lease of a motor vehicle. 1039 a. A license issued to a business entity that offers motor 1040 vehicles for rent or lease encompassesshall encompasseach 1041 office, branch office, or place of business making use of the 1042 entity’s business name in order to offer, solicit, and sell 1043 insurance pursuant to this paragraph. 1044 b. The application for licensure must list the name, 1045 address, and phone number for each office, branch office, or 1046 place of business that is to be covered by the license. The 1047 licensee shall notify the department of the name, address, and 1048 phone number of any new location that is to be covered by the 1049 license before the new office, branch office, or place of 1050 business engages in the sale of insurance pursuant to this 1051 paragraph. The licensee mustshallnotify the department within 1052 30 days after closing or terminating an office, branch office, 1053 or place of business. Upon receipt of the notice, the department 1054 shall delete the office, branch office, or place of business 1055 from the license. 1056 c. A licensed and appointed entity is directly responsible 1057 and accountable for all acts of the licensee’s employees. 1058 (e) Creditlife or disabilityinsurance.—License covering 1059onlycredit life, creditordisabilityinsurance, credit 1060 property, credit unemployment, involuntary unemployment, 1061 mortgage life, mortgage guaranty, mortgage disability, 1062 guaranteed automobile protection (GAP) insurance, and any other 1063 form of insurance offered in connection with an extension of 1064 credit which is limited to partially or wholly extinguishing a 1065 credit obligation that the department determines should be 1066 designated a form of limited line credit insurance. Effective 1067 October 1, 2012, all valid licenses held by persons for any of 1068 the lines of insurance listed in this paragraph shall be 1069 converted to a credit insurance license. Licensees who wish to 1070 obtain a new license reflecting such change must request a 1071 duplicate license and pay a $5 fee as specified in s. 1072 624.501(15).The license may be issued only to an individual1073employed by a life or health insurer as an officer or other1074salaried or commissioned representative, to an individual1075employed by or associated with a lending or financial1076institution or creditor, or to a lending or financial1077institution or creditor, and may authorize the sale of such1078insurance only with respect to borrowers or debtors of such1079lending or financing institution or creditor. However, only the1080individual or entity whose tax identification number is used in1081receiving or is credited with receiving the commission from the1082sale of such insurance shall be the licensed agent of the1083insurer. No individual while so licensed shall hold a license as1084an agent as to any other or additional kind or class of life or1085health insurance coverage. An entity holding a limited license1086under this paragraph is also authorized to sell credit insurance1087and credit property insurance.1088(f)Credit insurance.—License covering only credit1089insurance, as such insurance is defined in s.624.605(1)(i), and1090no individual or entity so licensed shall, during the same1091period, hold a license as an agent as to any other or additional1092kind of life or health insurance with the exception of credit1093life or disability insurance as defined in paragraph (e). The1094same licensing provisions as outlined in paragraph (e) apply to1095entities licensed as credit insurance agents under this1096paragraph.1097(g)Credit property insurance.—A license covering only1098credit property insurance may be issued to any individual except1099an individual employed by or associated with a financial1100institution as defined in s.655.005and authorized to sell such1101insurance only with respect to a borrower or debtor, not to1102exceed the amount of the loan.1103 (f)(h)Crop hail and multiple-peril crop insurance.—License 1104 for insurance covering crops subject to unfavorable weather 1105 conditions, fire or lightening, flood, hail, insect infestation, 1106 disease, or other yield-reducing conditions or perils which is 1107 provided by the private insurance market, or which is subsidized 1108 by the Federal Group Insurance Corporation including multi-peril 1109 crop insuranceonly crop hail and multiple-peril crop insurance. 1110 Notwithstanding any other provision of law, the limited license 1111 may be issued to a bona fide salaried employee of an association 1112 chartered under the Farm Credit Act of 1971, 12 U.S.C. ss. 2001 1113 et seq., who satisfactorily completes the examination prescribed 1114 by the department pursuant to s. 626.241(5). Thelimitedagent 1115 must be appointed by, and his or her limited license requested 1116 by, a licensed general lines agent. All business transacted by 1117 thelimitedagent must be onshall be inbehalf of, in the name 1118 of, and countersigned by the agent by whom he or she is 1119 appointed. Sections 626.561 and 626.748, relating to records, 1120 apply to all business written pursuant to this section. The 1121limitedlicensee may be appointed by and licensed for only one 1122 general lines agent or agency. 1123 (g)(i)In-transit and storage personal property insurance;1124communications equipment property insurance, communications1125equipment inland marine insurance, and communications equipment1126service warranty agreement sales.— 11271.ALicense for insurance covering onlythe insurance of1128 personal property not held for resale, covering the risks of 1129 transportation or storage in rented or leased motor vehicles, 1130 trailers, or self-service storage facilities,asthe latter are1131 defined in s. 83.803. Such license,may be issued, without 1132 examination, only to employees or authorized representatives of 1133 lessors who rent or lease motor vehicles, trailers, or self 1134 service storage facilities and who are authorized by an insurer 1135 to issue certificates or other evidences of insurance to lessees 1136 of such motor vehicles, trailers, or self-service storage 1137 facilities under an insurance policy issued to the lessor. A 1138 person licensed under this paragraph mustshallgive a 1139 prospective purchaser of in-transit or storage personal property 1140 insurance written notice that his or her homeowner’s policy may 1141 provide coverage for the loss of personal property and that the 1142 purchase of such insurance is not required under the lease 1143 terms. 11442. A license covering only communications equipment, for1145the loss, theft, mechanical failure, malfunction of or damage1146to, communications equipment. The license may be issued only to:1147a. Employees or authorized representatives of a licensed1148general lines agent;1149b. The lead business location of a retail vendor of1150communications equipment and its branch locations; or1151c. Employees, agents, or authorized representatives of a1152retail vendor of communications equipment.1153 1154The license authorizes the sale of such policies, or1155certificates under a group master policy, only with respect to1156the sale of, or provision of communications service for,1157communications equipment. A general lines agent is not required1158to obtain a license under this subparagraph to offer or sell1159communications equipment property insurance or communication1160equipment inland marine insurance. The license also authorizes1161sales of service warranty agreements covering only1162communications equipment to the same extent as if licensed under1163s.634.419or s.634.420. The provisions of this chapter1164requiring submission of fingerprints do not apply to1165communications equipment licenses issued to qualified entities1166under this subparagraph. Licensees offering policies under this1167subparagraph must receive initial training from, and have a1168contractual relationship with, a general lines agent. For the1169purposes of this subparagraph, the term “communications1170equipment” means handsets, pagers, personal digital assistants,1171portable computers, automatic answering devices, and other1172devices or accessories used to originate or receive1173communications signals or service, and includes services related1174to the use of such devices, such as consumer access to a1175wireless network; however, the term does not include1176telecommunications switching equipment, transmission wires, cell1177site transceiver equipment, or other equipment and systems used1178by telecommunications companies to provide telecommunications1179service to consumers. A branch location of a retail vendor of1180communications equipment licensed pursuant to paragraph (2)(b)1181may, in lieu of obtaining an appointment from an insurer or1182warranty association as provided in paragraph (2)(c), obtain a1183single appointment from the associated lead business location1184licensee licensed under paragraph (2)(a) and pay the prescribed1185appointment fee under s.624.501provided the lead business1186location has a single appointment from each insurer or warranty1187association represented and such appointment provides that it1188applies to the lead business location and all of its branch1189locations. Any branch location individually appointed by an1190insurer under paragraph (2)(c) prior to January 1, 2006, may1191replace its appointments with an appointment from its lead1192location at no charge. Branch location appointments shall be1193renewed on the first annual anniversary of licensure of the lead1194business location occurring more than 24 months after the1195initial appointment date and every 24 months thereafter.1196Notwithstanding s.624.501, after July 1, 2006, the renewal fee1197applicable to such branch location appointments shall be $30 per1198appointment.1199 (h) Portable electronics insurance.—License for property 1200 insurance or inland marine insurance that covers only loss, 1201 theft, mechanical failure, malfunction, or damage for portable 1202 electronics. 1203 1. The license may be issued only to: 1204 a. Employees or authorized representatives of a licensed 1205 general lines agent; or 1206 b. The lead business location of a retail vendor that sells 1207 portable electronics insurance. The lead business location must 1208 have a contractual relationship with a general lines agent. 1209 2. Employees or authorized representatives of a licensee 1210 under subparagraph 1. may sell or offer for sale portable 1211 electronics coverage without being subject to licensure as an 1212 insurance agent if: 1213 a. Such insurance is sold or offered for sale at a licensed 1214 location or at one of the licensee’s branch locations if the 1215 branch location is appointed by the licensed lead business 1216 location or its appointing insurers; 1217 b. The insurer issuing the insurance directly supervises or 1218 appoints a general lines agent to supervise the sale of such 1219 insurance, including the development of a training program for 1220 the employees and authorized representatives of vendors that are 1221 directly engaged in the activity of selling or offering the 1222 insurance; and 1223 c. At each location where the insurance is offered, 1224 brochures or other written materials that provide the 1225 information required by this subparagraph are made available to 1226 all prospective customers. The brochures or written materials 1227 may include information regarding portable electronics 1228 insurance, service warranty agreements, or other incidental 1229 services or benefits offered by a licensee. 1230 3. Individuals not licensed to sell portable electronics 1231 insurance may not be paid commissions based on the sale of such 1232 coverage. However, a licensee who uses a compensation plan for 1233 employees and authorized representatives which includes 1234 supplemental compensation for the sale of noninsurance products, 1235 in addition to a regular salary or hourly wages, may include 1236 incidental compensation for the sale of portable electronics 1237 insurance as a component of the overall compensation plan. 1238 4. Brochures or other written materials related to portable 1239 electronics insurance must: 1240 a. Disclose that such insurance may duplicate coverage 1241 already provided by a customer’s homeowners’ insurance policy, 1242 renters’ insurance policy, or other source of coverage; 1243 b. State that enrollment in insurance coverage is not 1244 required in order to purchase or lease portable electronics or 1245 services; 1246 c. Summarize the material terms of the insurance coverage, 1247 including the identity of the insurer, the identity of the 1248 supervising entity, the amount of any applicable deductible and 1249 how it is to be paid, the benefits of coverage, and key terms 1250 and conditions of coverage, such as whether portable electronics 1251 may be repaired or replaced with similar make and model 1252 reconditioned or nonoriginal manufacturer parts or equipment; 1253 d. Summarize the process for filing a claim, including a 1254 description of how to return portable electronics and the 1255 maximum fee applicable if the customer fails to comply with 1256 equipment return requirements; and 1257 e. State that an enrolled customer may cancel coverage at 1258 any time and that the person paying the premium will receive a 1259 refund of any unearned premium. 1260 5. A licensed and appointed general lines agent is not 1261 required to obtain a portable electronics insurance license to 1262 offer or sell portable electronics insurance at locations 1263 already licensed as an insurance agency, but may apply for a 1264 portable electronics insurance license for branch locations not 1265 otherwise licensed to sell insurance. 1266 6. A portable electronics license authorizes the sale of 1267 individual policies or certificates under a group or master 1268 insurance policy. The license also authorizes the sale of 1269 service warranty agreements covering only portable electronics 1270 to the same extent as if licensed under s. 634.419 or s. 1271 634.420. 1272 7. A licensee may bill and collect the premium for the 1273 purchase of portable electronics insurance provided that: 1274 a. If the insurance is included with the purchase or lease 1275 of portable electronics or related services, the licensee 1276 clearly and conspicuously discloses that insurance coverage is 1277 included with the purchase. Disclosure of the dollar amount of 1278 the premium for the insurance must be made on the customer’s 1279 bill and in any marketing materials made available at the point 1280 of sale. If the insurance is not included, the charge to the 1281 customer for the insurance must be separately itemized on the 1282 customer’s bill. 1283 b. Premiums are incidental to other fees collected, are 1284 maintained in a manner that is readily identifiable, and are 1285 accounted for and remitted to the insurer or supervising entity 1286 within 60 days of receipt. Licensees are not required to 1287 maintain such funds in a segregated account. 1288 c. All funds received by a licensee from an enrolled 1289 customer for the sale of the insurance are considered funds held 1290 in trust by the licensee in a fiduciary capacity for the benefit 1291 of the insurer. Licensees may receive compensation for billing 1292 and collection services. 1293 8. Notwithstanding any other provision of law, the terms 1294 for the termination or modification of coverage under a policy 1295 of portable electronics insurance are those set forth in the 1296 policy. 1297 9. Notice or correspondence required by the policy, or 1298 otherwise required by law, may be provided by electronic means 1299 if the insurer or licensee maintains proof that the notice or 1300 correspondence was sent. Such notice or correspondence may be 1301 sent on behalf of the insurer or licensee by the general lines 1302 agent appointed by the insurer to supervise the administration 1303 of the program. For purposes of this subparagraph, an enrolled 1304 customer’s provision of an electronic mail address to the 1305 insurer or licensee is deemed to be consent to receive notices 1306 and correspondence by electronic means if a conspicuously 1307 located disclosure is provided to the customer indicating the 1308 same. 1309 10. The provisions of this chapter requiring submission of 1310 fingerprints do not apply to licenses issued to qualified 1311 entities under this paragraph. 1312 11. A branch location that sells portable electronics 1313 insurance may, in lieu of obtaining an appointment from an 1314 insurer or warranty association, obtain a single appointment 1315 from the associated lead business location licensee and pay the 1316 prescribed appointment fee under s. 624.501 if the lead business 1317 location has a single appointment from each insurer or warranty 1318 association represented and such appointment applies to the lead 1319 business location and all of its branch locations. Branch 1320 location appointments shall be renewed on the first annual 1321 anniversary of licensure of the lead business location occurring 1322 more than 24 months after the initial appointment date and every 1323 24 months thereafter. Notwithstanding s. 624.501, the renewal 1324 fee applicable to such branch location appointments is $30 per 1325 appointment. 1326 12. For purposes of this paragraph: 1327 a. “Branch location” means any physical location in this 1328 state at which a licensee offers its products or services for 1329 sale. 1330 b. “Portable electronics” means personal, self-contained, 1331 easily carried by an individual, battery-operated electronic 1332 communication, viewing, listening, recording, gaming, computing 1333 or global positioning devices, including cell or satellite 1334 phones, pagers, personal global positioning satellite units, 1335 portable computers, portable audio listening, video viewing or 1336 recording devices, digital cameras, video camcorders, portable 1337 gaming systems, docking stations, automatic answering devices, 1338 and other similar devices and their accessories, and service 1339 related to the use of such devices. 1340 c. “Portable electronics transaction” means the sale or 1341 lease of portable electronics or a related service, including 1342 portable electronics insurance. 1343 (4) Except as otherwise expressly provided, a person 1344 applying for or holding a limited license isshall besubject to 1345 the same applicable requirements and responsibilities thatas1346 apply to general lines agents in general,if licensed as to 1347 motor vehicle physical damage and mechanical breakdown 1348 insurance,credit property insurance,industrial fire insurance 1349 or burglary insurance, motor vehicle rental insurance, credit 1350 insurance, crop hail and multiple-peril crop insurance, in 1351 transit and storage personal property insurance, or portable 1352 electronics insurancecommunications equipment property1353insurance or communications equipment inland marine insurance,1354baggage and motor vehicle excess liability insurance, or credit1355insurance; or as apply to life agents or health agents in 1356 general, as applicablethe case may be, if licensed as to travel 1357personal accident insurance or credit life or credit disability1358 insurance. 1359 Section 17. Section 626.342, Florida Statutes, is amended 1360 to read: 1361 626.342 Furnishing supplies to unlicensedlife, health, or1362general linesagent prohibited; civil liability.— 1363 (1) An insurer, a managing general agent, an insurance 1364 agency, or an agent, directly or through aanyrepresentative, 1365 may not furnish to ananyagent any blank forms, applications, 1366 stationery, or other supplies to be used in soliciting, 1367 negotiating, or effecting contracts of insurance on its behalf 1368 unless such blank forms, applications, stationery, or other 1369 supplies relate to a class of business forwith respect towhich 1370 the agent is licensed and appointed, whether for that insurer or 1371 another insurer. 1372 (2) AnAnyinsurer, general agent, insurance agency, or 1373 agent who furnishes any of the supplies specified in subsection 1374 (1) to ananyagent or prospective agent not appointed to 1375 represent the insurer and who accepts from or writes any 1376 insurance business for such agent or agency is subject to civil 1377 liability to ananyinsured of such insurer to the same extent 1378 andin the samemanner as if such agent or prospective agent had 1379 been appointed or authorized by the insurer or such agent to act 1380 oninits or his or her behalf. The provisions of this 1381 subsection do not apply to insurance risk apportionment plans 1382 under s. 627.351. 1383 (3) This section does not apply to the placing of surplus 1384 lines business under the provisions of ss. 626.913-626.937. 1385 Section 18. Subsection (1) of section 626.381, Florida 1386 Statutes, is amended to read: 1387 626.381 Renewal, continuation, reinstatement, or 1388 termination of appointment.— 1389 (1) The appointment of an appointee continuesshall1390continuein force until suspended, revoked, or otherwise 1391 terminated, but is subject to a renewal request filed by the 1392 appointing entity in the appointee’s birth month as to natural 1393 persons or the month the original appointment was issuedlicense1394dateas to entities and every 24 months thereafter, accompanied 1395 by payment of the renewal appointment fee and taxes as 1396 prescribed in s. 624.501. 1397 Section 19. Section 626.536, Florida Statutes, is amended 1398 to read: 1399 626.536 Reporting of administrative actions.—Each agent and1400insurance agency shall submit to the department,Within 30 days 1401 after the final disposition of ananyadministrative action 1402 taken against a licenseethe agentor insurance agency by a 1403 governmental agency or other regulatory agency in this or any 1404 other state or jurisdiction relating to the business of 1405 insurance, the sale of securities, or activity involving fraud, 1406 dishonesty, trustworthiness, or breach of a fiduciary duty, the 1407 licensee or insurance agency must submit a copy of the order, 1408 consent to order, or other relevant legal documents to the 1409 department. The department may adopt rules to administer 1410implementing the provisions ofthis section. 1411 Section 20. Section 626.551, Florida Statutes, is amended 1412 to read: 1413 626.551 Notice of change of address, name.—AEverylicensee 1414 mustshallnotify the department, in writing, within 3060days 1415 after a change of name, residence address, principal business 1416 street address, mailing address, contact telephone numbers, 1417 including a business telephone number, or e-mail address. A 1418 licenseelicensed agentwho has moved his or her residence from 1419 this state shall have his or her license and all appointments 1420 immediately terminated by the department. Failure to notify the 1421 department within the required timeperiodshall result in a 1422 fine not to exceed $250 for the first offense and, for1423subsequent offenses,a fine of at least $500 or suspension or 1424 revocation of the license pursuant to s. 626.611, s. 626.6115, 1425ors. 626.621, or s. 626.6215 for a subsequent offense. The 1426 department may adopt rules to administer and enforce this 1427 section. 1428 Section 21. Subsection (14) is added to section 626.621, 1429 Florida Statutes, to read: 1430 626.621 Grounds for discretionary refusal, suspension, or 1431 revocation of agent’s, adjuster’s, customer representative’s, 1432 service representative’s, or managing general agent’s license or 1433 appointment.—The department may, in its discretion, deny an 1434 application for, suspend, revoke, or refuse to renew or continue 1435 the license or appointment of any applicant, agent, adjuster, 1436 customer representative, service representative, or managing 1437 general agent, and it may suspend or revoke the eligibility to 1438 hold a license or appointment of any such person, if it finds 1439 that as to the applicant, licensee, or appointee any one or more 1440 of the following applicable grounds exist under circumstances 1441 for which such denial, suspension, revocation, or refusal is not 1442 mandatory under s. 626.611: 1443 (14) Failure to comply with any civil, criminal, or 1444 administrative action taken by the child support enforcement 1445 program under Title IV-D of the Social Security Act, 42 U.S.C. 1446 ss. 651 et seq., to determine paternity or to establish, modify, 1447 enforce, or collect support. 1448 Section 22. Subsection (4) of section 626.641, Florida 1449 Statutes, is amended to read: 1450 626.641 Duration of suspension or revocation.— 1451 (4) During the period of suspension or revocation of athe1452 license or appointment, and until the license is reinstated or, 1453 if revoked, a new license issued, the former licensee or 1454 appointee mayshallnot engage in or attempt or profess to 1455 engage in any transaction or business for which a license or 1456 appointment is required under this code or directly or 1457 indirectly own, control, or be employed in any manner by anany1458insuranceagent,oragency,oradjuster, or adjusting firm. 1459 Section 23. Subsection (1) of section 626.651, Florida 1460 Statutes, is amended to read: 1461 626.651 Effect of suspension, revocation upon associated 1462 licenses and appointments and licensees and appointees.— 1463 (1) Upon suspension, revocation, or refusal to renew or 1464 continue any one license of an insuranceagent or customer1465 representative, or upon suspension or revocation of eligibility 1466 to hold a license or appointment, the department shall at the 1467 same time likewise suspend or revoke all other licenses, 1468 appointments, or status of eligibility held by the licensee or 1469 appointee under this code. 1470 Section 24. Subsection (4) of section 626.730, Florida 1471 Statutes, is amended to read: 1472 626.730 Purpose of license.— 1473 (4) This section does not prohibitthelicensing, under a 1474 limited license for credit insurance, a person who isas to1475motor vehicle physical damage and mechanical breakdown insurance1476or credit property insurance of any personemployed by or 1477 associated with a motor vehicle sales or financing agency, a 1478 retail sales establishment, or a consumer loan office, for the 1479 purpose of insuringother than a consumer loan office owned by1480or affiliated with a financial institution as defined in s.1481655.005,with respect to insurance ofthe interest of such 1482 agency, establishment, or office in a motor vehicle sold or 1483 financed by it or in personal property if used as collateral for 1484 a loan. 1485 (5) This section does not applywith respectto the 1486 interest of a real estate mortgagee in or as to insurance 1487 covering such interest or in the real estate subject to such 1488 mortgage. 1489 Section 25. Section 626.732, Florida Statutes, is amended 1490 to read: 1491 626.732 Requirement as to knowledge, experience, or 1492 instruction.— 1493 (1) Except as provided in subsection (4)(3), anno1494 applicant for a license as a general lines agentor personal1495lines agent, except for a chartered property and casualty 1496 underwriter (CPCU), may notother than as to a limited license1497as to baggage and motor vehicle excess liability insurance,1498credit property insurance, credit insurance, in-transit and1499storage personal property insurance, or communications equipment1500property insurance or communication equipment inland marine1501insurance, shallbe qualified or licensed unless, within the 4 1502 years immediately preceding the date the application for license 1503 is filed with the department, the applicant has: 1504 (a) Taught or successfully completed classroom courses in 1505 insurance, 3 hours of which mustshallbe on the subject matter 1506 of ethics,satisfactory to the departmentat a school, college, 1507 or extension division thereof, approved by the department. To1508qualify for licensure as a personal lines agent, the applicant1509must complete a total of 52 hours of classroom courses in1510insurance; 1511 (b) Completed a correspondence course in insurance, 3 hours 1512 of which mustshallbe on the subject matter of ethics, 1513 satisfactory to the department and regularly offered by 1514 accredited institutions of higher learning in this state, and 1515 have,except if he or she is applying for a limited license1516under s.626.321, for licensure as a general lines agent, has1517hadat least 6 months of responsible insurance duties as a 1518 substantially full-time bona fide employee in all lines of 1519 property and casualty insurance set forth in the definition of 1520 general lines agent under s. 626.015or, for licensure as a1521personal lines agent, has completed at least 3 months in1522responsible insurance duties as a substantially full-time1523employee in property and casualty insurance sold to individuals1524and families for noncommercial purposes; 1525 (c)For licensure as a general lines agent,Completed at 1526 least 1 year in responsible insurance duties as a substantially 1527 full-time bona fide employee in all lines of property and 1528 casualty insurance, exclusive of aviation and wet marine and1529transportation insurances but not exclusive of boats of less1530than 36 feet in length or aircraft not held out for hire,as set 1531 forth in the definition of a general lines agent under s. 1532 626.015, but without the education requirement described 1533mentionedin paragraph (a) or paragraph (b)or, for licensure as1534a personal lines agent, has completed at least 6 months in1535responsible insurance duties as a substantially full-time1536employee in property and casualty insurance sold to individuals1537and families for noncommercial purposes without the education1538requirement in paragraph (a) or paragraph (b); 1539 (d)1.For licensure as a general lines agent,Completed at 1540 least 1 year of responsible insurance duties as a licensed and 1541 appointed customer representative or limited customer 1542 representative in commercial or personal lines of property and 1543 casualty insurance and 40 hours of classroom courses approved by 1544 the department covering the areas of property, casualty, surety, 1545 health, and marine insurance; or 15462. For licensure as a personal lines agent, completed at1547least 6 months of responsible duties as a licensed and appointed1548customer representative or limited customer representative in1549property and casualty insurance sold to individuals and families1550for noncommercial purposes and 20 hours of classroom courses1551approved by the department which are related to property and1552casualty insurance sold to individuals and families for1553noncommercial purposes;1554 (e)1.For licensure as a general lines agent,Completed at 1555 least 1 year of responsible insurance duties as a licensed and 1556 appointed service representative ineithercommercial or 1557 personal lines of property and casualty insurance and 80 hours 1558 of classroom courses approved by the department covering the 1559 areas of property, casualty, surety, health, and marine 1560 insurance.; or15612. For licensure as a personal lines agent, completed at1562least 6 months of responsible insurance duties as a licensed and1563appointed service representative in property and casualty1564insurance sold to individuals and families for noncommercial1565purposes and 40 hours of classroom courses approved by the1566department related to property and casualty insurance sold to1567individuals and families for noncommercial purposes; or1568 (2) Except as provided under subsection (4), an applicant 1569 for a license as a personal lines agent, except for a chartered 1570 property and casualty underwriter (CPCU), may not be qualified 1571 or licensed unless, within the 4 years immediately preceding the 1572 date the application for license is filed with the department, 1573 the applicant has: 1574 (a) Taught or successfully completed classroom courses in 1575 insurance, 3 hours of which must be on the subject matter of 1576 ethics, at a school, college, or extension division thereof, 1577 approved by the department. To qualify for licensure, the 1578 applicant must complete a total of 52 hours of classroom courses 1579 in insurance; 1580 (b) Completed a correspondence course in insurance, 3 hours 1581 of which must be on the subject matter of ethics, satisfactory 1582 to the department and regularly offered by accredited 1583 institutions of higher learning in this state, and completed at 1584 least 3 months of responsible insurance duties as a 1585 substantially full-time employee in the area of property and 1586 casualty insurance sold to individuals and families for 1587 noncommercial purposes; 1588 (c) Completed at least 6 months of responsible insurance 1589 duties as a substantially full-time employee in the area of 1590 property and casualty insurance sold to individuals and families 1591 for noncommercial purposes, but without the education 1592 requirement described in paragraph (a) or paragraph (b); 1593 (d) Completed at least 6 months of responsible duties as a 1594 licensed and appointed customer representative or limited 1595 customer representative in property and casualty insurance sold 1596 to individuals and families for noncommercial purposes and 20 1597 hours of classroom courses approved by the department which are 1598 related to property and casualty insurance sold to individuals 1599 and families for noncommercial purposes; 1600 (e) Completed at least 6 months of responsible insurance 1601 duties as a licensed and appointed service representative in 1602 property and casualty insurance sold to individuals and families 1603 for noncommercial purposes and 40 hours of classroom courses 1604 approved by the department related to property and casualty 1605 insurance sold to individuals and families for noncommercial 1606 purposes; or 1607 (f)For licensure as a personal lines agent,Completed at 1608 least 3 years of responsible duties as a licensed and appointed 1609 customer representative in property and casualty insurance sold 1610 to individuals and families for noncommercial purposes. 1611 (3)(2)IfWherean applicant’s qualifications as required 1612 under subsection (1) or subsection (2)in paragraph (1)(b)or1613paragraph (1)(c)are based in part upontheperiods of 1614 employment inatresponsible insurance dutiesprescribed1615therein, the applicant shall submit with the license application 1616for license, on a form prescribed by the department, anthe1617 affidavit of his or her employer setting forth the period of 1618 such employment, that the employmentsamewas substantially 1619 full-time, and giving a brief abstract of the nature of the 1620 duties performed by the applicant. 1621 (4)(3)An individual who was or became qualified to sit for 1622 an agent’s, customer representative’s, or adjuster’s examination 1623 at or during the time he or she was employed by the department 1624 or office and who, while so employed, was employed in 1625 responsible insurance duties as a full-time bona fide employee 1626 mayshall be permitted totake an examination if application for 1627 such examination is made within 90 days after the date of 1628 termination ofhis or heremployment with the department or 1629 office. 1630 (5)(4)Classroom and correspondence courses under 1631 subsections (1) and (2)subsection (1)must include instruction 1632 on the subject matter of unauthorized entities engaging in the 1633 business of insurance. The scope of the topic of unauthorized 1634 entities mustshallinclude the Florida Nonprofit Multiple 1635 Employer Welfare Arrangement Act and the Employee Retirement 1636 Income Security Act, 29 U.S.C. ss. 1001 et seq., as it relates 1637 to the provision of health insurance by employers and the 1638 regulation thereof. 1639 (6) This section does not apply to an individual holding 1640 only a limited license for travel insurance, motor vehicle 1641 rental insurance, credit insurance, in-transit and storage 1642 personal property insurance, or portable electronics insurance. 1643 Section 26. Section 626.8411, Florida Statutes, is amended 1644 to read: 1645 626.8411 Application of Florida Insurance Code provisions 1646 to title insurance agents or agencies.— 1647 (1) The following provisions of part II, asapplicable to 1648 general lines agents or agencies,also apply to title insurance 1649 agents or agencies: 1650 (a) Section 626.734, relating to liability of certain 1651 agents. 1652(b) Section626.175, relating to temporary licenses.1653 (b)(c)Section 626.747, relating to branch agencies. 1654 (c) Section 626.749, relating to place of business in 1655 residence. 1656 (d) Section 626.753, relating to sharing of commissions. 1657 (e) Section 626.754, relating to rights of agent following 1658 termination of appointment. 1659 (2) The following provisions of part I do not apply to 1660 title insurance agents or title insurance agencies: 1661 (a) Section 626.112(7), relating to licensing of insurance 1662 agencies. 1663 (b) Section 626.231, relating to eligibility for 1664 examination. 1665 (c) Section 626.572, relating to rebating, when allowed. 1666 (d) Section 626.172, relating to agent in full-time charge. 1667 Section 27. Section 626.8418, Florida Statutes, is amended 1668 to read: 1669 626.8418 Application for title insurance agency license. 1670 BeforePrior todoing business in this state as a title 1671 insurance agency, thea title insuranceagency mustmeet all of1672the following requirements:1673(1) The applicant mustfile with the department an 1674 application for a license as a title insurance agency, on 1675printedforms furnished by the department, which includethat1676includesall of the following: 1677 (1)(a)The name of each majority owner, partner, officer, 1678 and director of the agency. 1679 (2)(b)The residence address of each person required to be 1680 listed under subsection (1)paragraph (a). 1681 (3)(c)The name of the agency and its principal business 1682 address. 1683 (4)(d)The location of each agency office and the name 1684 under which eachagencyoffice conducts or will conduct 1685 business. 1686 (5)(e)The name of each agent to be in full-time charge of 1687 an agency office and the identificationspecificationof such 1688whichoffice. 1689 (6)(f)Such additional information as the department 1690 requires by rule to ascertain the trustworthiness and competence 1691 of persons required to be listed on the application and to 1692 ascertain that such persons meet the requirements of this code. 1693(2) The applicant must have deposited with the department1694securities of the type eligible for deposit under s.625.52and1695having at all times a market value of not less than $35,000. In1696place of such deposit, the title insurance agency may post a1697surety bond of like amount payable to the department for the1698benefit of any appointing insurer damaged by a violation by the1699title insurance agency of its contract with the appointing1700insurer. If a properly documented claim is timely filed with the1701department by a damaged title insurer, the department may remit1702an appropriate amount of the deposit or the proceeds that are1703received from the surety in payment of the claim. The required1704deposit or bond must be made by the title insurance agency, and1705a title insurer may not provide the deposit or bond directly or1706indirectly on behalf of the title insurance agency. The deposit1707or bond must secure the performance by the title insurance1708agency of its duties and responsibilities under the issuing1709agency contracts with each title insurer for which it is1710appointed. The agency may exchange or substitute other1711securities of like quality and value for securities on deposit,1712may receive the interest and other income accruing on such1713securities, and may inspect the deposit at all reasonable times.1714Such deposit or bond must remain unimpaired as long as the title1715insurance agency continues in business in this state and until 11716year after termination of all title insurance agency1717appointments held by the title insurance agency. The title1718insurance agency is entitled to the return of the deposit or1719bond together with accrued interest after such year has passed,1720if no claim has been made against the deposit or bond. If a1721surety bond is unavailable generally, the department may adopt1722rules for alternative methods to comply with this subsection.1723With respect to such alternative methods for compliance, the1724department must be guided by the past business performance and1725good reputation and character of the proposed title insurance1726agency. A surety bond is deemed to be unavailable generally if1727the prevailing annual premium exceeds 25 percent of the1728principal amount of the bond.1729 Section 28. Section 626.8548, Florida Statutes, is created 1730 to read: 1731 626.8548 “All-lines adjuster” defined.—An “all-lines 1732 adjuster” is a person who is self-employed or employed by an 1733 insurer, a wholly owned subsidiary of an insurer, or an 1734 independent adjusting firm or other independent adjuster, and 1735 who undertakes on behalf of an insurer or other insurers under 1736 common control or ownership to ascertain and determine the 1737 amount of any claim, loss, or damage payable under an insurance 1738 contract or undertakes to effect settlement of such claim, loss, 1739 or damage. The term does not apply to life insurance or annuity 1740 contracts. 1741 Section 29. Section 626.855, Florida Statutes, is amended 1742 to read: 1743 626.855 “Independent adjuster” defined.—An “independent 1744 adjuster” means ais anyperson licensed as an all-lines 1745 adjuster who is self-appointedself-employedor appointed andis1746associated with oremployed by an independent adjusting firm or 1747 other independent adjuster, and who undertakes on behalf of an 1748 insurer to ascertain and determine the amount of any claim, 1749 loss, or damage payable under an insurance contract or 1750 undertakes to effect settlement of such claim, loss, or damage. 1751 Section 30. Section 626.856, Florida Statutes, is amended 1752 to read: 1753 626.856 “Company employee adjuster” defined.—A “company 1754 employee adjuster” meansisa person licensed as an all-lines 1755 adjuster who is appointed and employed on an insurer’s staff of 1756 adjusters or a wholly owned subsidiary of the insurer, and who 1757 undertakes on behalf of such insurer or other insurers under 1758 common control or ownership to ascertain and determine the 1759 amount of any claim, loss, or damage payable under a contract of 1760 insurance, or undertakes to effect settlement of such claim, 1761 loss, or damage. 1762 Section 31. Section 626.858, Florida Statutes, is repealed. 1763 Section 32. Section 626.8584, Florida Statutes, is amended 1764 to read: 1765 626.8584 “Nonresident all-linesindependentadjuster” 1766 defined.—A “nonresident all-linesindependentadjuster” meansis1767 a person who: 1768 (1) Is not a resident of this state; 1769 (2) Isacurrently licensed as anindependentadjuster in 1770 his or her state of residence for all lines of insurance except 1771 life and annuitiesthe type or kinds of insurance for which the1772licensee intends to adjust claims in this stateor, if a 1773 resident of a state that does not license suchindependent1774 adjusters, meets the qualificationshas passed the department’s1775adjuster examination asprescribed in s. 626.8734(1)(b); and 1776 (3) Is licensed as an all-lines adjuster and self-appointed 1777 or appointed anda self-employed independent adjuster or1778associated with oremployed by an independent adjusting firm or 1779 other independent adjuster, by an insurer admitted to do 1780 business in this state or a wholly-owned subsidiary of an 1781 insurer admitted to do business in this state, or by other 1782 insurers under the common control or ownership of such insurer. 1783 Section 33. Section 626.863, Florida Statutes, is amended 1784 to read: 1785 626.863 Claims referrals toLicensedindependent adjusters 1786required; insurers’ responsibility.— 1787 (1) An insurer mayshallnot knowingly refer any claim or 1788 loss for adjustment in this state to any person purporting to be 1789 or acting as an independent adjuster unless the person is 1790 currently licensed as an all-lines adjuster and appointed as an 1791 independent adjuster under this code. 1792 (2) Before referring any claim or loss, the insurer shall 1793 ascertain from the department whether the proposed independent 1794 adjuster is currently licensed as an all-lines adjuster and 1795 appointed as an independent adjustersuch. Havingonce1796 ascertained that a particular person is so licensed and 1797 appointed, the insurer may assume that he or she will continue 1798 to be so licensed and appointed until the insurer has knowledge, 1799 or receives information from the department, to the contrary. 1800 (3) This section does not apply to catastrophe or emergency 1801 adjusters as providedforin this part. 1802 Section 34. Section 626.864, Florida Statutes, is amended 1803 to read: 1804 626.864 Adjuster license types.— 1805 (1) A qualified individual may be licensedand appointedas 1806either: 1807 (a) A public adjuster; or 1808 (b) An all-linesindependentadjuster; or1809(c) A company employee adjuster. 1810 (2) The same individual mayshallnot be concurrently 1811 licensedappointedas a public adjuster and an all-lines 1812 adjusterto more than one of the adjuster types referred to in1813subsection (1). 1814 (3) An all-lines adjuster may be appointed as an 1815 independent adjuster or company employee adjuster, but not both 1816 concurrently. 1817 Section 35. Paragraph (e) is added to subsection (1) of 1818 section 626.865, Florida Statutes, to read: 1819 626.865 Public adjuster’s qualifications, bond.— 1820 (1) The department shall issue a license to an applicant 1821 for a public adjuster’s license upon determining that the 1822 applicant has paid the applicable fees specified in s. 624.501 1823 and possesses the following qualifications: 1824 (e) Is licensed as a public adjuster apprentice under s. 1825 626.8651 and complies with the requirements of that license 1826 throughout the licensure period. 1827 Section 36. Section 626.866, Florida Statutes, is amended 1828 to read: 1829 626.866 All-lines adjusterIndependent adjuster’s1830 qualifications.—The department shall issuea license to an1831applicant foran all-lines adjusterindependent adjuster’s1832 license to an applicant upon determining that the applicable 1833 license fee specified in s. 624.501 has been paid and that the 1834 applicant possesses the following qualifications: 1835 (1) Is a natural person at least 18 years of age. 1836 (2) Is a United States citizen or legal alien who possesses 1837 work authorization from the United States Bureau of Citizenship 1838 and Immigration Services and a bona fide resident of this state. 1839 (3) Is trustworthy and has such business reputation as 1840 would reasonably assure that the applicant will conduct his or 1841 her business as insurance adjuster fairly and in good faith and 1842 without detriment to the public. 1843 (4) Has had sufficient experience, training, or instruction 1844 concerning the adjusting of damage or loss under insurance 1845 contracts, other than life and annuity contracts, is 1846 sufficiently informed as to the terms and the effects of the 1847 provisions of such types of contracts, and possesses adequate 1848 knowledge of the insurance laws of this state relating to such 1849 contracts as to enable and qualify him or her to engage in the 1850 business of insurance adjuster fairly and without injury to the 1851 public or any member thereof with whom he or she may have 1852 relations as an insurance adjuster and to adjust all claims in 1853 accordance with the policy or contract and the insurance laws of 1854 this state. 1855 (5) Has passed any required written examination or has met 1856 one of the exemptions prescribed under s. 626.221. 1857 Section 37. Section 626.867, Florida Statutes, is repealed. 1858 Section 38. Section 626.869, Florida Statutes, is amended 1859 to read: 1860 626.869 License, adjusters; continuing education.— 1861 (1) HavingAn applicant fora license as an all-lines 1862 adjuster qualifies the licensee to adjustmay qualify and his or1863her license when issued may cover adjusting in any one of the1864following classes of insurance:1865(a)all lines of insurance except life and annuities. 1866(b) Motor vehicle physical damage insurance.1867(c) Property and casualty insurance.1868(d) Workers’ compensation insurance.1869(e) Health insurance.1870 1871No examination on workers’ compensation insurance or health1872insurance shall be required for public adjusters.1873 (2) All individuals who on October 1, 1990, hold an 1874 adjuster’s license and appointment limited to fire and allied 1875 lines, including marine or casualty or boiler and machinery, may 1876 remain licensed and appointed under the limited license and may 1877 renew their appointment, but anolicense or appointment that 1878whichhas been terminated, not renewed, suspended, or revoked 1879 may notshallbe reinstated, andnonew or additional licenses 1880 or appointments may notshallbe issued. 1881 (3) All individuals who on October 1, 2012, hold an 1882 adjuster’s license and appointment limited to motor vehicle 1883 physical damage and mechanical breakdown, property and casualty, 1884 workers’ compensation, or health insurance may remain licensed 1885 and appointed under such limited license and may renew their 1886 appointment, but a license that has been terminated, suspended, 1887 or revoked may not be reinstated, and new or additional licenses 1888 may not be issued.The applicant’s application for license shall1889specify which of the foregoing classes of business the1890application for license is to cover.1891 (4)(a)AnAnyindividual holding a license as a public 1892 adjuster or an all-linesa company employeeadjuster must 1893 complete all continuing education requirements as specified in 1894 s. 626.2815.or independent adjuster for 24 consecutive months1895or longer must, beginning in his or her birth month and every 21896years thereafter, have completed 24 hours of courses, 2 hours of1897which relate to ethics, in subjects designed to inform the1898licensee regarding the current insurance laws of this state, so1899as to enable him or her to engage in business as an insurance1900adjuster fairly and without injury to the public and to adjust1901all claims in accordance with the policy or contract and the1902laws of this state.1903(b) Any individual holding a license as a public adjuster1904for 24 consecutive months or longer, beginning in his or her1905birth month and every 2 years thereafter, must have completed 241906hours of courses, 2 hours of which relate to ethics, in subjects1907designed to inform the licensee regarding the current laws of1908this state pertaining to all lines of insurance other than life1909and annuities, the current laws of this state pertaining to the1910duties and responsibilities of public adjusters as set forth in1911this part, and the current rules of the department applicable to1912public adjusters and standard or representative policy forms1913used by insurers, other than forms for life insurance and1914annuities, so as to enable him or her to engage in business as1915an adjuster fairly and without injury to the public and to1916adjust all claims in accordance with the policy or contract and1917laws of this state. In order to receive credit for continuing1918education courses, public adjusters must take courses that are1919specifically designed for public adjusters and approved by the1920department, provided, however, no continuing education course1921shall be required for public adjusters for workers’ compensation1922insurance or health insurance.1923(c) The department shall adopt rules necessary to implement1924and administer the continuing education requirements of this1925subsection. For good cause shown, the department may grant an1926extension of time during which the requirements imposed by this1927section may be completed, but such extension of time may not1928exceed 1 year.1929(d) A nonresident public adjuster must complete the1930continuing education requirements provided by this section;1931provided, a nonresident public adjuster may meet the1932requirements of this section if the continuing education1933requirements of the nonresident public adjuster’s home state are1934determined to be substantially comparable to the requirements of1935this state’s continuing education requirements and if the1936resident’s state recognizes reciprocity with this state’s1937continuing education requirements. A nonresident public adjuster1938whose home state does not have such continuing education1939requirements for adjusters, and who is not licensed as a1940nonresident adjuster in a state that has continuing education1941requirements and reciprocates with this state, must meet the1942continuing education requirements of this section.1943 (5) The regulation of continuing education for licensees, 1944 course providers, instructors, school officials, and monitor 1945 groups shall be as providedforin s. 626.2816. 1946 Section 39. Paragraph (c) of subsection (2) of section 1947 626.8697, Florida Statutes, is amended to read: 1948 626.8697 Grounds for refusal, suspension, or revocation of 1949 adjusting firm license.— 1950 (2) The department may, in its discretion, deny, suspend, 1951 revoke, or refuse to continue the license of any adjusting firm 1952 if it finds that any of the following applicable grounds exist 1953 with respect to the firm or any owner, partner, manager, 1954 director, officer, or other person who is otherwise involved in 1955 the operation of the firm: 1956 (c) Violation of ananyorder or rule of the department, 1957 office, or commission. 1958 Section 40. Subsections (1) and (5) of section 626.872, 1959 Florida Statutes, are amended to read: 1960 626.872 Temporary license.— 1961 (1) The department may, in its discretion,issue a 1962 temporary license as an all-linesindependentadjusteror as a1963company employee adjuster, subject to the following conditions: 1964 (a) The applicant must be an employee of an adjuster 1965 currently licensed by the department,an employee ofan 1966 authorized insurer, oran employee ofan established adjusting 1967 firm or corporation whowhichis supervised by a currently 1968 licensed all-linesindependentadjuster. 1969(b) The application must be accompanied by a certificate of1970employment and a report as to the applicant’s integrity and1971moral character on a form prescribed by the department and1972executed by the employer.1973 (b)(c)The applicant must be a natural person of at least 1974 18 years of age,must bea bona fide resident of this state, 1975must betrustworthy, andmusthave asuchbusiness reputation 1976 thataswould reasonably ensureassurethat the applicant will 1977 conduct his or her business as an adjuster fairly and in good 1978 faith and without detriment to the public. 1979 (c)(d)The applicant’s employer is responsible for the 1980 adjustment acts of the temporaryanylicenseeunder this1981section. 1982 (d)(e)The applicable license feespecifiedmust be paid 1983 before issuance of the temporary license. 1984 (e)(f)The temporary license isshall beeffective fora1985period of1 year, but is subject to earlier termination at the 1986 request of the employer,orif the licensee fails to take an 1987 examination as an all-linesindependentadjusteror company1988employee adjusterwithin 6 months after issuance of the 1989 temporary license, or if the temporary license is suspended or 1990 revoked by the department. 1991 (5) The department mayshallnot issue a temporary license 1992 as an all-linesindependentadjusteror as a company employee1993adjusterto ananyindividual who haseverheld suchalicense 1994 in this state. 1995 Section 41. Section 626.873, Florida Statutes, is repealed. 1996 Section 42. Section 626.8734, Florida Statutes, is amended 1997 to read: 1998 626.8734 Nonresident all-lines adjuster licenseindependent1999adjuster’squalifications.— 2000 (1) The department shall, upon application therefor,issue 2001 a license to an applicant for a nonresident all-lines adjuster 2002independent adjuster’slicense upon determining that the 2003 applicant has paid the applicable license fees required under s. 2004 624.501 and: 2005 (a) Is a natural person at least 18 years of age. 2006 (b) Has passed to the satisfaction of the department a 2007 written Florida all-lines adjusterindependent adjuster’s2008 examination of the scope prescribed in s. 626.241(6); however, 2009 the requirement for the examination does not apply toany of the2010following: 2011 1. An applicant who is licensed as an all-linesa resident2012independentadjuster in his or her home state ifof residence2013whenthat state has entered intorequires the passing of a2014written examination in order to obtain the license anda 2015 reciprocal agreement with theappropriate official of that state2016has been entered into by thedepartment; or 2017 2. An applicant who is licensed as a nonresident all-lines 2018independentadjuster in a state other than his or her home state 2019of residence when the state of licensure requires the passing of2020a written examination in order to obtain the licenseand a 2021 reciprocal agreement with the appropriate official of the state 2022 of licensure has been entered into withbythe department. 2023 (c) Is licensed as an all-lines adjuster and is self 2024 appointed or appointed and employed by an independent adjusting 2025 firm or other independent adjuster, or is an employee of an 2026 insurer admitted to do business in this state or other insurers 2027 under the common control or ownership of such insurerself2028employed or associated with or employed by an independent2029adjusting firm or other independent adjuster. Applicants 2030 licensed as nonresident all-linesindependentadjusters under 2031 this section must be appointed as an independent adjuster or 2032 company employee adjustersuchin accordance withthe provisions2033ofss. 626.112 and 626.451. Appointment fees asin the amount2034 specified in s. 624.501 must be paid to the department in 2035 advance. The appointment of a nonresident independent adjuster 2036 continuesshall continuein force until suspended, revoked, or 2037 otherwise terminated, but is subject to biennial renewal or 2038 continuation by the licensee in accordance withprocedures2039prescribed ins. 626.381 for licensees in general. 2040 (d) Is trustworthy and has such business reputation as 2041 would reasonably ensureassurethat he or she will conduct his 2042 or her business as a nonresident all-linesindependentadjuster 2043 fairly and in good faith and without detriment to the public. 2044 (e) Has had sufficient experience, training, or instruction 2045 concerning the adjusting of damages or losses under insurance 2046 contracts, other than life and annuity contracts; is 2047 sufficiently informed as to the terms and effects ofthe2048provisions ofthose types of insurance contracts; and possesses 2049 adequate knowledge of the laws of this state relating to such 2050 contracts as to enable and qualify him or her to engage in the 2051 business of insurance adjuster fairly and without injury to the 2052 public or any member thereof with whom he or she may have 2053 business as an all-linesindependentadjuster. 2054 (2) The applicant mustshallfurnish the following with his 2055 or her application: 2056 (a) A complete set of his or her fingerprints. The 2057 applicant’s fingerprints must be certified by an authorized law 2058 enforcement officer. 2059 (b) If currently licensed as an all-linesa resident2060independentadjuster in the applicant’s home stateof residence, 2061 a certificate or letter of authorization from the licensing 2062 authority of the applicant’s home stateof residence,stating 2063 that the applicant holds a current license to act as an all 2064 linesindependentadjuster. TheSuchcertificate or letter of 2065 authorization must be signed by the insurance commissioner, or 2066 his or her deputy or the appropriate licensing official, and 2067 must disclose whether the adjuster has ever had aanylicense or 2068 eligibility to hold any license declined, denied, suspended, 2069 revoked, or placed on probation or whether an administrative 2070 fine or penalty has been levied against the adjuster and, if so, 2071 the reason for the action. Such certificate or letter is not 2072 required if the nonresident applicant’s licensing status can be 2073 verified through the Producer Database maintained by the 2074 National Association of Insurance Commissioners, its affiliates, 2075 or subsidiaries. 2076 (c) If the applicant’s home stateof residencedoes not 2077 require licensure as an all-linesindependentadjuster and the 2078 applicant has been licensed as a resident insurance adjuster, 2079 agent, broker, or other insurance representative in his or her 2080 home stateof residenceor any other state within the past 3 2081 years, a certificate or letter of authorization from the 2082 licensing authority stating that the applicant holds or has held 2083 a license to act as an insurance adjuster, agent, or other 2084 insurance representative. The certificate or letter of 2085 authorization must be signed by the insurance commissioner, or 2086 his or her deputy or the appropriate licensing official, and 2087 must disclose whether the adjuster, agent, or other insurance 2088 representative has ever had aanylicense or eligibility to hold 2089 any license declined, denied, suspended, revoked, or placed on 2090 probation or whether an administrative fine or penalty has been 2091 levied against the adjuster and, if so, the reason for the 2092 action. Such certificate or letter is not required if the 2093 nonresident applicant’s licensing status can be verified through 2094 the Producer Database maintained by the National Association of 2095 Insurance Commissioners, its affiliates, or subsidiaries. 2096 (3) The usual and customary records pertaining to 2097 transactions under the license of a nonresident all-lines 2098independentadjuster must be retained for at least 3 years after 2099 completion of the adjustment andmustbe made available in this 2100 state to the department upon request. The failure of a 2101 nonresident all-linesindependentadjuster to properly maintain 2102 records and make them available to the department upon request 2103 constitutes grounds for the immediate suspension of the license 2104 issued under this section. 2105 (4)After licensure as a nonresident independent adjuster,2106 As a condition of doing business in this state as a nonresident 2107 independent adjuster, the appointee mustlicensee must annually2108on or before January 1, on a form prescribed by the department,2109 submit an affidavit to the department certifying that the 2110 licensee is familiar with and understands the insurance laws and 2111 administrative rules of this state and the provisions of the 2112 contracts negotiated or to be negotiated. Compliance with this 2113 filing requirement is a condition precedent to the issuance, 2114 continuation, reinstatement, or renewal of a nonresident 2115 independent adjuster’s appointment. 2116 Section 43. Section 626.8736, Florida Statutes, is amended 2117 to read: 2118 626.8736 Nonresident independent or public adjusters; 2119 service of process.— 2120 (1) Each licensed nonresidentindependent orpublic 2121 adjuster or all-lines adjuster appointed as an independent 2122 adjuster shall appoint the Chief Financial Officer and his or 2123 her successors in office as his or her attorney to receive 2124 service of legal process issued against suchthe nonresident2125independentor publicadjuster in this state, upon causes of 2126 action arising within this state out of transactions under his 2127 license and appointment. Service upon the Chief Financial 2128 Officer as attorney constitutesshall constituteeffective legal 2129 service upon the nonresident independent or public adjuster. 2130 (2) The appointment of the Chief Financial Officer for 2131 service of process isshall beirrevocableforas long as there 2132 could be any cause of action against the nonresidentindependent2133orpublic adjuster or all-lines adjuster appointed as an 2134 independent adjuster arising out of his or her insurance 2135 transactions in this state. 2136 (3) Duplicate copies of legal process against the 2137 nonresidentindependent orpublic adjuster or all-lines adjuster 2138 appointed as an independent adjuster shall be served upon the 2139 Chief Financial Officer by a person competent to serve a 2140 summons. 2141 (4) Upon receiving the service, the Chief Financial Officer 2142 shallforthwithsend one of the copies of the process, by 2143 registered mail with return receipt requested, to the defendant 2144 nonresidentindependent orpublic adjuster or all-lines adjuster 2145 appointed as an independent adjuster at his or her last address 2146 of record with the department. 2147 (5) The Chief Financial Officer shall keep a record of the 2148 day and hour of service upon him or her of all legal process 2149 received under this section. 2150 Section 44. Subsection (1) of section 626.874, Florida 2151 Statutes, is amended to read: 2152 626.874 Catastrophe or emergency adjusters.— 2153 (1) In the event of a catastrophe or emergency, the 2154 department may issue a license, for the purposes and under the 2155 conditionswhich it shall fixand for the period of emergency as 2156 it shall determine, to persons who are residents or nonresidents 2157 of this state, who are at least 18 years of age, who are United 2158 States citizens or legal aliens who possess work authorization 2159 from the United States Bureau of Citizenship and Immigration 2160 Services, and who are not licensed adjusters under this part but 2161 who have been designated and certified to it as qualified to act 2162 as adjusters by all-linesindependentresident adjusters,orby 2163 an authorized insurer, or by a licensed general lines agent to 2164 adjust claims, losses, or damages under policies or contracts of 2165 insurance issued by such insurers. The fee for the license is 2166shall beas provided in s. 624.501(12)(c). 2167 Section 45. Subsection (1) of section 626.875, Florida 2168 Statutes, is amended to read: 2169 626.875 Office and records.— 2170 (1) Each appointedEvery licensedindependent adjuster and 2171everylicensed public adjuster mustshall have andmaintainin2172this statea place of business in this state which is accessible 2173 to the public and keep therein the usual and customary records 2174 pertaining to transactions under the license. This provision 2175 doesshallnotbe deemed toprohibit maintenance of such an 2176 office in the home of the licensee. 2177 Section 46. Section 626.876, Florida Statutes, is amended 2178 to read: 2179 626.876 Exclusive employment; public adjusters, independent 2180 adjusters.— 2181 (1) AnNoindividual licensed and appointed as a public 2182 adjuster may notshallbesoemployed during the same period by 2183 more than one public adjuster or public adjuster firm or 2184 corporation. 2185 (2) AnNoindividual licensed as an all-lines adjuster and 2186 appointed as an independent adjuster may notshallbeso2187 employed during the same period by more than one independent 2188 adjuster or independent adjuster firm or corporation. 2189 Section 47. Subsections (5), (6), and (7) of section 2190 626.927, Florida Statutes, are amended to read: 2191 626.927 Licensing of surplus lines agent.— 2192(5) The applicant must file and thereafter maintain the2193bond as required under s.626.928.2194 (5)(6)Examinations as to surplus lines, as required under 2195 subsections (1) and (2), areshall besubject to the provisions 2196 of part I as applicable to applicants for licenses in general. 2197No such examination shall be required as to persons who held a2198Florida surplus lines agent’s license as of January 1, 1959,2199except when examinations subsequent to issuance of an initial2200license are provided for in general under part I.2201 (6)(7)AnAnyindividual who has been licensed by the 2202 department as a surplus lines agent as provided in this section 2203 may be subsequently appointed without additional written 2204 examination if his or her application for appointment is filed 2205 with the department within 48 months afternext followingthe 2206 date of cancellation or expiration of the prior appointment. The 2207 department may, in its discretion,require ananyindividual to 2208 take and successfully pass an examination as for original 2209 issuance of license as a condition precedent to the 2210 reinstatement or continuation of the licensee’s current license 2211 or reinstatement or continuation of the licensee’s appointment. 2212 Section 48. Section 626.928, Florida Statutes, is repealed. 2213 Section 49. Section 626.933, Florida Statutes, is amended 2214 to read: 2215 626.933 Collection of tax and service fee.—If the tax or 2216 service fee payable by a surplus lines agent under thethis2217 Surplus Lines Law is not so paid within the time prescribed, it 2218the sameshall be recoverable in a suit brought by the 2219 department against the surplus lines agentand the surety or2220sureties on the bond filed by the surplus lines agent under s.2221626.928. The department may authorize the Florida Surplus Lines 2222 Service Office to file suit on its behalf. All costs and 2223 expenses incurred in a suit brought by the office which are not 2224 recoverable from the agent or surety shall be borne by the 2225 office. 2226 Section 50. Subsection (1) of section 626.935, Florida 2227 Statutes, is amended to read: 2228 626.935 Suspension, revocation, or refusal of surplus lines 2229 agent’s license.— 2230 (1) The department shall deny an application for, suspend, 2231 revoke, or refuse to renew the appointment of a surplus lines 2232 agent and all other licenses and appointments held by the 2233 licensee under this code, onuponany of the following grounds: 2234 (a) Removal of the licensee’s office from the licensee’s 2235 state of residence. 2236 (b) Removal of the accounts and records of his or her 2237 surplus lines business from this state or the licensee’s state 2238 of residence during the period when such accounts and records 2239 are required to be maintained under s. 626.930. 2240 (c) Closure of the licensee’s office fora period ofmore 2241 than 30 consecutive days. 2242 (d) Failure to make and file his or her affidavit or 2243 reports when due as required by s. 626.931. 2244 (e) Failure to pay the tax or service fee on surplus lines 2245 premiums, as providedforin thethisSurplus Lines Law. 2246(f) Failure to maintain the bond as required by s.626.928.2247 (f)(g)Suspension, revocation, or refusal to renew or 2248 continue the license or appointment as a general lines agent, 2249 service representative, or managing general agent. 2250 (g)(h)Lack of qualifications as for an original surplus 2251 lines agent’s license. 2252 (h)(i)Violation of this Surplus Lines Law. 2253 (i)(j)For any other applicable cause for which the license 2254 of a general lines agent could be suspended, revoked, or refused 2255 under s. 626.611 or s. 626.621. 2256 Section 51. Paragraph (b) of subsection (1) of section 2257 627.952, Florida Statutes, is amended to read: 2258 627.952 Risk retention and purchasing group agents.— 2259 (1) Any person offering, soliciting, selling, purchasing, 2260 administering, or otherwise servicing insurance contracts, 2261 certificates, or agreements for any purchasing group or risk 2262 retention group to any resident of this state, either directly 2263 or indirectly, by the use of mail, advertising, or other means 2264 of communication, shall obtain a license and appointment to act 2265 as a resident general lines agent, if a resident of this state, 2266 or a nonresident general lines agent if not a resident. Any such 2267 person shall be subject to all requirements of the Florida 2268 Insurance Code. 2269 (b) Any person required to be licensed and appointed under 2270bythis subsection, in order to place business through Florida 2271 eligible surplus lines carriers, mustshall, if a resident of 2272 this state, be licensed and appointed as a surplus lines agent. 2273Any such person,If not a resident of this state, such person 2274 mustshallbe licensed and appointed as a surplus lines agent in 2275 her or his state of residence andshallfile andthereafter2276 maintain a fidelity bond in favor of the people of the State of 2277 Florida executed by a surety company admitted in this state and 2278 payable to the State of Florida;provided,however,any2279activities carried out bysuch nonresident ispursuant to this2280part shall belimited to the provision of insurance for 2281 purchasing groups. The bond mustshallbe continuous in form and 2282maintainedin the amount of not less than $50,000, aggregate 2283 liabilityset out in s.626.928. The bond mustshallremain in 2284 force and effect until the surety is released from liability by 2285 the department or until the bond is canceled by the surety. The 2286 surety may cancel the bond and be released from further 2287 liabilitythereunderupon 30 days’ prior written notice to the 2288 department. The cancellation doesshallnot affect any liability 2289 incurred or accruedthereunderbefore the termination of the 30 2290 day period. Upon receipt of a notice of cancellation, the 2291 department shall immediately notify the agent. 2292 Section 52. Subsections (1) and (2) of section 635.051, 2293 Florida Statutes, are amended to read: 2294 635.051 Licensing and appointment of mortgage guaranty 2295 insurance agents.— 2296 (1) Effective October 1, 2012, a person may not transact 2297 mortgage guaranty insurance unless licensed and appointed as a 2298 credit insurance agent in accordance with the applicable 2299 provisions of the insurance code. Mortgage guaranty licenses 2300 held by persons on October 1, 2012, shall be transferred to a 2301 credit insurance agent license. Persons who wish to obtain a new 2302 license identification card that reflects this change must 2303 submit the $5 fee as prescribed in s. 624.501(15).Agents of2304mortgage guaranty insurers shall be licensed and appointed and2305shall be subject to the same qualifications and requirements2306applicable to general lines agents under the laws of this state,2307except that:2308(a) Particular preliminary specialized education or2309training is not required of an applicant for such an agent’s2310license, and continuing education is not required for renewal of2311the agent’s appointment if, as part of the application for2312license and appointment, the insurer guarantees that the2313applicant will receive the necessary training to enable him or2314her properly to hold himself or herself out to the public as a2315mortgage guaranty insurance agent and if the department, in its2316discretion, accepts such guaranty;2317(b) The agent’s license and appointment shall be a limited2318license, limited to the handling of mortgage guaranty insurance2319only; and2320(c) An examination may be required of an applicant for such2321a license if the insurer fails to provide the guaranty described2322in paragraph (a).2323 (2) Any general lines agent licensed under chapter 626 is 2324 qualified to represent a mortgage guaranty insurer without 2325 additional licensureexamination. 2326 Section 53. Subsection (2) of section 648.38, Florida 2327 Statutes, is amended to read: 2328 648.38 Licensure examination for bail bond agents; time; 2329 place; fees; scope.— 2330 (2) The department or a person designated by the department 2331 shall providemail writtennotice of the time and place of the 2332 examination to each applicant for licensure required to take an 2333 examination who will be eligible to take the examination as of 2334 the examination date. The notice shall be e-mailedso mailed,2335postage prepaid, and addressedto the applicant at the e-mail 2336his or heraddress shown on his or her application for licensure 2337or at such other address as requested by the applicant in2338writing filed with the department prior to the mailing of the2339notice. Notice shall be deemed given when so mailed. 2340 Section 54. Section 648.385, Florida Statutes, is amended 2341 to read: 2342 648.385 Continuing education required; application; 2343 exceptions; requirements; penalties.— 2344 (1) The purpose of this section is to establish 2345 requirements and standards for continuing education courses for 2346 persons authorized to write bail bonds in this state. 2347 (2)(a)Each person subject tothe provisions ofthis 2348 chapter must complete a minimum of 14 hours of continuing 2349 education courses every 2 years as specified in s. 626.2815in2350courses approved by the department.Compliance with continuing2351education requirements is a condition precedent to the issuance,2352continuation, or renewal of any appointment subject to the2353provisions of this chapter.2354(b) A person teaching any approved course of instruction or2355lecturing at any approved seminar and attending the entire2356course or seminar shall qualify for the same number of classroom2357hours as would be granted to a person taking and successfully2358completing such course, seminar, or program. Credit shall be2359limited to the number of hours actually taught unless a person2360attends the entire course or seminar.2361(c) For good cause shown, the department may grant an2362extension of time during which the requirements imposed by this2363section may be completed, but such extension of time may not2364exceed 1 year.2365(3)(a) Any bail-related course developed or sponsored by2366any authorized insurer or recognized bail bond agents’2367association, or any independent study program of instruction,2368subject to approval by the department, qualifies for the2369equivalency of the number of classroom hours assigned to such2370course by the department. However, unless otherwise provided in2371this section, continuing education credit may not be credited2372toward meeting the requirements of this section unless the2373course is provided by classroom instruction or results in a2374monitored examination.2375(b) Each person or entity sponsoring a course for2376continuing education credit must furnish, within 30 days after2377completion of the course, in a form satisfactory to the2378department or its designee, a written and certified roster2379showing the name and license number of all persons successfully2380completing such course and requesting credit, accompanied by the2381required fee. The department shall refuse to issue, continue, or2382renew the appointment of any bail bond agent who has not had the2383continuing education requirements certified unless the agent has2384been granted an extension by the department.2385 Section 55. Subsection (1) of section 903.27, Florida 2386 Statutes, is amended to read: 2387 903.27 Forfeiture to judgment.— 2388 (1) If the forfeiture is not paid or discharged by court 2389 orderof a court of competent jurisdictionwithin 60 days and 2390 the bond is secured other than by money and bonds authorized 2391 underins. 903.16, the clerk of the circuit court for the 2392 county where the order was made shall enter a judgment against 2393 the surety for the amount of the penalty and issue execution. 2394 However, ifin any case in whichthe bond forfeiture has been 2395 discharged by the courtof competent jurisdictionconditioned 2396 upon the payment by the surety of certain costs or fees as 2397 allowed by statute, the amount for which judgment may be entered 2398 may not exceed the amount of the unpaid fees or costs upon which 2399 the discharge had been conditioned. Judgment for the full amount 2400 of the forfeiture mayshallnot be entered if payment of a 2401 lesser amount will satisfy the conditions to discharge the 2402 forfeiture. Within 10 days, the clerk shall furnish the 2403Department of Financial Services and the Office of Insurance2404Regulation of the Financial Services Commission with a certified2405copy of the judgment docket and shall furnish thesurety company 2406at its home officea copy of the judgment at its home office, 2407 which includesshall includethe power of attorney number of the 2408 bond and the name of the executing agent. If the judgment is not 2409 paid within 6035days, the clerk shall furnishthe Department2410of Financial Services,the Office of Insurance Regulation,and 2411 the sheriff of the county in which the bond was executed, or the 2412 official responsible for operation of the county jail,if other 2413 than the sheriff, two certified copies of the transcript of the 2414 docket of the judgment and a certificate stating that the 2415 judgment remains unsatisfied.When andIf the judgment is 2416 properly paid or a courtanorder to vacate the judgment has 2417 been enteredby a court of competent jurisdiction, the clerk 2418 shall immediately notify the sheriff, or the official 2419 responsible for the operation of the county jail,if other than 2420 the sheriff,and the Department of Financial Servicesand the 2421 Office of Insurance Regulation, if thedepartment andoffice had 2422 been previously notified of nonpayment, of such payment or order 2423 to vacate the judgment. The clerk shall also immediately prepare 2424 and record in the public records a satisfaction of the judgment 2425 or record the order to vacate judgment. If the defendant is 2426 returned to the county of jurisdiction of the court and,2427whenevera motion to set aside the judgment is filed, the 2428 operation of this section is tolled until the court makes a 2429 disposition of the motion. 2430 Section 56. Except as otherwise expressly provided in this 2431 act, this act shall take effect October 1, 2012.