SB 1292 — Department of Financial Services

(2) The(2) If requirementsthere foris completiona andchange submissionin ownership or control of fingerprintsany entity licensed under this chapterchapter, areor waivedif fora membersnew ofpartner, theofficer, Unitedor Statesdirector Armedis Forcesemployed andor veteransappointed, a set of fingerprints of the Unitednew Statesowner, Armedpartner, Forcesofficer, whoor weredirector honorablymust dischargedbe withinfiled with the 24-monthdepartment periodor beforeoffice thewithin date30 ofdays anafter applicationthe forchange. licensure.

A qualified individual shall provide a copy of a military identification card, military service record, military personnel file, veteran record, Form DD-214, NGB Form 22, or separation document that indicates such member or veteran of the United States Armed Forces is currently in good standing or was honorably discharged.

(3) If there is a change in ownership or control of any entity licensed under this chapter, or if a new partner, officer, or director is employed or appointed, a set of fingerprints of the new owner, partner, officer, or director must be filed with the department or office within 30 days after the change.

Section 21. Subsection20. Subsection (9) of section 626.207, Florida Statutes, is amended to read:

Section 22. Paragraph21. Paragraph (j) of subsection (2) of section 626.221, Florida Statutes, is amended to read:

Section 23. Present22. Present subsections (6) and (7) of section 626.451, Florida Statutes, are redesignated as subsections (5) and (6), respectively, and subsections (1) and (5) and present subsection (6) of that section are amended, to read:

Section 24. Section23. Section 626.521, Florida Statutes, is amended to read:

Section 25. Paragraph24. Paragraph (f) of subsection (1) of section 626.731, Florida Statutes, is amended to read:

Section 26. Subsection25. Subsection (6) of section 626.7351, Florida Statutes, is amended to read:

Section 27. Section26. Section 626.744, Florida Statutes, is amended to read:

Section 28. Section27. Section 626.745, Florida Statutes, is amended to read:

Section 29. Subsection28. Subsection (11) of section 626.7451, Florida Statutes, is amended to read:

1013982 For the purposes of this section and ss.

Section 30. Subsection29. Subsection (1) of section 626.7455, Florida Statutes, is amended to read:

Section 31. Paragraph30. Paragraph (e) of subsection (3) and subsection (5) of section 626.752, Florida Statutes, are amended to read:

Section 32. Subsection31. Subsection (4) of section 626.793, Florida Statutes, is amended to read:

Section 32. Section 626.798, Florida Statutes, is amended to read:

626.798 Life agent as beneficiary;

prohibition;

limitations on certain legal authority.— (1) A No life agent may not place or modify shall, with respect to the placement of life insurance coverage with a life insurer covering the life of a person who is not a family member of the life agent, handle in his or her capacity as a life agent the placement of such coverage when the life agent placing the coverage or a family member of the life such agent is the named beneficiary under the life insurance policy or the modification names the life agent or a family member of the life agent as the named beneficiary, unless the life agent or family member of the life agent has an insurable interest in the life of such person.

(2) A life However, the agent or a family member of the life such agent may not serve be designated as a trustee or guardian or accept authority to act under a be granted power of attorney for any person the life agent conducts insurance business with unless he or she is:

(a) A family member of the person policy owner or insured;

or (b)1. Acting as a fiduciary;

2. Licensed as a certified public accountant under s.

473.308;

and 3.a. Registered under s.

203 of the Investment Advisers Act of 1940 as an investment adviser or a representative thereof, and is compliant with the notice filing requirements of s.

517.1201;

or b. Registered under s.

517.12 as a dealer, an investment adviser, or an associated person, or is a bank or trust company duly authorized to act as a fiduciary.

(3) As used in this section, the term:

For the purposes of this section, the phrase (a) “Family member” “not a family member,” with respect to a life agent, means an individual who is not related to the life agent as father, mother, son, daughter, brother, sister, grandfather, grandmother, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(b) For the purposes of this section, the term “Insurable interest” means that the life agent or family member of the life agent has an actual, lawful, and substantial economic interest in the safety and preservation of the life of the insured or a reasonable expectation of benefit or advantage from the continued life of the insured.

11431159 A person who provides billing and collection services to health insurers and health maintenance organizations on behalf of health care providers shall comply with the provisions of ss.

Section 37. Subsection37. Section (2) of section 626.927, Florida Statutes, is amended to read:

626.927 Licensing of surplus lines agent.— (2) Any(1) Any individual,individual while licensed as and appointed as a managingresident general lines agent as definedto property, casualty, and surety insurances, and who is deemed by the department to have had sufficient experience in s.the insurance business to be competent for the purpose, and who, within the 4 years immediately preceding the date the application was submitted, has a minimum of 1 year’s experience working for a licensed surplus lines agent or who has successfully completed 60 class hours in surplus and excess lines in a course approved by the department, may be licensed as a surplus lines agent, upon taking and successfully passing a written examination as to surplus lines, as given by the department.

(2) Any individual, while licensed as and appointed as a managing general agent as defined in s.

(2)(3) Application for the license must shall be made to the department on forms as designated and furnished by it.

(3)(4) License and appointment fees in the amount specified in s.

624.501 must shall be paid to the department in advance.

The license and appointment of a surplus lines agent continue in force until suspended, revoked, or otherwise terminated.

The appointment of a surplus lines agent continues in force until suspended, revoked, or terminated, but is subject to biennial renewal or continuation by the licensee in accordance with procedures prescribed in s.

626.381 for agents in general.

(4)(5) Examinations as to surplus lines, as required under subsection (1) subsections (1) and (2), are subject to the provisions of part I as applicable to applicants for licenses in general.

(5)(6) An individual who has been licensed by the department as a surplus lines agent as provided in this section may be subsequently appointed without additional written examination if his or her application for appointment is filed with the department within 48 months after the date of cancellation or expiration of the prior appointment.

The department may require an individual to take and successfully pass an examination as for original issuance of license as a condition precedent to the reinstatement or continuation of the licensee’s current license or reinstatement or continuation of the licensee’s appointment.

12321285 Any fire equipment permittee licensed pursuant to this subsection who does not want to engage in servicing, inspecting, recharging, repairing, hydrotesting, or installing halon equipment must file an affidavit on a form provided by the division so stating.

13751428 This subparagraph does not apply to any holder of or applicant for a permit under paragraph (g) or to a business organization or a governmental entity seeking initial licensure or renewal of an existing license solely for the purpose of inspecting, servicing, repairing, marking, recharging, hydrotesting, and maintaining fire extinguishers used and located on the premises of and owned by such organization or entity.

Section 45. Subsection45. Paragraph (1)(e) of sectionsubsection 633.416,(1) Florida Statutes, is amended, present subsections (7) and (8) of that section are633.444, redesignatedFlorida asStatutes, subsections (8) and (9), respectively, and a new subsection (7) is addedamended to that section, to read:

633.416 Firefighter employment and volunteer firefighter service;

saving clause.— (1) A fire service provider may not employ an individual to:

(a) Extinguish fires for the protection of life or property or to supervise individuals who perform such services unless the individual holds a current and valid Firefighter Certificate of Compliance;

or (b) Serve as the administrative and command head of a fire service provider for a period in excess of 1 year unless the individual holds a current and valid Firefighter Certificate of Compliance or Special Certificate of Compliance pursuant to s.

633.408.

(7) A fire service provider may employ veterans who were honorably discharged and who received Florida-equivalent training.

The standard of equivalency of training must be verified by the division before such an individual’s employment begins.

Such individual must obtain a Firefighter Certificate of Compliance within 24 months after employment.

Section 46. Paragraph (e) of subsection (1) of section 633.444, Florida Statutes, is amended to read:

Section 47. Subsection46. Subsection (8) of section 648.27, Florida Statutes, is amended to read:

Section 48. Present47. Present subsection (6) of section 648.34, Florida Statutes, is redesignated as subsection (7), and a new subsection (6) is added to that section, to read:

Section 49. For48. For the purpose of incorporating the amendment made by this act to section 626.221, Florida Statutes, in a reference thereto, paragraph (b) of subsection (1) of section 626.8734, Florida Statutes, is reenacted to read:

Section 50. For49. This theact 2018-2019shall statetake fiscaleffect year,July the1, sum2018. of $1,000,000 in nonrecurring funds from the Insurance Regulatory Trust Fund is appropriated to the Division of Funeral, Cemetery, and Consumer Services within the Department of Financial Services for information technology needs.

Section 51. This act shall take effect July 1, 2018.