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PCS for CS/HB 643 — Act Relating to Insurance (Commerce Committee, 2025)

Summary

PCS for CS/HB 643 2025 is a bill to be entitled an act relating to insurance. It removes the definition of "diligent effort" and the diligent effort requirements for insurance coverage to be eligible for export. Section 1 creates a section requiring the Department of Law Enforcement to accept and process fingerprints of people involved in the organization, operation or management of an insurer or proposed insurer, with fingerprints forwarded to the Federal Bureau of Investigation for national processing. The bill also creates standards for affiliate compensation arrangements involving insurers, managing general agents and attorneys in fact, and revises requirements for general lines agent licensing.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“PCS for CS/HB 643 — Act Relating to Insurance (Commerce Committee, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3285-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-412deb0a97/, SHA-256 e6d6eda3063f1829e01aeb2985b2921fa1430d251069e93812c6ba57df7c1f53.

Full text

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           PCS for CS/HB 643                                                                                    2025




    1                                         A bill to be entitled
    2              An act relating to insurance; amending s. 626.914,
    3              F.S.; removing the definition of the term "diligent
    4              effort"; amending s. 626.916, F.S.; removing the
    5              diligent effort and other requirements for insurance
    6              coverage to be eligible for export; providing that
    7              insureds are presumed to have been informed and to
    8              know of the availability of certain insurance coverage
    9              under specified circumstances; creating s. 624.341,
10                 F.S.; providing legislative findings and intent;
11                 requiring the Department of Law Enforcement to accept
12                 certain fingerprints; specifying procedures for
13                 fingerprinting; authorizing the department to exchange
14                 certain records with the Office of Insurance
15                 Regulation; specifying that fingerprints must be
16                 submitted in accordance with certain rules;
17                 authorizing that the fingerprints be submitted through
18                 a third-party vendor authorized by the department;
19                 requiring the department to conduct certain background
20                 checks; requiring that certain fingerprints be
21                 submitted and entered into a specified system;
22                 requiring the office to inform the department of any
23                 person whose fingerprints no longer must be retained;
24                 specifying who bears the costs of fingerprint
25                 processing; specifying that certain criminal records

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        PCS for CS/HB 643                                                                                    2025




26              must be used by the office for certain purposes;
27              creating s. 624.347, F.S.; providing definitions;
28              providing applicability; establishing standards for
29              compensation arrangements and oversight of affiliate
30              transactions involving insurers, managing general
31              agents, and attorneys in fact; providing penalties;
32              requiring the office to adopt rules; amending s.
33              624.424, F.S.; specifying requirements for affiliate
34              compensation arrangements; removing requirements that
35              the office consider a specified factor in determining
36              whether certain affiliate considerations and payments
37              by an insurer are fair and reasonable; amending s.
38              626.732, F.S.; revising the requirements for licensing
39              and qualifying for general lines agents; amending s.
40              627.351, F.S.; requiring notification of arbitration
41              before the Division of Administrative Hearings as an
42              option for dispute resolution procedures under
43              Citizens Property Insurance Corporation; removing
44              obsolete language; providing an effective date.
45
46      Be It Enacted by the Legislature of the State of Florida:
47
48              Section 1.         Section 624.341, Florida Statutes, is created
49      to read:
50              624.341       Authority of Department of Law Enforcement to

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        PCS for CS/HB 643                                                                                    2025




51      accept fingerprints of, and exchange criminal history records
52      with respect to, certain persons applying to the Office of
53      Insurance Regulation.—
54              (1)      The Legislature finds that criminal activity of
55      insurers poses a particular danger to the residents of this
56      state. Floridians rely, in good faith, on the honest conduct of
57      those who issue and manage insurance policies and other
58      insurance instruments in this state. To safeguard this state's
59      residents, the Legislature finds it necessary to ensure that
60      incorporators, subscribers, officers, employees, contractors,
61      stockholders, directors, owners, members, managers, or
62      volunteers, or in the organization, operation, or management of
63      any insurer that is authorized to sell insurance do not have a
64      criminal background.
65              (2)      The Department of Law Enforcement shall accept and
66      process fingerprints of incorporators, subscribers, officers,
67      employees, contractors, stockholders, directors, owners,
68      members, managers, or volunteers involved in the organization,
69      operation, or management of:
70              (a)      Any insurer or proposed insurer transacting or
71      proposing to transact insurance in this state.
72              (b)      Any entity that is eligible to be examined or
73      investigated under 624.316, F.S.
74              (3)      Each person required to submit fingerprints to the
75      office, must provide a full set of fingerprints to the office or

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         PCS for CS/HB 643                                                                                    2025




76       to a vendor, an entity, or an agency authorized by s.
77       943.053(13). The office, vendor, entity, or agency shall forward
78       the fingerprints to the Department of Law Enforcement for state
79       processing, and the Department of Law Enforcement shall forward
80       the fingerprints to the Federal Bureau of Investigation for
81       national processing as described in s. 624.34. Fees for state
82       and federal fingerprint processing must be borne by the person
83       submitting the fingerprints. The state cost for fingerprint
84       processing is as provided in s. 943.053(3)(e).
85               (4)      The Department of Law Enforcement may, to the extent
86       provided by federal law, exchange any state or national criminal
87       history records with the office for the purpose of issuance or
88       continuation of a certificate of authority, certification, or
89       license to operate in this state.
90               (5)      Fingerprints must be submitted in accordance with
91       rules adopted by the commission.
92               (a)      Fingerprints may be submitted through a third-party
93       vendor authorized by the Department of Law Enforcement.
94               (b)      The Department of Law Enforcement shall conduct the
95       state criminal history background check, and a federal criminal
96       history background check shall be conducted through the Federal
97       Bureau of Investigation.
98               (c)      All fingerprints submitted to the Department of Law
99       Enforcement must be submitted and entered into the statewide
100      automated fingerprint identification system established in s.

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         PCS for CS/HB 643                                                                                    2025




101      943.05(2)(b) and available for use in accordance with s.
102      943.05(2)(g) and (h).
103              (d)      The costs of fingerprint processing, including the
104      cost of retaining the fingerprints, must be borne by the person
105      subject to the background checks.
106              (e)      The office shall review the results of the state and
107      federal criminal history background checks and determine whether
108      the applicant meets the requirements for the certificate of
109      authority, certification, or license to operate in this state.
110              (6)      Statewide criminal records obtained through the
111      Department of Law Enforcement, federal criminal records obtained
112      through the Federal Bureau of Investigation, and local criminal
113      records obtained through local law enforcement agencies must be
114      used by the office for the purpose of issuance, denial,
115      suspension, or revocation of certificates of authority,
116      certifications, or licenses issued to operate in this state.
117              Section 2.         Section 624.347, Florida Statutes, is created
118      to read:
119              624.347 Affiliate transactions; managing general agents;
120      attorneys in fact; oversight.—
121              (1) DEFINITIONS.—As used in this section, the term:
122              (a) “Affiliated entity” means any affiliate of an insurer.
123      The term includes a managing general agent, attorney in fact,
124      and reciprocal insurer when acting in a capacity that involves
125      compensation from the insurer.

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         PCS for CS/HB 643                                                                                    2025




126              (b) “Attorney in fact” has the same meaning as in s.
127      629.011.
128              (c) “Managing general agent” has the same meaning as in s.
129      626.015.
130              (d) “Reciprocal insurer” has the same meaning as in s.
131      629.011.
132              (e) “Insurer” means an authorized property insurer.
133              (2) APPLICABILITY.—This section applies to any insurer that
134      contracts with or makes payments to an affiliated entity.
135              (3) COMPENSATION ARRANGEMENTS WITH AFFILIATED ENTITIES.—
136              (a) Each insurer doing business in this state which pays,
137      directly or indirectly, a fee, commission, or other financial
138      consideration or payment to any affiliated entity must provide
139      to the office documentation demonstrating that such fee,
140      commission, or other financial consideration or payment is fair
141      and reasonable for each service being provided. In determining
142      whether the fee, commission, or other financial consideration or
143      payment is fair and reasonable, the office must consider all of
144      the following:
145              1. The actual cost of each service provided by an
146      affiliated entity.
147              2. The relative financial condition of the insurer and the
148      affiliated entity.
149              3. The level of debt and how that debt is serviced.
150              4. The amount of the dividends paid by the insurer and the

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         PCS for CS/HB 643                                                                                    2025




151      affiliated entity and for what purpose.
152              5. Whether the terms of the written contract benefit the
153      insurer and are in the best interest of the policyholders or
154      subscribers.
155              6. Any other such information as the office reasonably
156      requires in making this determination.
157              (b) For each agreement with an affiliated entity in force
158      on July 1, 2025, each insurer shall provide to the office no
159      later than October 1, 2025, the cost incurred by the affiliated
160      entity to provide each service, the dollar amount charged to the
161      insurer for each service, and the dollar amount of fees
162      forgiven, waived, or reimbursed by the affiliated entity for the
163      2 most recent preceding years. If the total dollar amount
164      charged to the insurer was greater than the total cost to
165      provide services for either year, the insurer must explain how
166      it determined the fee was fair and reasonable. For any proposed
167      contract with an affiliated entity effective after July 1, 2025,
168      the insurer must provide documentation to support that the fee,
169      commission, or other financial consideration or payment to the
170      affiliated entity is fair and reasonable.
171              (c)1. Beginning July 1, 2026, the office may require
172      specific types of compensation arrangements between an insurer
173      and any affiliated entity to be be structured as fee for
174      service. As used in this subparagraph, the term “fee for
175      service” means fixed amounts or hourly rates for itemized

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         PCS for CS/HB 643                                                                                    2025




176      services.
177              2. Compensation as a fee for service may not be based on:
178              a. Commission;
179              b. Premium volume;
180              c. Underwriting profit; or
181              d. Financial results of the insurer.
182              (d) This subsection does not prohibit an insurer from
183      paying a dividend or other financial arrangement to an
184      affiliated entity if such dividend or financial arrangement has
185      been reviewed and approved by the office pursuant to this
186      section, s. 628.372, or any other applicable law.
187              (e) An agreement between an insurer and an affiliated
188      entity must include a termination clause and may not exceed a
189      term of 3 years. Any extension of such an agreement must be
190      approved by the office before becoming effective. An agreement
191      between an insurer and an affiliated entity may include
192      provisions for extension, but may not remain in effect for
193      longer than 3 years without a review pursuant to paragraph (a)
194      and approval by the office. If the agreement provides for
195      extension, the agreement must clearly state that the extension
196      is subject to approval by the office at least every 3 years.
197              (4) EMERGENCY RESTRICTIONS.—
198              (a) During a declared emergency, the office may issue
199      orders restricting fund transfers from an insurer to an
200      affiliated entity without prior approval.

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         PCS for CS/HB 643                                                                                    2025




201              (b) Orders under paragraph (a) may apply to all or
202      specified insurers and may not exceed 90 days unless extended by
203      the office.
204              (5) ADDITIONAL OVERSIGHT.—
205              (a) The office may recover improper affiliated entity
206      payment transfers, including, but not limited to, both of the
207      following:
208              1. Transfers that violate the approved compensation,
209      approved dividend, or any other approved financial arrangement.
210              2. Transfers made while the insurer was undercapitalized.
211              (b) An insurer must provide notice to the office at least
212      30 days before any pledge of capital or assets to any affiliated
213      entity for a loan or financial obligation. Such notice must
214      include a description of the collateral, the nature of the
215      obligation, and the parties involved. The office may reject and
216      prohibit the pledge if such financial arrangement is not in the
217      best interest of the insurer.
218              (6) ENFORCEMENT.—
219              (a) The office may impose penalties for violations of this
220      section.
221              (b) The office shall adopt rules to implement this section.
222              Section 3.         Subsection (13) of section 624.424, Florida
223      Statutes, is amended to read:
224              624.424        Annual statement and other information.—
225              (13)        Each insurer doing business in this state which pays

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         PCS for CS/HB 643                                                                                    2025




226      a fee, commission, or other financial consideration or payment
227      to any affiliate directly or indirectly is required upon request
228      to provide to the office any information the office deems
229      necessary. The fee, commission, or other financial consideration
230      or payment to any affiliate must be fair and reasonable.
231      Affiliate compensation arrangements must comply with s. 624.347
232      and with the requirements of this subsection In determining
233      whether the fee, commission, or other financial consideration or
234      payment is fair and reasonable, the office shall consider, among
235      other things, the actual cost of the service being provided.
236              Section 4.         Subsection (4) of section 626.914, Florida
237      Statutes, is amended to read:
238              626.914       Definitions.—As used in this Surplus Lines Law,
239      the term:
240              (4)      "Diligent effort" means seeking coverage from and
241      having been rejected by at least three authorized insurers
242      currently writing this type of coverage and documenting these
243      rejections. However, if the residential structure has a dwelling
244      replacement cost of $700,000 or more, the term means seeking
245      coverage from and having been rejected by at least one
246      authorized insurer currently writing this type of coverage and
247      documenting this rejection.
248              Section 5.         Paragraphs (a) and (e) of subsection (1) and
249      paragraph (b) of subsection (3) of section 626.916, Florida
250      Statutes, are amended to read:

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         PCS for CS/HB 643                                                                                    2025




251              626.916       Eligibility for export.—
252              (1)      No insurance coverage shall be eligible for export
253      unless it meets all of the following conditions:
254              (a)      The coverage must be of a kind or class not generally
255      available from authorized insurers transacting insurance in this
256      state The full amount of insurance required must not be
257      procurable, after a diligent effort has been made by the
258      producing agent to do so, from among the insurers authorized to
259      transact and actually writing that kind and class of insurance
260      in this state, and the amount of insurance exported shall be
261      only the excess over the amount so procurable from authorized
262      insurers. Surplus lines agents must verify that a diligent
263      effort has been made by requiring a properly documented
264      statement of diligent effort from the retail or producing agent.
265      However, to be in compliance with the diligent effort
266      requirement, the surplus lines agent's reliance must be
267      reasonable under the particular circumstances surrounding the
268      export of that particular risk. Reasonableness shall be assessed
269      by taking into account factors which include, but are not
270      limited to, a regularly conducted program of verification of the
271      information provided by the retail or producing agent.
272      Declinations must be documented on a risk-by-risk basis. If it
273      is not possible to obtain the full amount of insurance required
274      by layering the risk, it is permissible to export the full
275      amount.

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         PCS for CS/HB 643                                                                                    2025




276              (e)      The insured has signed or otherwise provided
277      documented acknowledgment of a disclosure in substantially the
278      following form: "You are agreeing to place coverage in the
279      surplus lines market. Coverage may be available in the admitted
280      market. Persons insured by surplus lines carriers are not
281      protected under the Florida Insurance Guaranty Act with respect
282      to any right of recovery for the obligation of an insolvent
283      unlicensed insurer." If the acknowledgment of the disclosure is
284      signed by the insured, the insured is presumed to have been
285      informed and to know that other coverage may be available.
286              (3)
287              (b)      Subsection (1) does not apply to classes of insurance
288      which are related to indemnity of deductibles for property
289      insurance or are subject to s. 627.062(3)(d)1. These classes may
290      be exportable under the following conditions:
291              1.      The insurance must be placed only by or through a
292      surplus lines agent licensed in this state;
293              2.      The insurer must be made eligible under s. 626.918; and
294              3.      The insured has complied with paragraph (1)(e). If the
295      disclosure is signed by the insured, the insured is presumed to
296      have been informed and to know that other coverage may be
297      available, and, with respect to the diligent-effort requirement
298      under subsection (1), there is no liability on the part of, and
299      no cause of action arises against, the retail agent presenting
300      the form.

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         PCS for CS/HB 643                                                                                    2025




301              Section 6.         Paragraph (ll) of subsection (6) of section
302      627.351, Florida Statutes, is amended to read:
303              627.351       Insurance risk apportionment plans.—
304              (6)      CITIZENS PROPERTY INSURANCE CORPORATION.—
305              (ll)1.       In addition to any other method of alternative
306      dispute resolution authorized by state law, the corporation may
307      adopt policy forms that provide an option for the insured to
308      select, at the time of entering into the policy or upon renewal,
309      to have disputes regarding the corporation's claim
310      determinations for the resolution of disputes regarding its
311      claim determinations, including disputes regarding coverage for,
312      or the scope and value of, a claim, resolved through arbitration
313      in a proceeding before the Division of Administrative Hearings.
314      Each insured must be notified in writing, at the time of
315      entering into a policy with the corporation and upon each
316      renewal, that the insured must decide whether to resolve
317      disputes through arbitration before the Division of
318      Administrative Hearings. Such notification must be in at least
319      12-point boldfaced type, immediately preceding the insured's
320      signature in substantially the following form:
321
322      AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY
323      OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION
324      BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST
325      INDICATE THIS SELECTION BY MARKING 'ACCEPT' OR 'DECLINE' BELOW.

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         PCS for CS/HB 643                                                                                    2025




326      THIS DECISION CANNOT BE CHANGED DURING THE TERM OF THE POLICY.
327
328              2.      Any such policies are not subject to s. 627.70154. All
329      arbitrations before proceedings in the Division of
330      Administrative Hearings pursuant to such policies are subject to
331      ss. 57.105 and 768.79 as if filed in the courts of this state
332      and are not considered chapter 120 administrative proceedings.
333      Rule 1.442, Florida Rules of Civil Procedure, applies to any
334      offer served pursuant to s. 768.79, except that, notwithstanding
335      any provision in Rule 1.442, Florida Rules of Civil Procedure,
336      to the contrary, an offer shall not be served earlier than 10
337      days after filing the request for hearing with the Division of
338      Administrative Hearings and shall not be served later than 10
339      days before the date set for the final hearing. The
340      administrative law judge in such arbitrations proceedings shall
341      award attorney fees and other relief pursuant to ss. 57.105 and
342      768.79. The corporation may not seek, and the office may not
343      approve, a maximum hourly rate for attorney fees.
344              2.      The corporation may contract with the division to
345      conduct proceedings to resolve disputes regarding its claim
346      determinations as may be provided for in the applicable policies
347      of insurance. This subparagraph expires July 1, 2025.
348              Section 7.         Subsection (1) of section 626.732, Florida
349      Statutes, is amended to read:
350              626.732       Requirement as to knowledge, experience, or

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         PCS for CS/HB 643                                                                                    2025




351      instruction.—
352               (1)     Except as provided in subsection (4), an applicant for
353      a license as a general lines agent, except for a chartered
354      property and casualty underwriter (CPCU), may not be qualified
355      or licensed unless, within the 4 years immediately preceding the
356      date the application for license is filed with the department,
357      the applicant has satisfied, at a minimum, one of the following
358      requirements:
359               (a)     Taught or successfully completed 60 200 hours of
360      coursework in property, casualty, surety, health, and marine
361      insurance approved by the department, 3 hours of which must be
362      on the subject matter of ethics.;
363               (b)     Completed at least 1 year in responsible insurance
364      duties as a substantially full-time bona fide employee in all
365      lines of property and casualty insurance as set forth in the
366      definition of a general lines agent under s. 626.015, but
367      without the education requirement described in paragraph (a).;
368      or
369               (c)     Completed at least 1 year of responsible insurance
370      duties as a licensed and appointed customer representative,
371      service representative, or personal lines agent and 40 hours of
372      coursework approved by the department covering the areas of
373      property, casualty, surety, health, and marine insurance.
374               Section 8.        This act shall take effect July 1, 2025.
375

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