626.741 Nonresident agents; licensing and restrictions.—
(1) The department may, upon written application and the payment of the fees as specified in s. 624.501, issue a license as:
(a) A nonresident general lines agent to an individual licensed in his or her home state as a resident agent for the same line of authority as a Florida resident general lines agent and otherwise qualified therefor under the laws of this state, but who is not a resident of this state, if by the laws of the individual’s home state, residents of this state may be licensed in a similar manner as a nonresident agent of his or her home state.
(b) A customer representative to an individual otherwise qualified therefor, who is not a resident of this state, but is a resident of a state sharing a common boundary with this state.
(2) The department may enter into reciprocal agreements with the appropriate official of any other state waiving the written examination of any applicant resident in that other state if:
(a) In the applicant’s home state, a resident of this state is privileged to procure a general lines agent’s license upon compliance with the conditions specified in subsection (1) and without discrimination as to fees or otherwise in favor of the residents of the individual’s home state.
(b) The appropriate official of the individual’s home state certifies that the applicant holds a currently valid license as a resident agent in his or her home state for the same line of authority as a general lines agent in this state.
(c) The applicant satisfies the examination requirement under s. 626.221, or qualifies for an exemption thereunder.
(3) The department shall not, however, issue any license and appointment to any individual who does not, at the time of issuance and throughout the existence of the Florida license, hold a license as agent or broker issued by his or her home state; nor to any individual who is employed by any insurer as a service representative or who is a managing general agent in any state, whether or not also licensed in another state as an agent or broker. The foregoing requirement to hold a similar license in the applicant’s home state does not apply to customer representatives unless the home state licenses residents of that state in a similar manner. The authority of such nonresident license is limited to the specific lines of authority granted in the license issued by the agent’s home state and further limited to the specific lines authorized under the nonresident license issued by this state. The department shall have discretion to refuse to issue any license or appointment to a nonresident when it has reason to believe that any of the grounds exist as for suspension, denial, or revocation of license as set forth in ss. 626.611 and 626.621.
(4) Any individual who holds a Florida nonresident agent’s license, upon becoming a resident of this state may, for a period not to exceed 90 days, continue to transact insurance in this state under the nonresident license and appointment. Such individual must make application for resident licensure and must become licensed as a resident agent within 90 days of becoming a resident of this state.
(5) Upon becoming a resident of this state, an individual who holds a Florida nonresident agent’s license is no longer eligible for licensure as a nonresident agent if such individual fails to make application for a resident license and become licensed as a resident agent within 90 days. His or her license and any appointments shall be canceled immediately. He or she may apply for a resident license pursuant to s. 626.731.
(6) Except as provided in this section and ss. 626.742 and 626.743, nonresident agents shall be subject to the same requirements as apply to agents resident in this state. However, nonresident agents are not required to maintain an insurance agency in this state. If a nonresident agent does maintain or have a financial interest in an insurance agency in this state, the agency is subject to the same requirements that apply to agencies of resident agents in this state.
(7) If available, the department shall verify the nonresident applicant’s licensing status through the Producer Database maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.
...A Countersignature The "countersignature" statutes provide that when property or casualty insurance is placed for any Florida risk, an agent who is a " resident of this state " must participate inand be paid at least a specified share of any commission forthe placement of the coverage. §§ 624.425(1) & 626.741(5)(a), Fla....
...(emphasis added). [1] Thus any policy must be "countersigned" by a Florida resident agent, who must be paid at least 50% of the total commission with respect to property coverages, and at least 25% of the total commission with respect to other coverages. § 626.741(5)(a), Fla. Stat. Further, a Florida-licensed but nonresident agent cannot solicit, negotiate, or effect any coverage in the state, "unless accompanied by a countersigning agent, resident in this state. " § 626.741(4), Fla....
...her person to countersign any such document in her or his name unless the person so authorized is directly employed by the agent and by no other person, and is so employed in the office of the agent. § 624.425, Fla. Stat. (emphasis added). Further, § 626.741, which authorizes licensure of agents who do not reside in Florida, provides: (4) Such a nonresident shall not directly or indirectly solicit, negotiate, or effect insurance contracts in this state unless accompanied by a countersigning agent, resident in this state, on such risk....
...bodily injury liability, and property damage liability, in no event shall he or she receive, accept, or retain less than 25 percent of the usual Florida local agent's commission or 25 percent of the nonresident agent's commission, whichever is less. § 626.741, Fla....
...The discrimination against nonresident agents is unconstitutional. For these reasons, IT IS ORDERED: 1. Plaintiff's motion for summary judgment (document 24) is GRANTED. Defendant's motion to dismiss or for summary judgment (document 15) is DENIED. 2. It is hereby declared that § 624.425, § 626.741, and § 626.927 of the Florida Statutes violate the Privileges and Immunities Clause and Equal Protection Clause of the United States Constitution to the extent that they deny to Florida-licensed nonresident insurance agents the same rights and privileges that they afford to Florida-licensed resident agents. 3. The Defendant Florida Commissioner of Insurance, in his official capacity, is enjoined from denying to Florida-licensed nonresident agents the same rights and privileges that Florida-licensed resident agents possess under § 624.425, § 626.741, and § 626.927 of the Florida Statutes....
...e Constitution." Id. at 60, 60 S.Ct. 758. [6] A person who resides in Florida may be licensed as a "resident general lines agent." § 626.731(1)(b), Fla. Stat. A person who resides outside Florida may be licensed in Florida as a "nonresident agent." § 626.741(1)(a), Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
