December 16, 2019
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The Florida Statutes

The 2001 Florida Statutes

Title XXXVII
Insurance
Chapter 626
Insurance Field Representatives And Operations
View Entire Chapter
Section 626.592, Florida Statutes 2001

626.592  Primary agents.--

(1)  Each person operating an insurance agency and each location of a multiple location agency shall designate a primary agent for each insurance agency location and shall file the name of the person so designated, and the address of the insurance agency location where he or she is primary agent, with the Department of Insurance, on a form approved by the department. The designation of the primary agent may be changed at the option of the agency, and any change shall be effective upon notification to the department. Notice of change must be sent to the department within 30 days after such change.

(2)  For the purpose of this section, a "primary agent" is the licensed agent who is responsible for the hiring and supervision of all individuals within an insurance agency location whether such individuals deal with the public in the solicitation or negotiation of insurance contracts or in the collection or accounting of moneys from the general public. An agent may be designated as primary agent for only one insurance agency location.

(3)  For the purpose of this section, an "insurance agency" is a location where any agent is engaged in the business of insurance.

(4)  The department may suspend or revoke the license of the primary agent if the insurance agency employs any person who has had a license denied or any person whose license is currently suspended or revoked. However, when a person has been denied a license for failure to pass a required examination, he or she may be employed to perform clerical or administrative functions for which licensure is not required.

(5)  The primary agent in an unincorporated agency, or the primary agent in an incorporated agency in which no officer, director, or stockholder is an agent, shall be responsible and accountable for the acts of salaried employees under his or her direct supervision and control, while acting on behalf of the agency. Nothing in this section shall be construed to render any person criminally liable or subject to any disciplinary proceedings for any act unless such person personally committed or knew or should have known of such act and of the facts constituting a violation of this chapter.

(6)  The department may suspend or revoke the license of any agent who is employed by a person whose license is currently suspended or revoked.

(7)  An insurance agency location may not conduct the business of insurance unless a primary agent is designated at all times. Failure to designate a primary agent, on a form prescribed by the department, within 30 days after agency inception or change of primary agent designation, constitutes grounds for requiring that the agency obtain a license in accordance with ss. 626.112 and 626.172.

(8)  Any insurance agency may request, on a form prescribed by the department, verification from the department of any person's current licensure status. If a request is mailed to the department within 5 working days after the date an agent is hired, and the department subsequently notifies the agency that an employee's license is currently suspended, revoked, or has been denied, the license of the primary agent shall not be revoked or suspended if the unlicensed person is immediately dismissed from employment as an insurance agent with the agency.

(9)  When an agent conducts insurance transactions at two or more locations, a separate primary agent need not be designated at each location, provided that no insurance transactions occur at any location when the agent is not present and no unlicensed employee at the location has engaged in insurance activities requiring licensure. In those instances, the agent shall be responsible for insurance transactions occurring at each location.

History.--s. 54, ch. 89-360; ss. 53, 207, ch. 90-363; s. 4, ch. 91-429; s. 235, ch. 97-102; s. 26, ch. 98-199; s. 3, ch. 99-388.

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