Fla. Stat. 636.044
Agent licensing


(1)

With respect to a prepaid limited health services contract, a person may not, unless licensed and appointed as a health insurance agent in accordance with the applicable provisions of the insurance code:Solicit contracts or procure applications; orEngage or hold herself or himself out as engaging in the business of analyzing or abstracting prepaid limited health services contracts or of counseling or advising or giving opinions to persons relative to such contracts other than as a consulting actuary advising a prepaid limited health service organization or as a salaried bona fide full-time employee so counseling and advising her or his employer relative to coverage for the employer and her or his employees.

(a)

Solicit contracts or procure applications; or

(b)

Engage or hold herself or himself out as engaging in the business of analyzing or abstracting prepaid limited health services contracts or of counseling or advising or giving opinions to persons relative to such contracts other than as a consulting actuary advising a prepaid limited health service organization or as a salaried bona fide full-time employee so counseling and advising her or his employer relative to coverage for the employer and her or his employees.

(2)

All qualifications, disciplinary provisions, licensing and appointment procedures, fees, and related matters contained in the insurance code which apply to the appointment of health insurance agents by insurers also apply to prepaid limited health service organizations and to persons appointed by prepaid limited health service organizations as their agents.

(3)

Examination, licensure, or appointment is not required of any regular salaried officer or employee of a prepaid limited health service organization who devotes substantially all of her or his services to activities other than the solicitation of prepaid limited health service organization contracts from the public and who receives no commission or other compensation directly dependent upon the solicitation of such contracts.

(4)

As used in this section, the term “salaried” refers to basic remuneration and does not include commissions, bonuses, or any other compensatory measures.

(5)

A person registered as a seller of travel under s. 559.928 is not required to be licensed under this section in order to sell prepaid limited health service contracts that cover the cost of transportation provided by an air ambulance service licensed pursuant to s. 401.251. The prepaid limited health service contract for such coverage is, however, subject to all applicable provisions of this chapter.

Source: Section 636.044 — Agent licensing, https://www.­flsenate.­gov/Laws/Statutes/2024/0636.­044 (accessed Aug. 7, 2025).

636.002
Short title
636.003
Definitions
636.004
Applicability of other laws
636.005
Incorporation required
636.006
Insurance business not authorized
636.007
Certificate of authority required
636.008
Application for certificate of authority
636.009
Issuance of certificate of authority
636.012
Continued eligibility for certificate of authority
636.015
Language used in contracts and advertisements
636.016
Prepaid limited health service contracts
636.017
Rates and charges
636.018
Changes in rates and benefits
636.019
Additional contract contents
636.022
Restrictions upon expulsion or refusal to issue or renew contract
636.023
Charter
636.024
Execution of contracts
636.025
Validity of noncomplying contracts
636.026
Construction of contracts
636.027
Delivery of contract
636.028
Notice of cancellation of contract
636.029
Construction and relationship with other laws
636.032
Acceptable payments
636.033
Certain words prohibited in name of organization
636.034
Extension of benefits
636.035
Provider arrangements
636.036
Administrative, provider, and management contracts
636.037
Contract providers
636.038
Complaint system
636.039
Examination by the office
636.042
Assets, liabilities, and investments
636.043
Annual, quarterly, and miscellaneous reports
636.044
Agent licensing
636.045
Minimum surplus requirements
636.046
Insolvency protection
636.047
Officers’ and employees’ fidelity bond
636.048
Suspension or revocation of certificate of authority
636.049
Administrative penalty in lieu of suspension or revocation
636.052
Civil remedy
636.053
Injunction
636.054
Payment of judgment by prepaid limited health service organization
636.055
Levy upon deposit limited
636.056
Rehabilitation, conservation, liquidation, or reorganization
636.057
Fees
636.058
Investigative power of department and office
636.059
Unfair methods of competition, unfair or deceptive acts or practices defined
636.062
Appeals from the office or department
636.063
Civil liability
636.064
Confidentiality
636.065
Acquisitions
636.066
Taxes imposed
636.067
Rules
636.0145
Certain entities contracting with Medicaid
636.0155
Disclosures required in contracts and marketing materials
636.0201
Genetic information restrictions

Current through Fall 2025

§ 636.044. Agent licensing's source at flsenate​.gov