S 772

ENROLLED
2026 Legislature  CS for SB 772
  2026772er
1
2An act relating to limited licenses for portable
3electronics or eyewear insurance; amending s. 626.321,
4F.S.; renaming “portable electronics insurance” as
5“portable electronics or eyewear insurance” to include
6eyewear for purposes of insurance coverage and
7licenses; providing construction; defining the term
8“eyewear”; revising the definition of the term
9“portable electronics”; deleting the obsolete
10definition of the term “portable electronics
11transaction”; amending ss. 626.221, 626.732, and
12626.8685, F.S.; conforming provisions to changes made
13by the act; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17Section 1. Paragraph (h) of subsection (1) and subsection
18(4) of section 626.321, Florida Statutes, are amended to read:
19626.321 Limited licenses and registration.—
20(1) The department shall issue to a qualified applicant a
21license as agent authorized to transact a limited class of
22business in any of the following categories of limited lines
23insurance:
24(h) Portable electronics or eyewear insurance.—License for
25property insurance or inland marine insurance that covers only
26loss, theft, mechanical failure, malfunction, or damage for
27portable electronics or eyewear. Such license does not require a
28licensee to sell or offer for sale coverage for both portable
29electronics and eyewear. This paragraph may not be construed as
30requiring two separate licenses to sell or offer for sale
31portable electronics or eyewear insurance.
321. The license may be issued only to:
33a. Employees or authorized representatives of a licensed
34general lines agent; or
35b. The lead business location of a retail vendor that sells
36portable electronics or eyewear insurance. The lead business
37location must have a contractual relationship with a general
38lines agent.
392. Employees or authorized representatives of a licensee
40under subparagraph 1. may sell or offer for sale portable
41electronics or eyewear coverage without being subject to
42licensure as an insurance agent if:
43a. Such insurance is sold or offered for sale at a licensed
44location or at one of the licensee’s branch locations if the
45branch location is appointed by the licensed lead business
46location or its appointing insurers;
47b. The insurer issuing the insurance directly supervises or
48appoints a general lines agent to supervise the sale of such
49insurance, including the development of a training program for
50the employees and authorized representatives of vendors that are
51directly engaged in the activity of selling or offering the
52insurance; and
53c. At each location where the insurance is offered,
54brochures or other written materials that provide the
55information required by this subparagraph are made available to
56all prospective customers. The brochures or written materials
57may include information regarding portable electronics or
58eyewear insurance, service warranty agreements, or other
59incidental services or benefits offered by a licensee.
603. Individuals not licensed to sell portable electronics or
61eyewear insurance may not be paid commissions based on the sale
62of such coverage. However, a licensee who uses a compensation
63plan for employees and authorized representatives which includes
64supplemental compensation for the sale of noninsurance products,
65in addition to a regular salary or hourly wages, may include
66incidental compensation for the sale of portable electronics or
67eyewear insurance as a component of the overall compensation
68plan.
694. Brochures or other written materials related to portable
70electronics or eyewear insurance must:
71a. Disclose that such insurance may duplicate coverage
72already provided by a customer’s homeowners insurance policy,
73renters insurance policy, or other source of coverage;
74b. State that enrollment in insurance coverage is not
75required in order to purchase or lease portable electronics or
76eyewear or services;
77c. Summarize the material terms of the insurance coverage,
78including the identity of the insurer, the identity of the
79supervising entity, the amount of any applicable deductible and
80how it is to be paid, the benefits of coverage, and key terms
81and conditions of coverage, such as whether portable electronics
82or eyewear may be repaired or replaced with similar make and
83model reconditioned or nonoriginal manufacturer parts or
84equipment;
85d. Summarize the process for filing a claim, including a
86description of how to return portable electronics or eyewear and
87the maximum fee applicable if the customer fails to comply with
88equipment return requirements; and
89e. State that an enrolled customer may cancel coverage at
90any time and that the person paying the premium will receive a
91refund of any unearned premium.
925. A licensed and appointed general lines agent is not
93required to obtain a portable electronics and eyewear insurance
94license to offer or sell portable electronics or eyewear
95insurance at locations already licensed as an insurance agency,
96but may apply for a portable electronics and eyewear insurance
97license for branch locations not otherwise licensed to sell
98insurance.
996. A portable electronics and eyewear insurance license
100authorizes the sale of individual policies or certificates under
101a group or master insurance policy. The license also authorizes
102the sale of service warranty agreements covering only portable
103electronics or eyewear to the same extent as if licensed under
104s. 634.419 or s. 634.420.
1057. A licensee may bill and collect the premium for the
106purchase of portable electronics or eyewear insurance provided
107that:
108a. If the insurance is included with the purchase or lease
109of portable electronics or eyewear or related services, the
110licensee clearly and conspicuously discloses that insurance
111coverage is included with the purchase. Disclosure of the stand
112alone cost of the premium for same or similar insurance must be
113made on the customer’s bill and in any marketing materials made
114available at the point of sale. If the insurance is not
115included, the charge to the customer for the insurance must be
116separately itemized on the customer’s bill.
117b. Premiums are incidental to other fees collected, are
118maintained in a manner that is readily identifiable, and are
119accounted for and remitted to the insurer or supervising entity
120within 60 days of receipt. Licensees are not required to
121maintain such funds in a segregated account.
122c. All funds received by a licensee from an enrolled
123customer for the sale of the insurance are considered funds held
124in trust by the licensee in a fiduciary capacity for the benefit
125of the insurer. Licensees may receive compensation for billing
126and collection services.
1278. Notwithstanding any other provision of law, the terms
128for the termination or modification of coverage under a policy
129of portable electronics or eyewear insurance are those set forth
130in the policy.
1319. Notice or correspondence required by the policy, or
132otherwise required by law, may be provided by electronic means
133if the insurer or licensee maintains proof that the notice or
134correspondence was sent. Such notice or correspondence may be
135sent on behalf of the insurer or licensee by the general lines
136agent appointed by the insurer to supervise the administration
137of the program. For purposes of this subparagraph, an enrolled
138customer’s provision of an electronic mail address to the
139insurer or licensee is deemed to be consent to receive notices
140and correspondence by electronic means if a conspicuously
141located disclosure is provided to the customer indicating the
142same.
14310. The fingerprinting requirements in s. 626.171(4) do not
144apply to licenses issued to qualified entities under this
145paragraph.
14611. A branch location that sells portable electronics or
147eyewear insurance may, in lieu of obtaining an appointment from
148an insurer or warranty association, obtain a single appointment
149from the associated lead business location licensee and pay the
150prescribed appointment fee under s. 624.501 if the lead business
151location has a single appointment from each insurer or warranty
152association represented and such appointment applies to the lead
153business location and all of its branch locations. Branch
154location appointments shall be renewed 24 months after the
155initial appointment date of the lead business location and every
15624 months thereafter. Notwithstanding s. 624.501, the renewal
157fee applicable to such branch location appointments is $30 per
158appointment.
15912. For purposes of this paragraph:
160a. “Branch location” means any physical location in this
161state at which a licensee offers its products or services for
162sale.
163b.“Eyewear” means smart glasses and nonelectronic eyewear.
164As used in this sub-subparagraph, the term “nonelectronic
165eyewear” includes prescription and nonprescription eyeglasses
166and sunglasses.
167c.[b.] “Portable electronics” means equipment that is
168personal, self-contained, easily carried, by an individual; has
169electrical, digital, magnetic, wireless, electromagnetic, or
170similar capabilities; and operates using batteries, rechargeable
171power sources, or other energy sources. The term includes
172equipment used for communication; data processing; viewing;
173listening; recording; gaming; computing; navigation; household,
174health or activity monitoring; or similar uses and may also
175incorporate features responsive to user input or environmental
176conditions [personal, self-contained, easily carried by an]
177[individual, battery-operated electronic communication, viewing,]
178[listening, recording, gaming, computing or global positioning]
179[devices, including cell or satellite phones, pagers, personal]
180[global positioning satellite units, portable computers, portable]
181[audio listening, video viewing or recording devices, digital]
182[cameras, video camcorders, portable gaming systems, docking]
183[stations, automatic answering devices, and other similar devices]
184[and their accessories, and service related to the use of such]
185[devices].
186[c.][“Portable electronics transaction” means the sale or]
187[lease of portable electronics or a related service, including]
188[portable electronics insurance.]
189(4) Except as otherwise expressly provided, a person
190applying for or holding a limited license is subject to the same
191applicable requirements and responsibilities that apply to
192general lines agents in general if licensed as to motor vehicle
193physical damage and mechanical breakdown insurance, industrial
194fire insurance or burglary insurance, motor vehicle rental
195insurance, credit insurance, crop hail and multiple-peril crop
196insurance, in-transit and storage personal property insurance,
197or portable electronics or eyewear insurance; or as apply to
198life agents or health agents in general, as applicable, if
199licensed as to travel insurance.
200Section 2. Paragraph (b) of subsection (2) of section
201626.221, Florida Statutes, is amended to read:
202626.221 Examination requirement; exemptions.—
203(2) However, an examination is not necessary for any of the
204following:
205(b) An applicant for a limited license as agent for travel
206insurance, motor vehicle rental insurance, credit insurance, in
207transit and storage personal property insurance, or portable
208electronics or eyewear insurance under s. 626.321.
209Section 3. Subsection (7) of section 626.732, Florida
210Statutes, is amended to read:
211626.732 Requirement as to knowledge, experience, or
212instruction.—
213(7) This section does not apply to an individual holding
214only a limited license for travel insurance, motor vehicle
215rental insurance, credit insurance, in-transit and storage
216personal property insurance, or portable electronics or eyewear
217insurance.
218Section 4. Section 626.8685, Florida Statutes, is amended
219to read:
220626.8685 Portable electronics or eyewear insurance claims;
221exemption; licensure restriction.—
222(1) This part does not apply to any individual who collects
223claims information from, or furnishes claims information to,
224insureds or claimants, and who conducts data entry, including
225entering data into an automated claims adjudication system,
226provided that the individual is an employee of a business entity
227licensed under this chapter, or its affiliate, and no more than
22825 such persons are under the supervision of one licensed
229independent adjuster or licensed agent who is exempt from
230licensure pursuant to s. 626.862. For purposes of this
231subsection, the term “automated claims adjudication system”
232means a preprogrammed computer system designed for the
233collection, data entry, calculation, and final resolution of
234portable electronics or eyewear insurance claims that:
235(a) May be used only by a licensed independent adjuster,
236licensed agent, or supervised individual operating pursuant to
237this subsection;
238(b) Must comply with all claims payment requirements of the
239insurance code; and
240(c) Must be certified as compliant with this subsection by
241a licensed independent adjuster that is an officer of a licensed
242business entity under this chapter.
243(2) Notwithstanding any other provision of law, a resident
244of Canada may not be licensed as a nonresident independent
245adjuster for purposes of adjusting portable electronics
246insurance or eyewear claims unless the person has successfully
247obtained an adjuster’s license in another state.
248Section 5. This act shall take effect July 1, 2026.