reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.290 - Forms and Submission of Forms through the Education Database

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department has established an online
				application on its website for all activity relating to approval of providers,
				school officials, courses, course offerings, instructors, and the filing of
				rosters and other information relating to pre-licensing courses required by
				rule or statute to be filed with the Department. The system can be accessed at
				the Department's website,
http://www.myfloridacfo.com/division/agents
,
				by clicking on the MyProfile login.
(2) All forms necessary to comply with filing
				requirements outlined in this rule chapter shall be accessed through the
				Department's Education Database as described in subsection (1), above. All
				forms necessary to comply with filing requirements outlined in this rule
				chapter are adopted and incorporated by reference in subsection (4),
				below.
(3) The Education Database
				shall provide written notification of all application approvals. If, during the
				review process, the Department requests additional information through the
				system, the provider shall respond to the request for additional information
				using the system.
(4) The following
				forms are hereby incorporated by reference and are available on the
				Department's website as provided above:
(a)
				DFS-H2-397, Offering Application, Rev. 3/2014,
http://www.flrules.org/Gateway/reference.asp?No=Ref-04471
.
(b) DFS-H2-398, Instructor Application, Rev.
				3/2014,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04473
.
(c) DFS-H2-1668, Certificate of Completion,
				Eff. 2/2006,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04475
.
(d) DFS-H2-400, Attendance Roster Detail,
				Rev. 3/2014,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04476
.
(e) DFS-H2-464, Provider Application, Rev.
				3/2014,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04478
.
(f) DFS-H2-1137, School Official/Supervising
				Instructor Application, Rev. 3/2014,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04480
.
(g) DFS-H2-1268, Course Application, Rev.
				3/2014,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04483
.
(h) DFS-H2-2130, Florida Insurance
				Examination Content Outlines, Eff. 1/2014,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04485
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.300 - Transition Time in the Event of Rule Changes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.745,
					 648.34,
					 648.37
					 FS.
New 4-11-94, Formerly 4-211.300,
					  69B-211.300, Repealed
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.310 - Grounds for Disapproval, Suspension, or Revocation of Approval of a Provider, School Official, Supervising Instructor, or Instructor; Other Penalties

Current through Reg. 50, No. 138; July 16, 2024
The Department shall disapprove an application or, fine,
				  order restitution by, suspend, or revoke approval of a provider, school
				  official, or instructor if:
(1)
				Consistent with the standards in rule Chapters 69B-231 and 69B-241, F.A.C., it
				finds that the individual, entity, or officer, owner or director thereof, has
				had a license, permit, registration, or other authority to conduct business in
				the areas of education, insurance, or other financial services industry subject
				to a finding, injunction, suspension, prohibition, revocation, denial,
				judgment, final agency action, or administrative order by any court of
				competent jurisdiction, administrative law proceeding, state agency, federal
				agency, or federally established regulatory body or association;
(2) Consistent with the standards in Section
				 626.207, F.S., and Rule
				 69B-211.042, F.A.C., it finds
				that the individual, entity, or officer, owner or director thereof, has
				criminal history;
(3) The
				individual, entity, or officer, owner or director thereof, has not otherwise
				met the qualifications specified in this rule chapter or has violated any
				provision of this rule chapter;
(4)
				The individual, entity, or officer, owner or director thereof, lacks the
				knowledge, competence, fitness or trustworthiness to fulfill the educational
				objectives of Sections
				 626.2815,
				 626.2817,
				 627.7015,
				 627.7074,
				 627.745,
				 648.385 and
				 648.386, F.S.
(5) The individual, entity, or officer, owner
				or director thereof, whether or not licensed as an agent or agency, title agent
				or agency, adjuster or adjusting firm, customer representative, service
				representative, or managing general agent, violates any provision of Section
				 626.611 or
				 626.621,
				F.S.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1), 624.418, 624.4211, 626.2817, 626,611,
					  626.621,
					  626.681,
					  626.732(1)(a),
					  626.7351,
					  626.7851,
					  626.8311,
					  626.8417,
					  626.927,
					  627.7015,
					  627.7074,
					  627.745,
					  648.34,
					  648.37 FS.
New 4-11-94, Formerly 4-211.310,
					  69B-211.310, Amended 9-1-14,
					 3-31-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.320 - Curriculum Standards for Special Designation

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Sections
				   626.221(2)  and
				   626.7351, F.S., the Department
				  of Financial Services establishes the following curriculum standards:
(1) Application process.
(a) An application for approval of a
				designation course curriculum must be submitted in accordance with the
				submission procedures in Rule
				 69B-227.290, F.A.C.
(b) All course curriculum materials, other
				than outlines and study manuals prepared by the Department, must be submitted
				in accordance with the submission procedures in Rule
				 69B-227.290,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.330 - Timeline for Submissions

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				application must be complete within 60 days of initial submission to the
				Department or it shall be closed.
(2) If the Department determines an
				application is incomplete, it shall notify the applicant of deficiencies. If
				identified deficiencies are not resolved within 20 days from the date of the
				Department's deficiency notice, the application shall be
				closed.
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 624.418,
					 626.2817,
					 626.611,
					 626.621,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.745,
					 648.34
					 FS.
New 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.340 - Course Audits

Current through Reg. 50, No. 138; July 16, 2024
The Department shall audit courses and provider records with
				  or without notice to the provider. Providers shall give the Department access
				  to all approved courses within 3 days of the course offering. Audits shall
				  result in notice to the provider of deficiencies found and of corrective action
				  required where warranted. The Department shall disapprove the course if the
				  provider fails to correct the deficiencies within thirty (30) days from the
				  date of the notice of deficiency.
Rulemaking Authority
					 626.2817 FS. Law Implemented
					 626.2817
					 FS.
New 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.010 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish requirements
				  and standards for all continuing education courses, providers of continuing
				  education courses, and records for all persons licensed to transact business or
				  adjust claims in insurance or act as a limited surety or bail bond agent in
				  this state.
Rulemaking Authority
					 624.308,
					 626.2816,
					 648.26(1)(a),
					 648.386(4) FS.
					 Law Implemented  624.307(1),
					  626.2815,
					  626.2816,
					  626.869,
					  648.385,
					  648.386 FS.
New 8-17-93, Amended 4-29-01, Formerly 4-228.010, Amended
					 1-17-05, 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.020 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule chapter shall apply to:
(a) All types and classes of licenses for
				which an examination is required for licensure pursuant to Chapters 626 and
				648, F.S.
(b) All course providers,
				contact persons, instructors, school officials, supervising instructors, and
				monitors of continuing education courses.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.030 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this rule chapter, the following definitions
				  shall apply:
(1) "Advertising" means
				the making of a representation in any form in connection with a provider of
				education or other business in order to promote continuing education credits.
				Forms of communication include, but are not limited to: television, radio,
				internet including social media, newspaper, text messaging or other means of
				instant messaging, email, or other forms of electronic communication.
(2) "Approved" means the Department has
				determined that the provider, course, school official, supervising instructor,
				instructor, or course offering has met the criteria set forth in Rules
				 69B-228.040 through
				 69B-228.090, F.A.C.
(3) "Audit" means Department activity to
				monitor or evaluate classroom, seminar, webcast, interactive online, and
				correspondence courses, examination sites, administrative offices, and provider
				and licensee records.
(4) "Blended
				course" means a course that consists of a combination of the classroom,
				self-study correspondence or self-study online study methods.
(5) "Classroom course" means a course that is
				designed to be presented to a group of students by a live instructor using
				lecture, video, webcast, virtual or other audio-video presentation.
(6) "Completion" when used in the context of:
(a) Correspondence course, means a passing
				grade of 70 percent or better on the final examination.
(b) Classroom course, means attendance for
				the full amount of time approved for each course.
(c) Seminar, means attendance for the full
				amount of time assigned for each workshop or break-out session selected, not to
				exceed the total hours approved for the course.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.040 - Course Providers

Current through Reg. 50, No. 138; July 16, 2024
(1) Application
				Procedure. An application for approval and registration to be a provider shall
				be electronically submitted to the Department on Form DFS-H2-464, Provider
				Application, which is incorporated by reference in Rule
				 69B-228.180, F.A.C.
(2) A course provider applicant shall be
				approved unless any grounds for disapproval listed in Rule
				 69B-228.210, F.A.C.,
				exist.
(3) Provider Requirements.
(a) A provider shall not offer a course that
				is required for licensure that has not been approved by the Department pursuant
				to this rule chapter.
(b) The
				provider shall designate a school official who will be responsible for the
				actions of the provider on Form DFS-H2-464, Provider Application, which is
				incorporated by reference in Rule
				 69B-228.180, F.A.C. The provider
				shall inform the Department of a change in the designated school official
				within 30 days of the change. The provider must have at least one approved
				school official designated at all times. The provider shall not allow any
				individual to act as a school official who has not been approved as such by the
				Department.
(c) Providers shall
				maintain the records of each individual course offering for 5 years from the
				end date including:
1. Attendance and
				completion records for each student.
2. Student identity verification.
3. Resume and other qualification
				documentation for instructors.
4.
				Course outline, test, quiz and exam, instructor notes, and other materials used
				during the offering of the course.
5. Registration material.
6. Records of fees charged to students,
				payments, or purchases of required textbooks, manuals, or other materials used
				in the course.
7. All supplemental
				course materials.
8. All written
				correspondence with students.
(d) Providers shall certify that course
				instructors are experienced and qualified in the subject to be taught and meet
				the qualification requirements of this rule chapter.
(e) Providers shall produce on demand to the
				Department a physical or electronic copy of any record required to be
				maintained.
(f) Providers shall
				submit within 30 days, in accordance with the submission procedures in Rule
				 69B-228.180, F.A.C., any changes
				to the following information of the provider or school official: personal or
				business name, federal tax identification number, ownership, telephone number,
				mailing address, email address, or administrative office
				address.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.050 - Supervising Instructor for Bail Bond Agent Courses and School Officials

Current through Reg. 50, No. 138; July 16, 2024
(1) An initial application for supervising
				instructor and school official approval and registration is part of the
				application for provider approval in accordance with Rule
				 69B-228.040, F.A.C. If a
				provider wants to appoint a new or additional supervising instructor or school
				official, the provider shall electronically submit to the Department an
				application for approval and registration on Form DFS-H2-1137, School
				Official/Supervising Instructor Application, which is incorporated by reference
				in Rule  69B-228.180, F.A.C.
(2) The Department shall not approve a
				supervising instructor or school official if:
(a) The School Official/Supervising
				Instructor Application form is incomplete.
(b) The school official or supervising
				instructor has had a license revoked by this state or any other state, country
				or territory.
(c) The school
				official or supervising instructor has otherwise violated any insurance
				regulation, including this rule chapter.
(d) The school official or supervising
				instructor has been found guilty of or has pleaded guilty or nolo contendere to
				a felony or crime punishable by imprisonment of one year or more under the laws
				of the United States of America or of any state thereof or under the laws of
				any country or territory.
(e) The
				school official or supervising instructor is not in compliance with any
				continuing education requirements.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.060 - Instructors and Guest Lecturers

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				application for registration as a course instructor shall be electronically
				submitted to the Department by the individual on Form DFS-H2-398, Instructor
				Application, which is incorporated by reference in Rule
				 69B-228.180, F.A.C.
(2) Providers shall certify that course
				instructors are: registered with the Department; experienced and qualified in
				the subject matter to be taught; qualified to act as an instructor in
				accordance with the criteria listed in paragraph (2)(a) or (b), below; and not
				disqualified pursuant to paragraph (2)(c), below.
(a) For all continuing education courses, a
				registered instructor must meet at least one of the following requirements:
1. Have at least 10 years working experience
				in the subject matter in the last 20 years.
2. Have at least 200 hours instructing in the
				subject matter in the last 4 years.
3. Possess a chartered property and casualty
				underwriter (CPCU) or chartered life underwriter (CLU) designation.
4. Have a Risk Management Insurance
				degree.
5. Membership in the
				Florida Bar Association with minimum of 2 years of law practice or counsel in
				the subject area being taught.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.090 - Course Offerings

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Each provider must electronically submit
				a course offering on Form DFS-H2-397, Offering Application, which is
				incorporated by reference in Rule
				 69B-228.180, F.A.C., each time
				an approved course is offered. The application must be submitted to the
				Department at least 5 business days, but no more than 1 year, prior to the date
				and time the course is offered.
(b)
				National course offerings for classroom courses being held outside of the State
				of Florida shall be submitted no later than 5 business days from the completion
				date of the course. A national course, as defined herein, means an approved
				program of instruction in insurance related topics, offered by an approved
				provider, and leads to a professional designation or is a course offered to
				individuals who must update their designation once it is
				earned.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.100 - Certification of Students

Current through Reg. 50, No. 138; July 16, 2024
(1) The provider
				shall electronically submit to the Department a completed Form DFS-H2-400,
				Attendance Roster Detail, which is incorporated by reference in Rule
				 69B-228.180, F.A.C., of all
				students who have satisfactorily completed the course. The Roster must be
				received by the Department within 21 days after course completion.
(2) Form DFS-H2-1668, Certificate of
				Completion, which is incorporated by reference in Rule
				 69B-228.180, F.A.C., shall be
				issued to each person satisfactorily completing a course. "Satisfactory
				completion," as used herein, shall mean:
(a)
				Attendance or instruction of an entire classroom or seminar course,
				or
(b) Achieving a minimum score of
				70 percent on the final examination of a self-study course, or
(c) Attendance or instruction of a
				partial-credit session of a seminar course.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.110 - Textbooks (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.2815,
					 626.869(5)
					 FS.
New 8-17-93, Amended 4-29-01, Formerly 4-228.110, Repealed
					 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.120 - Course Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.2815,
					 626.869(5)
					 FS.
New 8-17-93, Amended 4-29-01, Formerly 4-228.120, Repealed
					 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.130 - Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.2815,
					 626.869(5)
					 FS.
New 8-17-93, Amended 4-29-01, Formerly 4-228.130, Repealed
					 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.150 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) An approved course provider that places
				or causes to be placed an advertisement for a continuing education course bears
				sole responsibility for the content of the advertisement and its compliance
				with this rule chapter.
(2) Only
				courses approved by the Department can be advertised as such.
(3) Advertising shall be truthful, clear, and
				not deceptive or misleading.
(4)
				Advertising of approved continuing education courses shall be clearly
				distinguishable from the advertisement of all other courses and services which
				have not been approved to meet continuing education requirements.
(5) Advertising Requirements:
(a) Advertisements for Florida continuing
				education courses shall include:
1. The name
				of each approved provider and provider ID number as on record with the
				Department.
2. The name of each
				approved course and course ID number as on record with the
				Department.
3. The number of hours
				approved for Florida continuing education credit. If the course is longer than
				the number of hours of Florida continuing education credit to be given, the
				advertisement shall clearly state that credit is not earned for the entire
				course.
4. Continuing education
				advertising related to an approved continuing education course shall include
				the following statement: "This course has been approved by the Florida
				Department of Financial Services for insurance continuing education credit."
				This statement shall be prominently displayed on the
				advertisement.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.180 - Forms and Submission of Forms through the Education Database

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department has established an online
				application on its website for all activity relating to approval of providers,
				school officials, courses, course offerings, instructors, and the filing of
				rosters and other information relating to continuing education courses required
				by rule or statute to be filed with the Department. The system can be accessed
				at the Department's website at
http://www.myfloridacfo.com/division/agents
,
				by clicking on the MyProfile login.
(2) All forms necessary to comply with filing
				requirements outlined in this rule chapter shall be accessed through the
				Department's Education Database as described in subsection (1), above. All
				forms necessary to comply with filing requirements outlined in this rule
				chapter are incorporated by reference in subsection (4), below.
(3) The Education Database shall provide
				written notification of all application approvals. If necessary, during the
				review process, the Department will send a request for additional information
				using the system.
(4) The following
				forms are hereby incorporated by reference and are available on the
				Department's website as provided above:
FORM
TITLE
REVISED
(a)
DFS-H2-397
Offering Application
http://www.flrules.org/Gateway/reference.asp?No=Ref-08078
rev. 3/14
(b)
DFS-H2-398
Instructor Application
http://www.flrules.org/Gateway/reference.asp?No=Ref-08073
rev. 3/14
(c)
DFS-H2-1668
Certificate of Completion
http://www.flrules.org/Gateway/reference.asp?No=Ref-08076
rev. 2/06
(d)
DFS-H2-400
Attendance Roster Detail
http://www.flrules.org/Gateway/reference.asp?No=Ref-08072
rev. 3/14
(e)
DFS-H2-460
Request for Extension of Time
http://www.flrules.org/Gateway/reference.asp?No=Ref-08079
rev. 5/16
(f)
DFS-H2-464
Provider Application
http://www.flrules.org/Gateway/reference.asp?No=Ref-08074
rev. 3/14
(g)
DFS-H2-1106
Statement of Governmental Status
http://www.flrules.org/Gateway/reference.asp?No=Ref-08080
rev. 10/02
(h)
DFS-H2-1109
Reducation of Continuing Education Requirement
http://www.flrules.org/Gateway/reference.asp?No=Ref-08081
rev. 10/14
(i)
DFS-H2-1137
School Official/Supervising Instructor
							 Application
http://www.flrules.org/Gateway/reference.asp?No=Ref-08075
rev. 3/14
(j)
DFS-H2-1268
Course Application
http://www.flrules.org/Gateway/reference.asp?No=Ref-08082
rev. 3/14
(k)
DFS-H2-2081
4-Hour Law and Ethics Update
http://www.flrules.org/Gateway/reference.asp?No=Ref-14341
eff. 07/22
(l)
DFS-H2-2111
4-Hour Law and Ethics Update - Bail Bonds
http://www.flrules.org/Gateway/reference.asp?No=Ref-14342
eff. 07/22
Rulemaking Authority
					 624.308,
					 626.2816,
					 648.26,
					 648.386 FS. Law Implemented
					  624.307,
					  624.501,
					  626.2815,
					  626.2816,
					  626.869,
					  648.386 FS.
New 8-17-93, Amended 4-29-01, Formerly 4-228.180, Amended
					 8-4-13, 4-12-17, 10-20-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.190 - Transition Time in the Event of Rule Changes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308,
					 648.26 FS. Law Implemented
					 624.307(1),
					 624.501,
					 626.2815,
					 626.611,
					 626.621,
					 626.681,
					 626.869(5),
					 648.386
					 FS.
New 8-17-93, Amended 4-29-01, Formerly 4-228.190, Repealed
					 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.210 - Grounds for Disapproval, Suspension, or Revocation of Approval of a Provider, School Official, Supervising Instructor, or Instructor; Other Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall disapprove an application or, fine, order restitution by, suspend, or
				revoke approval of any course, a provider, school official, supervising
				instructor, or instructor if:
(a) Consistent
				with the standards in rule Chapters 69B-231 and 69B-241, F.A.C., it finds that
				the individual, entity, or officer, owner or director thereof, has had a
				license, permit, registration, or other authority to conduct business in the
				areas of education, insurance, or other financial services industry subject to
				a finding, injunction, suspension, prohibition, revocation, denial, judgment,
				final agency action, or administrative order by any court of competent
				jurisdiction, adminstrative law proceeding, state agency, federal agency, or
				federally established regulatory body or association.
(b) The individual, entity, or officer, owner
				or director thereof, has not otherwise met the qualifications specified in this
				rule chapter or has violated any provision of this rule chapter.
(c) The individual, entity, or officer, owner
				or director thereof, lacks the knowledge, competence, fitness or
				trustworthiness to fulfill the educational objectives of Sections
				 626.2815,
				 626.2816,
				 626.869,
				 627.7015,
				 627.7074,
				 627.745,
				 648.385, and
				 648.386, F.S.
(d) The individual, entity, or officer, owner
				or director thereof, whether or not licensed as an agent or agency, title agent
				or agency, adjuster or adjusting firm, customer representative, service
				representative, or managing general agent, violates any provision of Section
				 626.611 or
				 626.621,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.220 - Licensee Compliance; Requirements; Penalties for Non-Compliance

Current through Reg. 50, No. 138; July 16, 2024
(1) General Requirements:
(a) Each licensee subject to the continuing
				education requirements in Section
				 626.2815, F.S., must complete
				all required hours by the end of the licensee's birth month after being
				licensed 24 months and every 2 years thereafter.
1. After the first compliance year is
				established, a licensee shall continue to meet the applicable continuing
				education requirements every 2 years thereafter regardless of when additional
				licenses or appointments are added.
2. As subsequent licensure is granted for
				other lines of insurance requiring continuing education, the licensee's
				compliance date will remain the same.
3. The total 2 year requirement remains in
				that same yearly sequence for all license types combined and not in alternating
				years.
4. An individual submitting
				an application for licensure in the same line of insurance that has previously
				been held, within 4 years from the date of cancellation or expiration of the
				previous license, is responsible for completing the deficient continuing
				education hours prior to issuance of appointments on the newly issued license.
a. Deficient continuing education hours shall
				be waived by the following:
(I) Since
				cancellation or expiration of the license, the individual successfully
				completed a prelicensing course for the type and class applied for.
(II) Since cancellation or expiration of the
				license, the individual passed the state examination for the type and class
				applied for.
(III) Since
				cancellation or expiration of the license, the individual completed an
				insurance designation course for the type and class applied for which is also
				named in the continuing education law, Section
				 626.2815, F.S.
(IV) Since cancellation of the license, the
				individual completed the continuing education requirements of another state
				that is reciprocal with Florida.
(V) The individual was exempt from continuing
				education pursuant to Rule
				 69B-228.250,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.230 - Extensions

Current through Reg. 50, No. 138; July 16, 2024
(1) A request for an extension of time to
				complete continuing education requirements must be submitted to the Department
				on Form DFS-H2-460, Request for Extension of Time, which is incorporated by
				reference in Rule  69B-228.180, F.A.C., a minimum
				of 15 days prior to the compliance date.
(2) The Department shall grant an extension
				of time of 90 days to complete the minimum continuing education requirement to
				an individual upon a showing of good cause.
(3) "Good cause" means an incident or
				occurrence which is beyond the control of the applicant and which prevents
				compliance. Examples of good cause include: Disabling accident, illness, or
				declared national emergency.
(4) A
				granted request for extension of time shall only apply to a single compliance
				cycle.
(5) Receiving an extension
				to complete continuing education does not eliminate the requirement to maintain
				an active appointment within a 48 month period to retain licensure.
(6) Failure to complete continuing education
				requirements before the expiration of a granted extension shall result in the
				termination of appointments as prescribed in Section
				 626.2815(9),
				F.S.
(7) A maximum of four (4)
				90-day extensions may be granted for each compliance period if acceptable
				documentation is received by the Department.
(8) Licensees who are unable to comply with
				the continuing education requirements due to active duty in the military shall
				submit a written request for a waiver to the Department pursuant to Section
				 626.2815(2),
				F.S.
(a) The waiver request must include a
				copy of the military orders.
(b)
				The timeframe for active duty, as listed within the military orders, must fall
				within the compliance cycle.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.240 - Applicability of Continuing Education Requirement for New Licensees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.2815,
					 626.869(5)
					 FS.
New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.240,
					 Repealed 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.250 - Exempted Licensees

Current through Reg. 50, No. 138; July 16, 2024
(1) Members of a
				governmental entity.
(a)
1. Licensees who are officials or employees
				of a Florida entity as set forth in Section
				 626.2815(3)(h),
				F.S., are exempt from the continuing education requirements.
2. To qualify for this status, the licensee
				must complete and submit Form DFS-H2-1106, Statement of Government Status,
				which is incorporated by reference in Rule
				 69B-228.180, F.A.C., to the
				Department prior to the licensee's compliance date.
3. Employment must:
a. Consist of 20 hours per week or more;
				and,
b. Have a position description
				with duties and responsibilities that are determined by the Department to
				require monitoring and review of insurance laws, regulation, and
				practices.
4. Within 30
				days of a status change which disqualifies the licensee from the exemption, the
				licensee shall notify the Department in writing.
5. On the next compliance date after the
				status has been changed for at least 24 months, the requirements will apply
				without the exemption.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.260 - Timeline for Submissions

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				application must be complete within 60 days of initial submission to the
				Department or it shall be closed.
(2) If the Department determines that an
				application is incomplete, it shall notify the applicant of the deficiencies.
				If the identifed deficiencies are not resolved within 20 days from the date of
				the Department's deficiency notice, the application will be
				closed.
Rulemaking Authority
					 624.308(1),
					 626.2816 FS. Law Implemented
					 120.60(1),
					 624.307(1),
					 626.2815,
					 626.2816
					 FS.
New 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-228 - CONTINUING EDUCATION › Section 69B-228.270 - Course Audits

Current through Reg. 50, No. 138; July 16, 2024
The Department shall audit courses and provider records with
				  or without notice to the provider. Providers shall give the Department access
				  to all approved courses within 3 days of the course offering. Audits shall
				  result in notice to the provider of deficiencies found and of corrective action
				  required where warranted. The Department shall disapprove the course if the
				  provider fails to correct the deficiencies within 30 days from the date of the
				  notice of deficiency.
Rulemaking Authority
					 624.308(1),
					 626.2816 FS. Law Implemented
					 626.2816
					 FS.
New 4-12-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.010 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to implement the
				  Department's duty under sections
				   624.307(1),
				   626.207(8), and
				   626.9954, F.S., to enforce
				  sections  626.611,
				   626.621,
				   626.631,
				   626.641,
				   626.681,
				   626.691,
				   626.8437,
				   626.844,
				   626.8443, and
				   626.9954, F.S., by establishing
				  standards for penalties described in those statutory sections, and interpreting
				  provisions in those sections as they relate to penalties imposed upon licensees
				  specified in rule  69B-231.020,
				  F.A.C.
Rulemaking Authority
					 624.308(1),
					 626.207(8),
					 626.9957(12),
					 626.9958 FS. Law Implemented
					  624.307(1),
					  624.308,
					  626.207,
					  626.9954,
					  626.9957 FS.
New 7-13-93, Amended 9-23-02, Formerly 4-231.010, Amended
					 8-15-06, 9-10-14, 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.020 - Scope

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter shall apply to all resident and nonresident
				  insurance agents, title insurance agents and agencies, surplus lines agents,
				  managing general agents, customer representatives, adjusters, navigators and
				  service representatives licensed or appointed under chapter 626, F.S., who are
				  subject to discipline under sections
				   626.611,
				   626.621,
				   626.8437,
				   626.844, and
				   626.9957, F.S.
Rulemaking Authority
					 624.308(1),
					 626.207(8),
					 626.9957(12),
					 626.9958 FS. Law Implemented
					  624.307(1),
					  624.308,
					  626.207,
					  626.611,
					  626.621,
					  626.8437,
					  626.844,
					  626.9957 FS.
New 7-13-93, Amended 8-15-00, 9-23-02, Formerly 4-231.020,
					 Amended 8-15-06, 9-10-14, 9-13-15,
					 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.030 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions shall apply for purposes of this
				  rule chapter.
(1) "Administrative
				complaint" means a charging document filed by the Department against a
				licensee.
(2) "Administrative
				actions" means the factual allegations with citations to violations of the
				Florida Insurance Code, Department rules, or a Department order grouped
				together in one or more counts.
(3)
				"Count" means a single allegation or multiple allegations relating to a single
				transaction or occurrence which, if true, would constitute a violation of one
				or more provisions of the Florida Insurance Code.
(4) "Convicted" means adjudicated guilty by a
				court.
(5) "Department" means the
				Florida Department of Financial Services.
(6) "Final penalty" means the penalty imposed
				on a licensee by the Department.
(7) "License" shall have the meaning set
				forth in subsection  120.52(10),
				F.S., which includes registrations.
(8) "Licensee" means one who holds a
				license.
(9) "Penalty per count"
				means the penalty to be assessed for a single count and is the maximum stated
				penalty for a proven violation.
(10) "Stated penalty" means the penalty for
				violations set forth in Rules
				 69B-231.080 through
				 69B-231.150, F.A.C.
(11) "Total penalty" means the sum of all
				maximum stated penalties for each count.
Rulemaking Authority
					 624.308(1),
					 626.9957(12),
					 626.9958 FS. Law Implemented
					 624.307(1),
					 624.308,
					 626.207,
					 626.611,
					 626.621,
					 626.9957
					 FS.
New 7-13-93, Amended 9-23-02, Formerly 4-231.030, Amended
					 8-15-06, 8-12-10, 9-10-14, 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.040 - Calculating Penalty

Current through Reg. 50, No. 138; July 16, 2024
(1) Penalty Per
				Count.
(a) The Department is authorized to
				find that multiple grounds exist under sections
				 626.611,
				 626.621,
				 626.8437,
				 626.844, and
				 626.9957, F.S., to initiate
				disciplinary action against the licensee based upon a single count in an
				administrative complaint and based upon a single act of misconduct by a
				licensee. However, for the purpose of this rule chapter, only the violation
				specifying the maximum stated penalty will be considered for that count. The
				maximum stated penalty established for each count is referred to as the
				"penalty per count."
(b) The
				requirement for a single maximum stated penalty for each count in an
				administrative complaint shall be applicable regardless of the number or nature
				of the violations established in a single count of an administrative
				complaint.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.070 - Prosecutorial Discretion

Current through Reg. 50, No. 138; July 16, 2024
(1) Letter of
				Guidance. Every violation of the Florida Insurance Code, Department rules, or
				an order of the Department will not necessarily result in the imposition of
				disciplinary action against the licensee. The Department is authorized to close
				all or part of an investigation by issuing a letter of guidance or caution to
				the licensee, if warranted upon consideration of the factors set forth in
				subsection (1) of Rule
				 69B-231.160, F.A.C.
(2) Stipulated Disposition. The provisions of
				this rule chapter are not intended and shall not be construed to limit the
				ability of the Department to informally dispose of disciplinary actions by
				stipulation, agreed settlement, or consent order.
(3) Cease and Desist Action. The provisions
				of this rule chapter shall not preclude the Department from initiating
				administrative action against licensed or unlicensed individuals for the
				purpose of imposing a cease and desist and penalty order, as authorized under
				sections  624.310 and
				 626.9581, F.S.
(4) Collateral Action. The provisions of this
				rule chapter are not intended and shall not be construed to limit the ability
				of the Department to pursue or recommend collateral, civil, or criminal action
				when appropriate.
Rulemaking Authority
					 624.308(1),
					 626.9957(12),
					 626.9958 FS. Law Implemented
					 624.307(1),
					 624.308,
					 624.310(3),
					 626.207,
					 626.611,
					 626.621,
					 626.681,
					 626.691,
					 626.9521,
					 626.9561,
					 626.9571,
					 626.9581,
					 626.9957
					 FS.
New 7-13-93, Formerly 4-231.070, Amended 8-15-06,
					 Repromgulated 9-10-14, Amended 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.080 - Penalties for Violations of Section 626.611, F.S

Current through Reg. 50, No. 138; July 16, 2024
The following stated penalties shall apply for violations
				  under section  626.611, F.S., regarding
				  compulsory suspension or revocation of license(s) and appointment(s):
(1) Section
				 626.611(1)(a),
				F.S. - revocation.
(2) Section
				 626.611(1)(b),
				F.S. -
(a) Suspension for 12 months if, had
				the license application been accurate, the application would have been granted,
				subject to Department action, based on the statutes and Department licensing
				rules applicable to the application at the time the Department issued the
				license, and the documentation in the applicant's file at the time the
				Department issued the license;
(b)
				Revocation if, had the license application been accurate, the application would
				have been denied, based on the statutes and Department licensing rules
				applicable to the application at the time the Department issued the
				license.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.090 - Penalties for Violations of Section 626.621, F.S

Current through Reg. 50, No. 138; July 16, 2024
The following stated penalties shall apply for violations
				  under section  626.621, F.S., regarding
				  discretionary suspension or revocation of license(s) and
				  appointments(s):
(1) Section
				 626.621(1),
				F.S. - revocation.
(2) Section
				 626.621(2),
				F.S. - suspension for 3 months.
(3)
				Section  626.621(3),
				F.S. - suspension for 3 months.
(4)
				Section  626.621(4),
				F.S. - suspension for 9 months.
(5)
				Section  626.621(5),
				F.S. - suspension for 6 months.
(6)
				Section  626.621(6),
				F.S. - see rule  69B-231.100, F.A.C.
(7) Section
				 626.621(7),
				F.S. - suspension for 6 months.
(8)
				Section  626.621(8),
				F.S. - suspension for 3 months.
(9)
				Section  626.621(9),
				F.S. - suspension for 6 months and re-exam.
(10) Section
				 626.621(10),
				F.S. - suspension for 3 months.
(11) Section
				 626.621(11),
				F.S. - suspension for 6 months.
(12) Section
				 626.621(12),
				F.S. -
(a) The maximum identical or
				substantially similar penalty to the penalty imposed by the court, state or
				federal agency, or national securities, commodities or options exchange or
				association for the same type of violation.
1.
				A penalty of revocation, removal, lifetime bar, lifetime ban, lifetime
				prohibition, or its equivalent, or any suspension with a duration greater than
				24 months, shall result in revocation; and,
2. A penalty of suspension with a duration of
				less than 24 months shall result in a suspension of equal
				duration.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.105 - Penalties for Violations of Section 626.8437, F.S

Current through Reg. 50, No. 138; July 16, 2024
The following stated penalties shall apply for violations
				  under section  626.8437, F.S., where suspension
				  or revocation of license(s) and appointment(s) is required:
(1) Section
				 626.8437(1),
				F.S. - revocation.
(2) Section
				 626.8437(2),
				F.S. -
(a) Suspension for 12 months if, had
				the license application been accurate, the application would have been granted,
				subject to Department action, based on the statutes and Department licensing
				rules applicable to the application at the time the Department issued the
				license, and the documentation in the applicant's file at the time the
				Department issued the license;
(b)
				Revocation if, had the license application been accurate, the application would
				have been denied, based on the statutes and Department licensing rules
				applicable to the application at the time the Department issued the
				license.