reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69N - OIR - Administration › Chapter 69N-121 - DEPARTMENTAL ORGANIZATION AND OPERATIONS; RULES OF PRACTICE AND PROCEDURE › Section 69N-121.010 - Indexing, Management, and Availability of Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.533,
					 120.533(1)(b), (e), (i),
					 (j),
					 624.501 FS. Law Implemented
					 119.041(2), 120.53(2)(a)1.-5., (d), (3), (4),
					  120.53 FS., Chapter 91-30,
					 Section 10, Laws of Florida.
New 6-4-92, Amended 3-1-93, 9-19-94, Formerly 4-121.010,
					 Repealed 10-25-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69N - OIR - Administration › Chapter 69N-121 - DEPARTMENTAL ORGANIZATION AND OPERATIONS; RULES OF PRACTICE AND PROCEDURE › Section 69N-121.087 - Fingerprint Fee

Current through Reg. 50, No. 138; July 16, 2024
Each set of fingerprints filed with the Office of Insurance
				  Regulation shall be accompanied by a processing fee. The processing fee shall
				  be the total of the following amounts: $25.00 for processing by the Office; and
				  the fee charged to the Office by the Florida Department of Law Enforcement for
				  its processing of the fingerprint card; and the fee charged to the Office by
				  the Federal Bureau of Investigation for its processing of the fingerprint
				  card.
Rulemaking Authority
					 215.405 FS. Law Implemented
					 215.405,
					 624.307(1),
					 624.34,
					 624.501,
					 626.171(5)
					 FS.
New 10-25-88, Formerly 4-38.055, Amended 9-19-94, Formerly
					 4-121.087.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69N - OIR - Administration › Chapter 69N-127 - FEES AND PROCEDURES REGARDING DEPARTMENT INFORMATION AND SERVICES › Section 69N-127.001 - Database Information

Current through Reg. 50, No. 138; July 16, 2024
The cost for the Annual Report of the Office of Insurance
				  Regulation, pursuant to section
				   624.313(1),
				  F.S., is $30.00.
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 119.07(1)(b),
					 624.307,
					 624.313(3)
					 FS.
New 9-29-92, Amended 4-25-00, Formerly
					 4-127.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69N - OIR - Administration › Chapter 69N-127 - FEES AND PROCEDURES REGARDING DEPARTMENT INFORMATION AND SERVICES › Section 69N-127.002 - Cost of Publications

Current through Reg. 50, No. 138; July 16, 2024
The Office shall establish the cost of each publication
				  issued pursuant to section
				   624.313, F.S., which shall
				  include the cost of printing, binding, writing, editing, typesetting, artwork,
				  photography, and other similar activities, involved with the particular
				  publication, plus the cost of packaging and shipping.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307,
					 624.313(3)
					 FS.
New 9-29-92, Amended 3-8-94, 4-25-00, Formerly
					 4-127.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-23 › Section 69OER23-2 - Claims-Handling Manuals

Current through Reg. 50, No. 138; July 16, 2024
(1) Each authorized
				residential property insurer conducting business in this state must certify and
				attest that the insurer's current claims-handling manuals for residential
				property insurance comply with the requirements of the Florida Insurance Code,
				including the provisions of Section
				627.4108(1),
				F.S., and comport with the usual and customary claims-handling practices of the
				insurance industry. The insurer must also certify and attest that the insurer
				maintains adequate resources available to implement the requirements of each of
				its claims-handling manuals at all times, including during natural disasters
				and catastrophic events.
(2) This
				attestation and certification shall be submitted to the Office no later than
				August 1, 2023, on Form OIR-B3-495, effective 7/23, "Annual Certification of
				Claims-Handling Manuals," incorporated herein by reference and available at
				www.flrules.org/XXXXX. The form may be obtained from
https://www.floir.com
.
(3) Upon request by the Office, insurer will
				provide the Office with a true and correct copy of any claims-handling manual
				requested within 5 business days as specified on Form OIR-B3-496, 7/23,
				"Submission of Requested Claims-Handling Manuals," incorporated herein by
				reference and available at www.flrules.org/XXXXX. The form may be obtained from
https://www.floir.com
. Such
				submission will be accompanied by a completed and signed copy of Form
				OIR-B3-496.
Rulemaking Authority 624.308, 627.4108, F.S. Law
					 Implemented 627.4108, F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-24 - EMERGENCY RULE FOR YEAR 2024 › Section 69OER24-1 - Premium Tax Discounts

Current through Reg. 50, No. 138; July 16, 2024
(1) Each insurer
				subject to paying premium tax, pursuant to section
				624.509, F.S., and the State
				Fire Marshal regulatory assessment, pursuant to section
				624.515, F.S., must provide
				discounts for policies that provide coverage for a 12-month period with an
				effective date between October 1, 2024, and September 30, 2025, consistent with
				the provisions of section
				624.5108, F.S.
(2) The deductions required by section
				624.5108(1),
				F.S., must:
(a) be separately stated on the
				policy declarations page.
(b) be
				provided as part of the renewal notice of the policy or the quote provided on
				new business subject to the time period set forth in paragraph (1). Any insurer
				that has already sent out renewals on policies subject to paragraph (1) has
				until July 31, 2024, to send out revised notices implementing these
				provisions.
(c) be applied to the
				entirety of the premium due at the effectuation of the policy term.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-123 - CIVIL REMEDY › Section 69O-123.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.155, 624.307(1) FS.
New 4-25-90, Formerly 4-103.001, 4-123.001, Repealed
					 1-18-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-123 - CIVIL REMEDY › Section 69O-123.002 - Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented 624.155
					 FS.
New 4-25-90, Formerly 4-103.002, Amended 8-28-00, Formerly
					 4-123.002, Repealed 1-18-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 12-24-74, Formerly 4-3.01, 4-3.001, 4-124.001, Repealed
					 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.002 - Rights of Borrower (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 12-24-74, Formerly 4-3.02, 4-3.002, 4-124.002, Repealed
					 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.010 - Substitution of Policies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 5-20-64, Repromulgated 12-24-74, Formerly 4-3.10,
					 4-3.010, 4-124.010, Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.011 - Renewals; Selection and Approval (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 12-24-74, Formerly 4-3.11, 4-3.011, Formerly 4-124.011,
					 Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.013 - Statement of Anti-coercion; Form (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 12-24-74, Formerly 4-3.13, 4-3.013, 4-124.013, Repealed
					 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.014 - Continuous or Prepaid Policies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 5-20-64, Repromulgated 12-24-74, Formerly 4-3.14,
					 4-3.014, 4-124.014, Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.015 - Lender, Insurance Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1), 626.9951(1)(d)
					 FS.
New 5-20-64, Repromulgated 12-24-74, Formerly 4-3.15,
					 4-3.015, 4-124.015, Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.016 - Title Insurance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 5-20-64, Repromulgated 12-24-74, Formerly 4-3.16,
					 4-3.016, 4-124.016, Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.021 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented
					 626.9541(1)(a), 624.307(1), 626.9551(1)(a)
					 FS.
New 11-24-85, Formerly 4-64.01, 4-64.001, 4-124.021,
					 Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.022 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 626.9541(1)(a), 626.9551(1)(a)
					 FS.
New 11-24-85, Formerly 4-64.02, 4-64.002, 4-124.022,
					 Repealed 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.023 - Qualification for Student Loan Not Contingent on Purchase of Insurance from Insurance Company

Current through Reg. 50, No. 138; July 16, 2024
Concurrent with the solicitation of an application for an
				  insurance product that is marketed in conjunction with obtaining a student loan
				  from the same insurance company, the insurance company shall provide the
				  applicant with a written disclosure form as provided in rule
				  69O-124.024, F.A.C., herein. In
				  the event an applicant refuses to sign the form, the insurance company shall be
				  precluded from selling an insurance policy to the loan applicant unless the
				  company's representative indicates at the bottom of the form that the applicant
				  refuses to sign the form, lists the names of the applicant and the company
				  representative who discussed the form with the applicant, indicates the date
				  the form was discussed with the applicant, and the reason, if any, given by the
				  applicant as to why he or she refuses to sign the form. Each participating
				  insurance company shall maintain said form on file for the life of any and all
				  policies that are written on behalf of the applicant.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 626.9541(1)(a), 626.9551(1)(a)
					 FS.
New 11-24-85, Formerly 4-64.03, 4-64.003,
					 4-124.023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.024 - Disclosure Form

Current through Reg. 50, No. 138; July 16, 2024
The following disclosure form shall be utilized:
IMPORTANT NOTICE TO APPLICANTS REGARDING STUDENT LOANS
				  OBTAINED THROUGH: ___________ Name of Insurance Company
PLEASE READ THE FOLLOWING STATEMENTS CAREFULLY:
1. IF YOU APPLY FOR A STUDENT LOAN FROM AN
				INSURANCE COMPANY, THE INSURANCE LAWS OF THIS STATE PROVIDE THAT YOU CANNOT BE
				REQUIRED TO PURCHASE INSURANCE FROM THE INSURANCE COMPANY IN ORDER TO QUALIFY
				FOR THE LOAN.
2. THE STANDARDS FOR
				QUALIFYING FOR A FEDERAL OR STATE GUARANTEED STUDENT LOAN AS WELL AS THE
				REQUIREMENTS FOR REPAYING EACH LOAN ARE ESTABLISHED BY FEDERAL AND STATE LAW
				AND YOU MUST MEET THESE STANDARDS REGARDLESS OF WHETHER YOU ALSO DECIDE TO
				PURCHASE INSURANCE.
I certify that I have read the above statements and that I
				  understand my rights and privileges relative to the purchase of any insurance
				  in connection with my student loan application.
____________________________
Signature of Insurance Applicant
____________________________
Date
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 626.9541(1)(a), 626.9551(1)(a)
					 FS.
New 11-24-85, Formerly 4-64.04, 4-64.004,
					 4-124.024.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-124 - ANTI-COERCION › Section 69O-124.025 - Readability of Statement

Current through Reg. 50, No. 138; July 16, 2024
Type sizes for the disclosure statement required in rule
				  69O-124.024, F.A.C., herein
				  shall not be less than fourteen (14) point for the heading, twelve (12) point
				  for each of the statements enumerated in the body and eight (8) point for the
				  acknowledgement and signature block. Type style shall be selected with
				  legibility as the primary consideration. The disclosure statement shall appear
				  on a separate sheet of paper with no other text included on the
				  sheet.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 626.9541(1)(a), 626.9551(1)(a)
					 FS.
New 11-24-85, Formerly 4-64.05, 4-64.005,
					 4-124.025.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-125 - UNFAIR DISCRIMINATION › Section 69O-125.002 - Unfair Discrimination in Insurance Rates - Multi-policy Discounts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(g), 627.062, 627.0651, 627.072, 627.151
					 FS.
New 2-7-85, Formerly 4-43.06, 4-43.006, 4-125.002, Repealed
					 9-20-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-125 - UNFAIR DISCRIMINATION › Section 69O-125.004 - Credit Report Use and Disclosure in Consideration of Insurance Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) The purposes and
				scope of this rule are:
(a) To assure that
				insurance applicants are given notice when credit reports will be requested and
				reviewed in underwriting an insurance application; and,
(b) To prevent the unfairly discriminatory
				use of credit reports in underwriting insurance applications.
(c) This rule applies to the underwriting of
				applications for personal lines automobile and homeowners insurance
				only.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-127 - FEES AND PROCEDURES REGARDING DEPARTMENT INFORMATION AND SERVICES › Section 69O-127.001 - Database Information

Current through Reg. 50, No. 138; July 16, 2024
The cost for the Annual Report of the Office of Insurance
				  Regulation, pursuant to section
				  624.313(1),
				  F.S., is $30.00.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 119.07(1)(b), 624.307, 624.313(3) FS.
New 9-29-92, Amended 4-25-00, Formerly
					 4-127.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-127 - FEES AND PROCEDURES REGARDING DEPARTMENT INFORMATION AND SERVICES › Section 69O-127.002 - Cost of Publications

Current through Reg. 50, No. 138; July 16, 2024
The Office shall establish the cost of each publication
				  issued pursuant to section
				  624.313, F.S., which shall
				  include the cost of printing, binding, writing, editing, typesetting, artwork,
				  photography, and other similar activities, involved with the particular
				  publication, plus the cost of packaging and shipping.
Rulemaking Authority 624.308 FS. Law Implemented 624.307,
					 624.313(3) FS.
New 9-29-92, Amended 3-8-94, 4-25-00, Formerly
					 4-127.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.001 - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This
				rule governs the treatment of nonpublic personal health information and
				nonpublic personal financial information about individuals by all licensees
				regulated pursuant to the Florida Insurance Code. In addition, the provisions
				of this rule chapter are applicable to a licensee domiciled in this state that
				engages in activities with respect to persons residing or domiciled in another
				state that has not enacted laws or regulations necessary to comply with the
				requirements of the Gramm-Leach-Bliley Act (PL 102-106). These rules:
(a) Require a licensee to provide notice to
				individuals about its privacy policies and practices;
(b) Describe the conditions under which a
				licensee may disclose nonpublic personal health information and nonpublic
				personal financial information about individuals to affiliates and
				nonaffiliated third parties; and,
(c) Provide methods for individuals to
				prevent a licensee from disclosing that information.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in these rules, unless the context requires
				  otherwise:
(1) "Affiliate" means a
				company that controls, is controlled by or is under common control with another
				company.
(2)
(a) "Clear and conspicuous" means that a
				notice is reasonably understandable and designed to call attention to the
				nature and significance of the information in the notice.
(b) Examples.
1. Reasonably understandable. A licensee
				makes its notice reasonably understandable if it:
a. Presents the information in the notice in
				clear, concise sentences, paragraphs and sections;
b. Uses short explanatory sentences or bullet
				lists whenever possible;
c. Uses
				definite, concrete, everyday words and active voice whenever
				possible;
d. Avoids multiple
				negatives;
e. Avoids legal and
				highly technical business terminology whenever possible; and,
f. Avoids explanations that are imprecise and
				readily subject to different interpretations.
2. Designed to call attention. A licensee
				designs its notice to call attention to the nature and significance of the
				information in it if the licensee:
a. Uses a
				plain-language heading to call attention to the notice;
b. Uses a typeface and type size that are
				easy to read;
c. Provides wide
				margins and ample line spacing;
d.
				Uses boldface or italics for key words; and,
e. In a form that combines the licensee's
				notice with other information, uses distinctive type size, style, and graphic
				devices, such as shading or sidebars.
3. Notices on web sites. If a licensee
				provides a notice on a web page, the licensee designs its notice to call
				attention to the nature and significance of the information in it if the
				licensee uses text or visual cues to encourage scrolling down the page if
				necessary to view the entire notice and ensure that other elements on the web
				site, such as text, graphics, hyperlinks or sound, do not distract attention
				from the notice, and the licensee either:
a.
				Places the notice on a screen that consumers frequently access, such as a page
				on which transactions are conducted; or
b. Places a link on a screen that consumers
				frequently access, such as a page on which transactions are conducted, that
				connects directly to the notice and is labeled appropriately to convey the
				importance, nature and relevance of the
				notice.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.005 - Initial Privacy Notice to Consumers Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Initial notice requirement. A licensee
				shall provide a clear and conspicuous notice that accurately reflects its
				privacy policies and practices to:
(a)
				Customer. An individual who becomes the licensee's customer, not later than
				when the licensee establishes a customer relationship, except as provided in
				subsection (5) of this rule; and,
(b) Consumer. A consumer, before the licensee
				discloses any nonpublic personal financial information about the consumer to
				any nonaffiliated third party, if the licensee makes a disclosure other than as
				authorized by Rules 69O-128.015 and
				69O-128.016,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.006 - Annual Privacy Notice to Customers Required

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				General rule. A licensee shall provide a clear and conspicuous notice to
				customers that accurately reflects its privacy policies and practices not less
				than annually during the continuation of the customer relationship. Annually
				means at least once in any period of 12 consecutive months during which that
				relationship exists. A licensee may define the twelve consecutive month period,
				but the licensee shall apply it to the customer on a consistent
				basis.
(b) Example. A licensee
				provides a notice annually if it defines the twelve-consecutive-month period as
				a calendar year and provides the annual notice to the customer once in each
				calendar year following the calendar year in which the licensee provided the
				initial notice. For example, if a customer opens an account on any day of year
				1, the licensee shall provide an annual notice to that customer by December 31
				of year 2.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.007 - Information to be Included in Privacy Notices

Current through Reg. 50, No. 138; July 16, 2024
(1) General rule. The initial, annual and
				revised privacy notices that a licensee provides under Rules 69O-128.005,
				69O-128.006 and
				69O-128.009, F.A.C., shall
				include each of the following items of information, in addition to any other
				information the licensee wishes to provide, that applies to the licensee and to
				the consumers to whom the licensee sends its privacy notice:
(a) The categories of nonpublic personal
				financial information that the licensee collects;
(b) The categories of nonpublic personal
				financial information that the licensee discloses;
(c) The categories of affiliates and
				nonaffiliated third parties to whom the licensee discloses nonpublic personal
				financial information, other than those parties to whom the licensee discloses
				information under Rules
				69O-128.015 and
				69O-128.016, F.A.C.;
(d) The categories of nonpublic personal
				financial information about the licensee's former customers that the licensee
				discloses and the categories of affiliates and nonaffiliated third parties to
				whom the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to whom the licensee
				discloses information under Rules
				69O-128.015 and 69O-128.016,
				F.A.C.;
(e) If a licensee discloses
				nonpublic personal financial information to a nonaffiliated third party under
				Rule 69O-128.014, F.A.C. (and no
				other exception in Rules
				69O-128.015 and 69O-128.016,
				F.A.C., applies to that disclosure), a separate description of the categories
				of information the licensee discloses and the categories of third parties with
				whom the licensee has contracted;
(f) An explanation of the consumer's right
				under subsection 69O-128.011(1),
				F.A.C., to opt out of the disclosure of nonpublic personal financial
				information to nonaffiliated third parties, including the methods by which the
				consumer may exercise that right at that time;
(g) Any disclosures that the licensee makes
				under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act
				(15 U.S.C.
				1681a(d)(2)(A)(iii))(that
				is, notices regarding the ability to opt out of disclosures of information
				among affiliates);
(h) The
				licensee's policies and practices with respect to protecting the
				confidentiality and security of nonpublic personal information; and,
(i) Any disclosure that the licensee makes
				under subsection (2) of this rule.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.008 - Form of Opt Out Notice to Consumers and Opt Out Methods

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				Form of opt out notice. If a licensee is required to provide an opt out notice
				under subsection 69O-128.011(1),
				F.A.C., it shall provide a clear and conspicuous notice to each of its
				consumers that accurately explains the right to opt out under that rule. The
				notice shall state:
1. That the licensee
				discloses or reserves the right to disclose nonpublic personal financial
				information about its consumer to a nonaffiliated third party;
2. That the consumer has the right to opt out
				of that disclosure; and,
3. A
				reasonable means by which the consumer may exercise the opt out
				right.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.009 - Revised Privacy Notices

Current through Reg. 50, No. 138; July 16, 2024
(1) General rule.
				Except as otherwise authorized in these rules, a licensee shall not, directly
				or through an affiliate, disclose any nonpublic personal financial information
				about a consumer to a nonaffiliated third party other than as described in the
				initial notice that the licensee provided to that consumer under Rule
				69O-128.005, F.A.C., unless:
(a) The licensee has provided to the consumer
				a clear and conspicuous revised notice that accurately describes its policies
				and practices;
(b) The licensee has
				provided to the consumer a new opt out notice;
(c) The licensee has given the consumer a
				reasonable opportunity, before the licensee discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and,
(d) The consumer does not opt
				out.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.010 - Delivery

Current through Reg. 50, No. 138; July 16, 2024
(1) How to provide notices. A licensee shall
				provide any notices that this rule requires so that each consumer can
				reasonably be expected to receive actual notice in writing or, if the consumer
				agrees, electronically.
(2)
(a) Examples of reasonable expectation of
				actual notice. A licensee may reasonably expect that a consumer will receive
				actual notice if the licensee:
1.
				Hand-delivers a printed copy of the notice to the consumer;
2. Mails a printed copy of the notice to the
				last known address of the consumer separately, or in a policy, billing or other
				written communication;
3. For a
				consumer who conducts transactions electronically, posts the notice on the
				electronic site and requires the consumer to acknowledge receipt of the notice
				as a necessary step to obtaining a particular insurance product or service;
				or
4. For an isolated transaction
				with a consumer, such as the licensee providing an insurance quote or selling
				the consumer travel insurance, posts the notice and requires the consumer to
				acknowledge receipt of the notice as a necessary step to obtaining the
				particular insurance product or service.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.011 - Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Conditions for disclosure. Except as
				otherwise authorized in these rules, a licensee may not, directly or through
				any affiliate, disclose any nonpublic personal financial information about a
				consumer to a nonaffiliated third party unless:
1. The licensee has provided to the consumer
				an initial notice as required under Rule
				69O-128.005, F.A.C.,
2. The licensee has provided to the consumer
				an opt out notice as required in Rule
				69O-128.008, F.A.C.,
3. The licensee has given the consumer a
				reasonable opportunity, before it discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and,
4. The consumer does not opt out.
An agent may not disclose a consumer's nonpublic personal
				  financial information to appointing insurers to shop for insurance products or
				  services other than those initially requested by the consumer unless such
				  disclosure meets the requirements of this subparagraphs
				  69O-128.011(1)(a)
				  1.-4., F.A.C., or the conditions set forth in subsection
				  69O-128.015(1),
				  F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.012 - Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Information the licensee receives under
				an exception. If a licensee receives nonpublic personal financial information
				from a nonaffiliated financial institution under an exception in Rule
				69O-128.015 or
				69O-128.016, F.A.C., the
				licensee's disclosure and use of that information is limited as follows:
1. The licensee may disclose the information
				to the affiliates of the financial institution from which the licensee received
				the information,
2. The licensee
				may disclose the information to its affiliates, but the licensee's affiliates
				may, in turn, disclose and use the information only to the extent that the
				licensee may disclose and use the information; and,
3. The licensee may disclose and use the
				information pursuant to an exception in Rule
				69O-128.015 or
				69O-128.016, F.A.C., in the
				ordinary course of business to carry out the activity covered by the exception
				under which the licensee received the information.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.013 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Reg. 50, No. 138; July 16, 2024
(1) General prohibition on disclosure of
				account numbers. A licensee shall not, directly or through an affiliate,
				disclose, other than to a consumer reporting agency, a policy number or similar
				form of access number or access code for a consumer's policy or transaction
				account to any nonaffiliated third party for use in telemarketing, direct mail
				marketing or other marketing through electronic mail to the consumer.
(2) Exceptions. Subsection (1) of this rule
				does not apply if a licensee discloses a policy number or similar form of
				access number or access code:
(a) To the
				licensee's service provider solely in order to perform marketing for the
				licensee's own products or services, as long as the service provider is not
				authorized to directly initiate charges to the account;
(b) To a licensee who is a producer solely in
				order to perform marketing for the licensee's own products or services;
				or
(c) To a participant in an
				affinity or similar program where the participants in the program are
				identified to the customer when the customer enters into the
				program.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.014 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through Reg. 50, No. 138; July 16, 2024
(1) General rule.
(a) The opt out requirements in Rules
				69O-128.008 and
				69O-128.011, F.A.C., do not
				apply when a licensee provides nonpublic personal financial information to a
				nonaffiliated third party to perform services for the licensee or functions on
				the licensee's behalf, if the licensee:
1.
				Provides the initial notice in accordance with Rule
				69O-128.005, F.A.C.;
				and,
2. Enters into a contractual
				agreement with the third party that prohibits the third party from disclosing
				or using the information other than to carry out the purposes for which the
				licensee disclosed the information, including use under an exception in Rule
				69O-128.015 or
				69O-128.016, F.A.C., in the
				ordinary course of business to carry out those purposes.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.015 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through Reg. 50, No. 138; July 16, 2024
(1) Exceptions for processing transactions at
				consumer's request. The requirements for initial notice in paragraph
				69O-128.005(1)(b),
				F.A.C., the opt out in Rules
				69O-128.008 and
				69O-128.011, F.A.C., and service
				providers and joint marketing in Rule
				69O-128.014, F.A.C., do not
				apply if the licensee discloses nonpublic personal financial information as
				necessary to effect, administer or enforce a transaction that a consumer
				requests or authorizes, or in connection with:
(a) Servicing or processing an insurance
				product or service that a consumer requests or authorizes;
(b) Maintaining or servicing the consumer's
				account with a licensee, or with another entity as part of a private label
				credit card program or other extension of credit on behalf of such
				entity;
(c) A proposed or actual
				securitization, secondary market sale (including sales of servicing rights) or
				similar transaction related to a transaction of the consumer; or
(d) Reinsurance or stop loss or excess loss
				insurance.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.017 - When Authorization Required for Disclosure of Nonpublic Personal Health Information

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as
				provided in subsections (2) and (3) of this rule, a licensee shall not disclose
				nonpublic personal health information about a consumer or customer unless an
				authorization is obtained from the consumer or customer whose nonpublic
				personal health information is sought to be disclosed.
(2) Nothing in this rule shall prohibit,
				restrict, or require an authorization for the disclosure of nonpublic personal
				health information by a licensee for the performance of the following insurance
				functions by or on behalf of the licensee:
(a)
				Claims administration;
(b) Claims
				adjustment and management;
(c)
				Detection, investigation or reporting of actual or potential fraud,
				misrepresentation or criminal activity;
(d) Underwriting;
(e) Policy placement or issuance;
(f) Loss control;
(g) Ratemaking and guaranty fund
				functions;
(h) Reinsurance and
				excess loss insurance;
(i) Risk
				management;
(j) Case
				management;
(k) Disease
				management;
(l) Quality
				assurance;
(m) Quality
				improvement;
(n) Performance
				evaluation;
(o) Provider
				credentialing verification;
(p)
				Utilization review;
(q) Peer review
				activities;
(r) Actuarial,
				scientific, medical or public policy research;
(s) Grievance procedures;
(t) Internal administration of compliance,
				managerial, and information systems;
(u) Policyholder service functions;
(v) Auditing;
(w) Reporting;
(x) Database security;
(y) Administration of consumer disputes and
				inquiries;
(z) External
				accreditation standards;
(aa) The
				replacement of a group benefit plan or workers' compensation policy or
				program;
(bb) Activities in
				connection with a sale, merger, transfer or exchange of all or part of a
				business or operating unit;
(cc)
				Any activity that permits disclosure without authorization pursuant to the
				Federal Health Insurance Portability And Accountability Act privacy rules
				promulgated by the U.S. Department Of Health And Human Services;
(dd) Disclosure that is required, or is one
				of the lawful or appropriate methods, to enforce the licensee's rights or the
				rights of other persons engaged in carrying out a transaction or providing a
				product or service that a consumer requests or authorizes; and,
(ee) Any activity otherwise permitted by law,
				required pursuant to governmental reporting authority, or to comply with legal
				process.
(ff) Disclosure of
				information obtained by a licensee to a hospital, physician, or other medical
				care provider in connection with the provision of health care services to a
				customer of the licensee.
(gg)
				Additional insurance functions that the Office determines to be necessary for
				appropriate performance of insurance functions and that are fair and reasonable
				to the interest of consumers.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.018 - Authorizations

Current through Reg. 50, No. 138; July 16, 2024
(1) A valid authorization to disclose
				nonpublic personal health information pursuant to this Part shall be in written
				or electronic form and shall contain all of the following:
(a) The identity of the consumer or customer
				who is the subject of the nonpublic personal health information;
(b) A general description of the types of
				nonpublic personal health information to be disclosed;
(c) General descriptions of the parties to
				whom the licensee discloses nonpublic personal health information, the purpose
				of the disclosure and how the information will be used;
(d) The signature of the consumer or customer
				who is the subject of the nonpublic personal health information or the
				individual who is legally empowered to grant authority and the date signed;
				and,
(e) Notice of the length of
				time for which the authorization is valid and that the consumer or customer may
				revoke the authorization at any time and the procedure for making a
				revocation.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.019 - Authorization Request Delivery

Current through Reg. 50, No. 138; July 16, 2024
A request for authorization and an authorization form may be
				  delivered to a consumer or a customer as part of an opt-out notice pursuant to
				  Rule 69O-128.010, F.A.C., provided
				  that the request and the authorization form are clear and conspicuous. An
				  authorization form is not required to be delivered to the consumer or customer
				  or included in any other notices unless the licensee intends to disclose
				  protected health information pursuant to subsection
				  69O-128.017(1),
				  F.A.C.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented
					 624.307(1), 626.9651 FS.
New 12-16-01, Formerly
					 4-128.019.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.020 - Relationship to Federal Rules

Current through Reg. 50, No. 138; July 16, 2024
(1) If the
				Office determines that a health insurer or health maintenance organization
				licensed by the Office is in compliance with, or is actively undertaking
				compliance with, the consumer privacy protection rules adopted by the United
				States Department of Health and Human Services in conformance with the Health
				Insurance Portability and Affordability Act, (except for its effective date
				provision) the licensee shall be considered to be in compliance with this
				part.
(2) Effective April 14, 2003,
				with respect to health insurance coverage issued by a health insurer or
				contracts issued by a health maintenance organization, such licensees must be
				in actual compliance with the Health and Human Services rules in order to be
				considered in compliance with this Part. As of such date, any other licensee
				that would satisfy the requirements of the HHS rules if it were subject to such
				rules will be considered to be in compliance with this
				part.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented
					 624.307(1), 626.9651 FS.
New 12-16-01, Formerly
					 4-128.020.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.021 - Relationship to State Laws

Current through Reg. 50, No. 138; July 16, 2024
Nothing in this part shall preempt or supersede existing
				  state law related to medical records, health or insurance information
				  privacy.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented
					 624.307(1), 626.9651 FS.
New 12-16-01, Formerly
					 4-128.021.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.022 - Protection of Fair Credit Reporting Act

Current through Reg. 50, No. 138; July 16, 2024
Nothing in these rules shall be construed to modify, limit or
				  supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C.
				  1681 et seq.), and no inference shall be
				  drawn on the basis of the provisions of these rules regarding whether
				  information is transaction or experience information under Section 603 of that
				  Act.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented
					 624.307(1), 626.9651 FS.
New 12-16-01, Formerly
					 4-128.022.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.023 - Nondiscrimination

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee shall not unfairly
				discriminate against any consumer or customer because that consumer or customer
				has opted out from the disclosure of his or her nonpublic personal financial
				information pursuant to the provisions of these rules.
(2) A licensee shall not unfairly
				discriminate against a consumer or customer because that consumer or customer
				has not granted authorization for the disclosure of his or her nonpublic
				personal health information pursuant to the provisions of these
				rules.
Rulemaking Authority 624.308, 626.9651 FS. Law Implemented
					 624.307(1), 626.9651 FS.
New 12-16-01, Formerly
					 4-128.023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.024 - Effective Date

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Not later than 30 days following the
				effective date of Emergency Rules 4ER01-1 through 22, F.A.C., each licensee
				shall provide an initial notice, as required by Rule
				69O-128.005, F.A.C., to
				consumers who are the licensee's customers on July 1, 2001.
(b) Example. A licensee provides an initial
				notice to consumers who are its customers on July 1, 2001, if, by July 31,
				2001, the licensee has established a system for providing an initial notice to
				all new customers and has mailed the initial notice to all the licensee's
				existing customers.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.025 - Confidentiality of Personal Financial and Health Information Pursuant to Section 624.23, F.S (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented 624.23,
					 624.307(1) FS.
New 10-21-02, Formerly 4-128.025, Repealed
					 7-30-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69O-128.030 - Preamble

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules establish standards for
				developing and implementing administrative, technical and physical safeguards
				to protect the security, confidentiality, and integrity of customer
				information, pursuant to Sections 501, 505(b), and 507 of the
				Gramm-Leach-Bliley Act, codified at
				15 U.S.C.
				6801,
				6805(b) and
				6807.
(2)
(a)
				Section 501(a) provides that it is the policy of the Congress that each
				financial institution has an affirmative and continuing obligation to respect
				the privacy of its customers and to protect the security and confidentiality of
				those customers' nonpublic personal information.
(b) Section 501(b) requires the state
				insurance regulatory authorities to establish appropriate standards for the
				financial institutions under their jurisdiction relating to administrative,
				technical, and physical safeguards:
1. To
				ensure the security and confidentiality of customer records and
				information;
2. To protect against
				any anticipated threats or hazards to the security or integrity of such
				records; and,
3. To protect against
				unauthorized access to or use of records or information that could result in
				substantial harm or inconvenience to a customer.
(c) Section 505(b)(2) requires state
				insurance regulatory authorities to implement the standards prescribed under
				Section 501(b) by rule with respect to persons engaged in providing
				insurance.
(d) Section 507
				provides, among other things, that a state regulation may afford persons
				greater privacy protections than those provided by subtitle A of Title V of the
				Gramm-Leach-Bliley Act.