reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-71 - PENALTY GUIDELINES FOR FIRE PROTECTION CONTRACTORS AND UNLICENSED CONTRACTORS › Section 69A-71.002 - Guidelines

Current through Reg. 50, No. 138; July 16, 2024
State Fire Marshal Discretion. The State Fire Marshal shall
				  use its statutorily granted discretion as provided in s.
				   633.106, F.S., and shall
				  consider the aggravating and mitigating factors identified in rule
				   69A-71.003, F.A.C., when
				  deciding on an administrative action, and determining the penalty imposed for
				  violations.
(1) The State Fire Mashal
				may impose any of the following penalties:
(a)
				Suspension or revocation of a certificate of competency as provided in ss.
				 633.106 and
				 633.336, F.S.;
(b) Administrative fine as provided in ss.
				 633.106 and
				 633.336, F.S.;
(c) Denial of a person's initial application
				for certification or renewal application for certification as provided in ss.
				 633.106, F.S.; or
(d) Probation and the conditions thereof, as
				provided in ss.  633.106,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-71 - PENALTY GUIDELINES FOR FIRE PROTECTION CONTRACTORS AND UNLICENSED CONTRACTORS › Section 69A-71.003 - Aggravating and Mitigating Factors

Current through Reg. 50, No. 138; July 16, 2024
The State Fire Marshal shall consider the following
				  aggravating and mitigating factors in order to determine whether to take
				  administrative action, or in determining the penalty assessed against a Fire
				  Protection Contractor or unlicensed contractor under this rule chapter.
(1) Actual harm to the public,
(2) Potential harm to the public,
(3) The gravity of the violation,
(4) Restitution to victims,
(5) Willfulness of conduct,
(6) Motivation of Fire Protection Contractor
				or unlicensed contractor,
(7)
				Financial gain or loss to Fire Protection Contractor or unlicensed
				contractor,
(8) Vicarious or
				personal responsibility,
(9)
				Related criminal charge or charges and the disposition, or
(10) Previous administrative actions by the
				State Fire Marshal.
Rulemaking Authority
					 633.104,
					 633.336(5) FS.
					 Law Implemented 633.102,
					 633.104,
					 633.106,
					 633.336(5)
					 FS.
New 11-26-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Lender, as used in these rules, shall
				mean mortgagee and/or servicing agent of the mortgagee, provided the servicing
				agent is bound by the requirements approved by the mortgagee.
(2) Borrower, as used in these rules, shall
				mean mortgagor.
(3) Chief Financial
				Officer, as used in these rules, shall mean the Chief Financial
				Officer.
(4) Renewal, as used in
				these rules, shall mean a renewal policy by another policy contract or a
				renewal certificate.
(5)
				Anniversary date, as used in these rules, shall mean the yearly return of the
				inception or effective date of the policy in force.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.002 - Rights of Borrower

Current through Reg. 50, No. 138; July 16, 2024
When negotiations for a loan begin, and prior to any formal
				  application for loan or the payment of any fees or costs required with the
				  filing of an application, the lender shall notify the borrower of his rights
				  regarding the placing of insurance. Such notice shall be given to said borrower
				  in the form prescribed by the Chief Financial Officer in rule
				   69B-124.013, F.A.C., in writing,
				  with a copy of said notice to be signed by the borrower and retained by the
				  lender. Nothing in this rule shall be construed to mean that this notice shall
				  be a part of the mortgage contract.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.010 - Substitution of Policies

Current through Reg. 50, No. 138; July 16, 2024
(1) An insured
				shall have the right of option, in addition to the rights granted him under the
				terms and conditions of his insurance contract, to substitute, replace, change,
				or extend the existing policy in force with any type contract on each
				anniversary, or at any other time, provided credit for existing insurance is
				given to the next anniversary date of the existing policy, if required by the
				mortgagee.
(2) No payment of
				service fee or charge shall be required of the insured to substitute, replace,
				change, or extend the existing policy at each anniversary.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.011 - Renewals; Selection and Approval

Current through Reg. 50, No. 138; July 16, 2024
Insurance renewal shall be subject to the foregoing rules
				  relating to selection and approval of companies and agents where such rules are
				  applicable and pertinent to renewals.
Rulemaking Authority
					 624.308,
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9551(1)
					 FS.
Repromulgated 12-24-74, Formerly 4-3.11, 4-3.011,
					 4-124.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.013 - Statement of Anti-coercion; Form

Current through Reg. 50, No. 138; July 16, 2024
The following statement is required under rule
				   69B-124.002, F.A.C., of the
				  rules and regulations promulgated by the Chief Financial Officer relative to
				  anti-coercion:
The Insurance Laws of this state provide that the lender may
				  not require the borrower to take insurance through any particular insurance
				  agent or company to protect the mortgaged property.
The borrower, subject to the rules adopted by the Chief
				  Financial Officer, has the right to have the insurance placed with an insurance
				  agent or company of his choice, provided the company meets the requirements of
				  the lender. The lender has the rights to designate reasonable financial
				  requirements as to the company and the adequacy of the coverage.
I have read the foregoing statement, or the rules of the
				  Chief Financial Officer relative thereto, and understand my rights and
				  privileges and those of the lender relative to the placing of such
				  insurance.
I have selected the ___ Insurance Agency, or ___ Insurance
				  Company to write the hazard insurance covering property located at:
_________________
Name of Borrower
_________________
Name of Borrower
_________________
Date
Rulemaking Authority
					 624.308,
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9551(1)
					 FS.
Repromulgated 12-24-74, Formerly 4-3.13, 4-3.013,
					 4-124.013, 4-124.013.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.014 - Continuous or Prepaid Policies

Current through Reg. 50, No. 138; July 16, 2024
The requirement of accepting only continuous renewal policies
				  or three-year or more prepayment plans of insurance is not a right or privilege
				  possessed by a lender, nor does it afford the mortgagor the freedom of choice
				  of insurer; therefore, section
				   626.9551, F.S., is interpreted
				  to prohibit such requirements of acceptance by a lender.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.015 - Lender, Insurance Information

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Section  626.9521, F.S., is interpreted
				to mean that a lender shall not make use of or disclose any policy information
				to the detriment of the borrower, purchaser, mortgagor, insurer, insurance
				agent, or solicitor who furnished or transmitted such insurance policy
				information, nor shall such policy information be used to the advantage either
				directly or indirectly of such lender or insurance agents of such lenders
				selection to substitute, replace, change, or extend an insurance
				policy.
(2) The borrower,
				purchaser, or mortgagor in writing may authorize the lender to disclose such
				policy information to the persons and to the extent specified in such
				authorization.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.016 - Title Insurance

Current through Reg. 50, No. 138; July 16, 2024
These rules and regulations do not apply as to title
				  insurance.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-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 8-7-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-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 8-7-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.023 - Qualification for Student Loan Not Contingent on Purchase of Insurance from Insurance Company (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 4-64.03, 4-64.003, 4-124.023,
					 Repealed 8-7-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.024 - Disclosure Form (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 4-64.04, 4-64.004, 4-124.024,
					 Repealed 8-7-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-124 - ANTI-COERCION › Section 69B-124.025 - Readability of Statement (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 4-64.05, 4-64.005, 4-124.025,
					 Repealed 8-7-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-125 - UNFAIR DISCRIMINATION › Section 69B-125.001 - Unfair Discrimination Because of Sex or Marital Status (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 626.9611,
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 626.9541(1)(g),
					 627.062(1),
					 627.0651(2), (6), (7), (8), (10),
					 (11),
					 627.782(4),
					 632.635
					 FS.
New 1-1-78, Formerly 4-43.01, 4-43.001, 4-125.001, Repealed
					 5-27-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-125 - UNFAIR DISCRIMINATION › Section 69B-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
					 5-27-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-125 - UNFAIR DISCRIMINATION › Section 69B-125.004 - Credit Report Use and Disclosure in Consideration of Insurance Applications (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)(a)4., (x),
					  626.9641(1)(a),
					  627.318,
					  627.4091 FS.
New 10-10-96, Formerly 4-125.004, Repealed
					 10-24-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-127 - FEES AND PROCEDURES REGARDING DEPARTMENT INFORMATION AND SERVICES › Section 69B-127.002 - Cost of Publications

Current through Reg. 50, No. 138; July 16, 2024
The Department 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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-148 - FUNDING OF PRENEED CONTRACTS WITH LIFE INSURANCE OR ANNUITIES › Section 69B-148.001 - Funding of Preneed Contracts With Life Insurance or Annuities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 626.785,
					 626.9541(1)(a),
					 (t),
					 627.410
					 FS.
New 4-8-97, Formerly 4-148.001, Repealed
					 1-4-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to provide prospective
				  purchasers with clear and unambiguous statements in the advertisement of health
				  insurance, and to assure the clear, truthful and adequate disclosure of the
				  benefits, limitations and exclusions of policies sold as health insurance. This
				  purpose is intended to be accomplished by the establishment of guidelines and
				  standards of permissible and impermissible conduct in the advertising of health
				  insurance to assure that product descriptions are presented in a manner which
				  prevents unfair, deceptive and misleading advertising and is conducive to the
				  accurate presentation and description of health insurance to the insurance
				  buying public through the advertising media and material used by insurance
				  agents and companies.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.01,
					 Amended 6-13-88, Formerly 4-6.001,
					 4-150.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.002 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules shall apply to any Health
				Insurance "advertisement", disseminated in this State which the insurer knows
				or reasonably should know is intended for presentation, distribution or
				dissemination in this State when such presentation, distribution or
				dissemination is made either directly by an insurer or indirectly on behalf of
				an insurer, by an agent, broker, producer or solicitor or any other person who
				has either actual or apparent authority to act on behalf of the insurer;
				provided the insurer shall not be responsible for advertisements that are
				published in violation of written procedures or guidelines of the
				insurer.
(2) Advertising materials
				which are reproduced in quantity shall be identified by form numbers or other
				identifying means. Such identification shall be sufficient to distinguish an
				advertisement from any other advertising materials, policies, applications or
				other materials used by the insurer.
(3) Except where specifically provided
				otherwise, these rules shall apply to advertisements for long-term care
				policies issued pursuant to sections 627.9401-.9408, F.S.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.9407(1),
					 (2) FS. Law Implemented
					  624.307(1),
					  626.451(3),
					  626.9541(1)(a), (b), (e), (k),
					 (l),
					  626.9641(1),
					  627.9407(1),
					 (2) 
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.02,
					 Amended 6-13-88, 5-17-89, Formerly 4-6.002, Amended 1-4-00, Formerly
					 4-150.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of these rules, the terms below are defined
				  as follows:
(1) An "Advertisement"
				includes any method of communicaton listed in sections 626.9541(1)(b)1. through
				4., F.S.
(2) The definition of
				"Advertisement" does not include:
(a) Material
				to be used solely for the training and education of an insurer's employees,
				agents, or brokers;
(b) Material
				used exclusively in-house by insurers;
(c) Communications within an insurer's own
				organization not intended for dissemination to the public;
(d) Individual communications of a personal
				nature with current policyholders regarding existing coverage other than
				material urging such policyholders to renew, increase or expand
				coverages;
(e) Correspondence
				between a prospective group or blanket policyholder and an insurer in the
				course of negotiating a group or blanket contract;
(f) Court approved material ordered by a
				court to be disseminated to policyholders; or
(g) A general announcement from a group or
				blanket policyholder to eligible individuals on an employment or membership
				list which may include a brief description of coverage and is primarily a
				notification that a contract or program has been written or arranged; provided,
				the announcement must clearly indicate that it is preliminary to the issuance
				of a booklet, pamphlet, brochure or other similar paper preliminary to coverage
				by the insurer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.004 - Method of Disclosure of Required Information

Current through Reg. 50, No. 138; July 16, 2024
All information required to be disclosed by these rules shall
				  be set out conspicuously and in close conjunction with the statements to which
				  such information relates or under appropriate captions of such prominence that
				  it shall not be minimized, rendered obscure or presented in an ambiguous
				  fashion or intermingled with the context of the advertisement so as to be
				  confusing or misleading.
Rulemaking Authority
					 624.308,
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1),
					 (2)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.04,
					 4-6.004, Formerly 4-150.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.005 - Form and Content of Advertisements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The form and content of a Health Insurance advertisement shall be sufficiently
				complete and clear to avoid deception or the capacity or tendency to mislead or
				deceive. Whether an advertisement has a capacity or tendency to mislead or
				deceive shall be determined by the Department from the overall impression that
				the advertisement may be reasonably expected to create upon a person of average
				education or intelligence, within the segment of the public to which it is
				directed.
(2) Advertisements shall
				be truthful and not misleading in fact or in implication. Words or phrases,
				whose meanings are clear only by implication or by the consumer's familiarity
				with insurance terminology shall not be used.
(3)
(a) An
				insurer must clearly identify its health insurance policy as an insurance
				policy in its advertisements.
(b)
				The name of any policy shall be followed by or include the words "Insurance
				Policy" or similar words clearly identifying, the fact that an insurance policy
				is being offered, through the use of the full generic name of the product;
				e.g., long term care insurance policy, major medical insurance policy, limited
				benefit health insurance policy, or disability insurance
				policy.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.007 - Necessity for Disclosing Policy Provisions Relating to Renewability, Cancellability, and Termination

Current through Reg. 50, No. 138; July 16, 2024
An advertisement which is an invitation to contract shall
				  disclose the provisions relating to renewability, cancellability and
				  termination and any modification of benefits, losses covered or premiums
				  because of age or for other reasons, in a manner which shall not minimize or
				  render obscure the qualifying conditions.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.07,
					 Amended 6-13-88, Formerly 4-6.007,
					 4-150.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.008 - Testimonials or Endorsements by Third Parties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.062,
					 626.830,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.08,
					 Amended 6-13-88, Formerly 4-6.008, 4-150.008, Repealed
					 11-15-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.009 - Use of Statistics

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				advertisement relating to the dollar amount of claims paid, the number of
				persons insured, or similar statistical information relating to any insurer or
				policy or contract shall not use irrelevant facts, and shall not be used unless
				it accurately reflects all of the relevant facts. Such an advertisement shall
				not imply that such statistics are derived from the policy or contract
				advertised unless such is the fact, and when applicable to other policies or
				contracts or plans shall specifically so state.
(a) An advertisement shall specifically
				identify the policy to which statistics relate and, where statistics are given
				which are applicable to a different policy, it must be stated clearly that the
				data do not relate to the policy being advertised.
(b) An advertisement shall not contain
				statements which are untrue in fact, or by implication misleading, with respect
				to the assets, corporate structure, financial standing, age or relative
				position of the insurer in the insurance business.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.010 - Identification of Plan or Number of Policies

Current through Reg. 50, No. 138; July 16, 2024
(1) When a choice of the amount of benefits
				is referred to, an advertisement shall disclose that the amount of benefits
				provided depends upon the plan selected and that the premium will vary with the
				amount of the benefits selected.
(2) When an advertisement refers to various
				benefits which may be contained in two or more policies, other than group
				master policies, the advertisement shall disclose that such benefits are
				provided only through a combination of such policies.
Rulemaking Authority
					 624.308,
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1),
					 (2)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.10,
					 4-6.010, 4-150.010.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.011 - Disparaging Comparisons and Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) An advertisement shall not directly or
				indirectly make unfair or incomplete comparisons of policies or contracts or
				benefits or comparisons of non-comparable policies or contracts of other
				insurers, and shall not disparage competitors, their policies, or contracts,
				services or business methods, and shall not disparage or unfairly minimize
				competing methods of marketing insurance.
(2) An advertisement should not contain
				statements such as "no red tape" or "here is all you do to receive
				benefits."
(3) Advertisements which
				state or imply that competing insurance coverage customarily contain certain
				exceptions, reductions or limitations not contained in the advertised policies
				are unacceptable unless such exceptions, reductions or limitations are
				contained in a substantial majority of such competing coverages.
(4) Advertisements which state or imply in a
				misleading or incomplete manner that an insurer's premiums are lower or that
				its loss ratios are higher because its organizational structure differs from
				that of competing insurers shall not be used.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.11,
					 Amended 6-13-88, Formerly 4-6.011,
					 4-150.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.012 - Jurisdictional Licensing and Status of Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1) An advertisement which is intended to be
				seen or heard beyond the limits of the jurisdiction in which the insurer is
				licensed shall not imply licensing beyond those limits.
(2) An advertisement shall not create the
				impression directly or indirectly that the insurer, its financial condition or
				status, or the payment of its claims, or the merits, desirability, or
				advisability of its policy forms or kinds of plans of insurance are approved,
				endorsed, or accredited by any division or agency of this State or the United
				States Government or if such relationship exists, such advertisement shall not
				exaggerate or otherwise be misleading with respect to the nature or extent of
				such relationship.
(3) An
				advertisement shall not imply in a misleading manner that approval,
				endorsement, or accreditation of policy forms or advertising has been granted
				by any division or agency of the state or federal government. "Approval" of
				either policy forms or advertising shall not be used by an insurer to imply or
				state that a governmental agency has endorsed or recommended the insurer, its
				policies, advertising or its financial conditions.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.12,
					 Amended 6-13-88, Formerly 4-6.012,
					 4-150.012.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.013 - Identity of Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The name of the actual insurer shall be
				stated in all of the insurer's advertisements.
(b) The form number or numbers of the policy
				advertised shall be stated in any invitation to contract.
(c) An advertisement shall not use a trade
				name, any insurance group designation, name of the parent company of the
				insurer, name of a particular division of the insurer, name of any reinsurere
				or any other party, service mark, slogan, symbol or other device which would be
				misleading as to the true identity of the insurer or create the false
				impression that the parent company or reinsurer or any other party would have
				any responsibility for the finacial obligation of the
				insurer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.014 - Group or Quasi-Group Implications

Current through Reg. 50, No. 138; July 16, 2024
(1)
				An advertisement of a particular policy shall not state or imply that
				prospective insureds become group or quasi-group members covered under a group
				policy and as such enjoy special rates or underwriting privileges, unless such
				is the fact.
(2) No solicitation of
				a particular class, such as governmental employees, shall state or imply that
				the occupational status of group members entitles them to reduced rates on a
				group or other basis when, in fact, the policy being advertised is sold only on
				an individual basis at regular rates.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.14,
					 Amended 6-13-88, Formerly 4-6.014,
					 4-150.014.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.016 - Statements About an Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				advertisement shall not contain statements which are untrue in fact, or by
				implication misleading, with respect to the assets, corporate structure,
				financial standing, age or relative position of the insurer in the insurance
				business.
(2) An advertisement
				shall not contain a recommendation by any commercial rating system unless the
				advertisement clearly indicates the purpose of the recommendation and the
				limitations of the scope and extent of the recommendation.
(3) An advertisement shall not refer to a
				holding company or subsidiary of an insurer unless the advertisement fully
				discloses that the holding company or subsidary is a separate entity and not
				responsible for the insurer's financial condition or contractual
				obligations.
Rulemaking Authority
					 624.308,
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1),
					 (2)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.16,
					 4-6.016, Amended 1-4-00, Formerly
					 4-150.016.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.020 - Severability Provision

Current through Reg. 50, No. 138; July 16, 2024
If any section or portion of a section of these rules, or any
				  amendment thereto, or the applicability thereof to any person or circumstance
				  is held invalid by a court, the remainder of the rules, or the applicability of
				  such provision to other persons or circumstances shall not be affected
				  thereby.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.19,
					 Amended 6-13-88, Formerly 4-6.019,
					 4-150.020.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.021 - Prior Rules

Current through Reg. 50, No. 138; July 16, 2024
These rules supersede and constitute a revision of all prior
				  rules pertaining to solicitation and sale of Health Insurance
				  policies.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.20,
					 Amended 6-13-88, Formerly 4-6.020,
					 4-150.021.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.101 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to provide prospective
				  purchasers with clear and unambiguous statements in the advertisement of Life
				  Insurance and Annuity Contracts, and to assure the clear, truthful and adequate
				  disclosure of the benefits, limitations and exclusions of policies sold as Life
				  Insurance and Annuity Contracts. This purpose is intended to be accomplished by
				  the establishment of guidelines and standards of permissible and impermissible
				  conduct in the advertising of Life Insurance and Annuity Contracts to assure
				  that product descriptions are presented in a manner which prevents unfair,
				  deceptive and misleading advertising and is conducive to accurate presentation
				  and description of Life Insurance and Annuity Contracts to the segment of the
				  insurance buying public through the advertising media and material used by
				  insurance agents and companies.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641
					 FS.
New 9-1-73, Formerly 4-35.01, Amended 6-12-88, Formerly
					 4-35.001, 4-150.101.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.102 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules shall apply to any Life
				Insurance Policy and Annuity Contract "advertisement," disseminated in this
				State which the insurer knows or reasonably should know is intended for
				presentation, distribution or dissemination in this State, when such
				presentation, distribution or dissemination is made either directly by an
				insurer or indirectly on behalf of an insurer, by an agent, broker, producer or
				solicitor or any other person who has either actual or apparent authority to
				act on behalf of the insurer; provided the insurer shall not be responsible for
				advertisements that are published in violation of written procedures or
				guidelines of the insurer. Further, provided, that in variable contracts where
				disclosure requirements are established pursuant to Federal regulation, these
				rules shall be interpreted so as to minimize or eliminate conflict with such
				Federal Regulation wherever possible.
(2) Advertising materials which are
				reproduced in quantity shall be identified by form numbers or other identifying
				means. Such identification shall be sufficient to distinguish an advertisement
				from any other advertising materials, policies, applications or other materials
				used by the insurer.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.805 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (g), (k),
					 (l),
					 626.9641(1),
					 626.99,
					 627.460
					 FS.
New 9-1-73, Formerly 4-35.02, Amended 6-12-88, Formerly
					 4-35.002, Amended 5-27-96, 1-4-00, Formerly
					 4-150.102.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.103 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of these rules, the terms below are defined
				  as follows:
(1) An "Advertisement"
				includes any method of communication listed in sections 626.9541(1)(b)1.
				through 4., F.S.
(2) The definition
				of "Advertisement" does not include:
(a)
				Material to be used solely for the training and education of an insurer's
				employees, agents, or brokers;
(b)
				Material used exclusively in-house by insurers;
(c) Communications within an insurer's own
				organization not intended for dissemination to the public;
(d) Individual communications of a personal
				nature with current policyholders regarding existing coverage other than
				material urging such policyholders to renew, increase or expand
				coverages;
(e) Correspondence
				between a prospective group policyholder and an insurer in the course of
				negotiating a group contract;
(f)
				Court approved material ordered by a court to be disseminated to policyholders;
				or
(g) A general announcement from
				a group policyholder to eligible individuals on an employment or membership
				list which may include a brief description of coverage and is primarily a
				notification that a contract or program has been written or arranged; provided,
				the announcement must clearly indicate that it is preliminary to the issuance
				of a booklet, pamphlet, brochure or other similar paper preliminary to coverage
				by the insurer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.104 - Method of Disclosure of Required Information

Current through Reg. 50, No. 138; July 16, 2024
All information required to be disclosed by these rules shall
				  be set out conspicuously, in the same size type as that used in the body of the
				  advertisement, and in close conjunction with the statements to which such
				  information relates, or under appropriate captions of such prominence that it
				  shall not be minimized, rendered obscure or presented in an ambiguous fashion,
				  or intermingled with the context of the advertisement so as to be confusing or
				  misleading.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.9541(1)
					 FS.
New 9-1-73, Formerly 4-35.04, Amended 2-26-92, Formerly
					 4-35.004, 4-150.104.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.105 - Form and Content of Advertisements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The form and content of a Life Insurance and Annuity Contracts advertisement
				shall be sufficiently complete and clear to avoid deception or the capacity or
				tendency to mislead or deceive. Whether an advertisement has a capacity or
				tendency to mislead or deceive shall be determined by the Department from the
				overall impression that the advertisement may be reasonably expected to create
				upon a person of average education or intelligence, within the segment of the
				public to which it is directed.
(2)
				Advertisements shall be truthful and not misleading in fact or in implication.
				Words or phrases, whose meanings are clear only by implication or by the
				consumer's familiarity with insurance terminology, shall not be used.
(3)
(a) An
				insurer shall clearly identify its life insurance and annuity contract as an
				insurance policy or annuity contract in its advertisements.
(b) The trade name of any policy shall be
				followed by or include the words "Insurance Policy" or "Annuity" or similar
				words clearly identifying the fact that an insurance policy or annuity is being
				offered through the use of the full generic name of the product, such as but
				not limited to whole life insurance policy, variable life insurance policy,
				flexible premium life insurance policy, level term life insurance, reducing
				term life insurance, single premium deferred annuity, immediate
				annuity.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.106 - Disclosure Requirements for Indeterminated Value Life and Annuity Contract Advertisements

Current through Reg. 50, No. 138; July 16, 2024
In addition to the requirements of rules
				   69B-150.104 and
				   69B-150.105, F.A.C.,
				  advertisements of indeterminate value life and annuity contracts as defined in
				  section  627.8015(1),
				  F.S., shall be subject to the following requirements:
(1) Advertisements containing a rate to be
				earned, including interest rates, rates of return, or any other designation of
				earnings performance, are prohibited unless all limitations and conditions
				which affect the rate of return ultimately realized by the
				policyholder/certificateholder or annuitant are disclosed prominently with
				equal emphasis to describe the interest rate or rate of return. The disclosure
				shall include:
(a) Premium expense charges, if
				any;
(b) Administrative charges, if
				any;
(c) The full surrender charge,
				year by year; and,
(d) Any policy
				fees;
(e) Free withdrawal
				provisions or bail-outs, if any;
(f) Market value adjustment, if
				any;
(g) Participation rates, if
				any;
(h) Any other provisions which
				affect the rate of return ultimately realized by the
				policyholder/certificateholder or annuitant, and how the return is
				affected;
(i) Guaranteed minimum
				interest rate during the accumulation period, if any;
(j) Guaranteed minimum interest rate during
				the annuitization period, if any.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.108 - Necessity for Disclosing Policy Provisions Relating to Renewability, Cancellability, and Termination

Current through Reg. 50, No. 138; July 16, 2024
An advertisement which is an invitation to contract shall
				  disclose the provisions relating to renewability, cancellability, and
				  termination and any modification of benefits, losses covered or premiums
				  because of age or for other reasons, in a manner which shall not minimize or
				  render obscure the qualifying conditions.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-35.0061,
					 4-150.108.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.109 - Use of Dividends

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				advertisement shall not be used that utilizes or describes dividends in a
				manner which is misleading or has a tendency to mislead.
(2) An advertisement shall not directly or
				indirectly state or imply that the amount of dividends or divisible surplus is
				guaranteed; nor shall such advertisement state or imply that a policyholder
				will profit by the growth of the company.
(3) Any comparison between participating and
				non-participating policies or contracts must be true and
				accurate.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.9541(1),
					 (2)
					 FS.
New 9-1-73, Formerly 4-35.07, 4-35.007,
					 4-150.109.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.110 - Testimonials or Endorsements by Third Parties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.051,
					 626.784,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 9-1-73, Formerly 4-35.08, Amended 6-12-88, Formerly
					 4-35.008, 4-150.110, Repealed 11-15-22.