reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.105 - Premium Charge Only Permitted

Current through Reg. 50, No. 138; July 16, 2024
(1)
				No surety, bail bond agent, temporary bail bond agent, or managing general
				agent engaged in the bail bond business shall make any charge, collect, or
				receive any fee or consideration unless permitted by statute or rule other than
				the premium based on rates in current use, provided, however, that nothing in
				this section shall prohibit collateral security or co-indemnity agreements, and
				provided further that in instances where an additional surety, bail bond agent,
				or managing general agent located in a county different from the originating
				agent or bail bond agent executes the bond the premium may additionally include
				as a part thereof an execution and transfer fee, not to exceed a total of one
				hundred ($100.00) dollars for any one defendant. If a bail bond agent assumes
				the liability on an out-of-state bond, the transfer fee collected shall not
				exceed the amount charged in that state. If monies for documentary stamps are
				collected and the mortgage is not filed, the funds must be returned to the
				person who tendered the monies.
(2)
				No bail bond agent shall charge, collect, or receive any fee or consideration
				for services rendered to the principal or indemnitor in connection with a bail
				bond, except those fees listed in subsection (4), and costs necessary to
				apprehend the principal in the event the principal attempts to flee the
				jurisdiction of the courts.
(3)
				Prohibited fees include, but are not limited to, any costs regarding arrest,
				transportation, and surrender within the specified jurisdiction of the court,
				charges for storage, maintenance or return of collateral, including releases of
				liens or satisfactions of mortgages, charges for researching case dispositions
				or obtaining bond discharges or any charge for other services ordinarily
				performed by a bondsman or their employees in the regular course of business
				and any other expenses not documented by check or receipt.
(4) Allowable fees include:
(a) Attorney's fees and court costs
				associated with filing of motions;
(b) Documented transportation and lodging
				expenses outside the jurisdiction of the court;
(c) Law enforcement costs for housing,
				re-arrest, transportation, and extradition; and,
(d) A maximum fee of $100 for a surrender
				allowed by law when there has been no forfeiture of the
				bond.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.110 - Premium Shall Be Term Charge; Premium Refund; When

Current through Reg. 50, No. 138; July 16, 2024
The premium permitted under chapter 648, F.S., shall be a
				  term charge for the term of the bond. No additional premium shall be charged in
				  the event of a rewrite of a bond based on the same case number except that in
				  the event the amount of the bond has been increased, an additional premium
				  based on the rates in current use for the amount of the increase may be
				  charged. The licensed bail bond agent shall refund the entire premium charged
				  for the bond when it is found that the surety had no liability under the bond
				  because the defendant does not come under the jurisdiction of the court to
				  which the defendant is returnable or is not released from custody except where
				  a bond is written to allow the defendant to serve a sentence in another
				  jurisdiction. The defendant shall be entitled to the return of premium when
				  surrendered by the surety or bail bond agent at any time prior to the final
				  termination of the surety's liability on the bond; provided that the defendant
				  shall not be entitled to a return of the premium where the defendant violates
				  the contract with the surety.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 624.307(1),
					 648.295,
					 648.33
					 FS.
New 7-1-69, Repromulgated 12-24-74, Formerly 4-1.09,
					 Amended 9-10-91, Formerly 4-1.009, Amended 4-14-97, 1-22-03, Formerly
					 4-221.110.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.115 - Pre-numbered Receipt as Evidence of Payment

Current through Reg. 50, No. 138; July 16, 2024
Every bail bond agent who accepts money or any other
				  consideration for any bail bond or undertaking which they execute must for each
				  and every payment received give to the person or persons paying the money or
				  giving the consideration a pre-numbered receipt as evidence of payment which
				  receipt shall state the date, name of the principal, amount of money or
				  consideration received and purpose for which received, number of Power of
				  Attorney form attached to the bond, penal sum of the bond, and name of person
				  making payment or giving consideration. Every receipt must contain the name,
				  address and telephone number of both the surety company and agent. Every bail
				  bond agent must retain, in the individual file for each defendant, a duplicate
				  copy of each receipt issued as part of their records pursuant to section
				   648.36, F.S.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.295,
					 648.36
					 FS.
Repromulgated 12-24-74, Formerly 4-1.02, Amended 9-10-91,
					 Formerly 4-1.002, Amended 4-14-97, 1-22-03, Formerly
					 4-221.115.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.120 - Pre-numbered Receipt as Evidence of Collateral

Current through Reg. 50, No. 138; July 16, 2024
(1) Every bail bond agent who accepts any
				type of collateral in conjunction with a bail bond or undertaking which they
				execute must for such collateral received give to the person or persons giving
				the collateral a consecutively pre-numbered receipt as evidence thereof. The
				receipt shall state:
(a) The date;
(b) Name of the principal;
(c) Detailed description of collateral
				received;
(d) Whether the
				collateral will be maintained in the custody of the bail bond agent, managing
				general agent or surety company;
(e) Number of Power of Attorney form attached
				to the bond; and,
(f) The name of
				the person placing the collateral in the bail bond agent's
				trust.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.125 - Collateral Security; Affidavit; Form

Current through Reg. 50, No. 138; July 16, 2024
Every bail bond agent who accepts collateral security for a
				  bail bond shall, for each bail bond written, make and attach to such bail bond
				  an affidavit on the form prescribed by the Department, to wit:
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ___
Before me today, the undersigned authority, personally
				  appeared ___, who by me being duly sworn, deposes and says: That he is a duly
				  licensed bail bond agent pursuant to chapter 648, F.S., and has registered for
				  the current year with the office of the Sheriff and Clerk of the Circuit Court
				  of the aforementioned county, and has filed a certified copy of his appointment
				  by Power of Attorney for the Surety, with the office of the Sheriff and Clerk
				  of the Circuit Court of the aforementioned County. That ___ (Principal) of ___
				  (Address) has (given or promised to give) the sum of ___ ($) Dollars, as
				  consideration for Bail Bond Number ___ filed with the Clerk of the ___ located
				  in ___ together with the (promise or receipt) of security belonging to ___
				  (Name) of ___ (Address) as follows: (Provide detailed description and source of
				  security) ___. That a duly signed receipt has been given to the said ___
				  (Principal) for the consideration given and/or that the said ___ (Name) has
				  (also been) given a receipt for the security described above.
____________________
(Bail Bond Agent)
Sworn to and subscribed before me in ___, ___ Florida, on
				  this ___ day of ___
______________________________________
(NOTARY PUBLIC) State of Florida at Large
______________________________________
(Address) My Commission Expires:
______________________________________
Rulemaking Authority
					 648.26,
					 648.442(9) FS.
					 Law Implemented 903.14(1),
					 648.36,
					 648.44(1)(m),
					 648.442,
					 648.45
					 FS.
Repromulgated 12-24-74, Formerly 4-1.14, Amended 9-10-91,
					 Formerly 4-1.014, Amended 4-14-97, Formerly
					 4-221.125.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.130 - Collateral Security; Statement; Form

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				   903.14(3),
				  F.S., every bail bond agent who accepts collateral security for a bail bond may
				  make, attach to and file with each bail bond, in lieu of the affidavit required
				  by rule  69B-221.125, F.A.C., a statement
				  on a form prescribed by the Department, to wit:
STATEMENT
I, ___ am a duly licensed bail bond agent pursuant to chapter
				  648, F.S., and have registered for the current year with the office of the
				  Sheriff and Clerk of the Circuit Court of the aforementioned county, and have
				  filed a certified copy of my appointment by Power of Attorney for the Surety
				  with the office of the Sheriff and Clerk of the Circuit Court of the
				  aforementioned County. That ___ (Principal) of ___ (Address) has (given or
				  promised to give) the sum of ___ ($) Dollars as consideration for Bail Bond
				  Number ___ filed with the Clerk of the ___ located in ___ together with the
				  (promise or receipt) of security belonging to ___ (Name) of ___ (Address) as
				  follows: (Provide detailed description and source of security) ___
That a duly signed receipt has been given to the said ___
				  (Principal) for the consideration given and/or that the said ___ (Name) has
				  (also been) given a receipt for the security described above.
________________________________
(Bail Bond Agent)
________________________________
(Agency)
________________________________
(Address)
Rulemaking Authority
					 648.26,
					 648.442(9) FS.
					 Law Implemented 903.14(3),
					 648.36,
					 648.44(1)(m),
					 648.442,
					 648.45
					 FS.
New 7-1-69, Repromulgated 12-24-74, Formerly 4-1.141,
					 Amended 9-10-91, Formerly 4-1.0141, Amended 4-14-97, Formerly
					 4-221.130.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.135 - Collateral Security Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				No bail bond agent shall accept collateral security or other indemnity of any
				type in an individual or aggregate amount totaling in excess of fifty thousand
				dollars ($50,000) cash per bond, except as provided by sections
				 648.442(1)(a)-(e),
				F.S., or by this rule.
(2) The
				meaning of "any other type of security" in section
				 648.442(1)(e),
				F.S., is defined to include only the following types of security:
(a) Shares of stock of a close corporation;
				or
(b) Patents, copyrights or
				trademarks.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.140 - Indemnity Agreement; Form

Current through Reg. 50, No. 138; July 16, 2024
No indemnity agreement shall be entered into between a
				  principal and surety or any agent of the surety, and no application shall be
				  accepted by a bail bond agent, engaged in the bail bond business, or a surety
				  company, for a bail bond in which an indemnity agreement is required between a
				  principal and a surety, or any agent of such surety, unless the indemnity
				  agreement reads as follows:
"For good and valuable consideration, the undersigned
				  principal hereby agrees to indemnify and hold harmless, the surety company or
				  its agent for all losses not otherwise prohibited by law, or rules of the
				  Department of Financial Services."
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.442
					 FS.
Repromulgated 12-24-74, Formerly 4-1.15, 4-1.015, Amended
					 4-14-97, 1-22-03, Formerly 4-221.140.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.145 - Use of Credit Cards and Cash Advance Facilities in Conjunction with Issuing Bail Bonds

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of
				this rule, a cash advance facility shall mean any person, as defined in section
				 624.04, F.S., who advances cash
				or issues a draft, check or other instrument to a credit card holder, charges
				the credit card holder's account for the amount of the advance, and charges a
				fee, commission, or any other form of consideration to the credit card holder
				for each cash advance transaction.
(2) A bail bond agent may provide access to a
				cash advance facility in his office. With respect to the issuance of a bail
				bond and to the maintenance of a cash advance facility system on the premises
				of a bail bond office, no bail bond agent shall directly or indirectly enter
				into any arrangement with a cash advance facility whereby the bail bond agent
				accepts anything of value from the cash advance facility, and no bail bond
				agent shall charge any person a fee for the use of the cash advance facility,
				in excess of the amount of the premium, and transfer fee if applicable,
				authorized by law to be charged for the issuance of a bail bond.
(3) The amount of the service charge imposed
				on the credit card customer by a cash advance facility shall be prominently and
				conspicuously posted in the office of the bail bond agent and each credit card
				customer who uses the cash advance facility shall be informed by the bail bond
				agent of the facility's applicable service charge in advance of completing the
				transaction.
(4) A bail bond agent
				may directly enter into an arrangement with a credit card facility in order to
				charge a credit card holder's account for the issuance of a bail bond.
(a) A bail bond agent may not charge or
				receive a transfer fee, or any other additional fee, surcharge or commission,
				for the use of a credit card if the bail bond agent accepts payment by credit
				card. Any fee or discount points which may be charged to the bail bond agent by
				the credit card facility or organization shall be borne by the bail bond agent
				and shall not be passed on to any person involved in the bail bond transaction.
				This paragraph does not prohibit a bail bond agent from charging a fee on a
				transfer bond in accordance with rule
				 69B-221.105, F.A.C.
(b) A bail bond agent may not deduct a
				transfer fee, or other additional fee, surcharge or commission, from the amount
				of collateral charged, except as provided in section
				 648.571(3)(b),
				F.S., at the time the collateral is returned.
(c) The credit card fee referenced in section
				648.571(3)(b)1., F.S., is the fee charged by the credit card
				issuer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.150 - Department May Request Information

Current through Reg. 50, No. 138; July 16, 2024
The Department may request any licensee or insurer to furnish
				  it with any information concerning the bail bond business of any licensee or
				  insurer which it deems necessary.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 624.318(2),
					 648.27,
					 648.36,
					 648.365,
					 648.48
					 FS.
Repromulgated 12-24-74, Formerly 4-1.10, Amended 9-10-91,
					 Formerly 4-1.010, Amended 4-14-97, 1-22-03, Formerly
					 4-221.150.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.155 - Forms for Limited Surety (Bail Bond) Agents

Current through Reg. 50, No. 138; July 16, 2024
The following forms for the bail bond industry are hereby
				  incorporated by reference and available from the Division's website at
http://www.MyFloridaCFO.com/Division/Agents/Licensure/Forms
:
(1) Form DFS-H2-1500, Limited Surety Agent,
				Professional Bail Bond Agent, Sworn Statement, (Eff. 6/11), which is used to
				comply with section  648.34(2)(d),
				F.S., to provide the sworn statements attesting to the character of an
				applicant for a limited surety (bail bond) agent license.
http://www.flrules.org/Gateway/reference.asp?No=Ref-00830
.
(2) Form DFS-H2-1509, Temporary Bail Bond
				Agent, Mandatory Employment Verification, (Eff. 6/11), which is used by an
				applicant to qualify for a temporary bail bond license as required by section
				 648.355(1)(e),
				F.S.
http://www.flrules.org/Gateway/reference.asp?No=Ref-00830
.
(3) Form DFS-H2-1544, Appointing Form, (Eff.
				6/11), which permits an appointing entity of a limited surety (bail bond) agent
				to authorize a licensee to act for the appointing entity as provided in section
				 648.382, F.S.
http://www.flrules.org/Gateway/reference.asp?No=Ref-00830
.
(4) Form DFS-H2-1544 Term, Appointment
				Termination Form, (Eff. 4/11), which permits the appointing entity of a limited
				surety (bail bond) agent to terminate the appointment of a licensee and cancel
				that licensee's authority to act for the appointing entity as provided in
				sections  648.383(1)  and
				 648.384(1),
				F.S.
http://www.flrules.org/Gateway/reference.asp?No=Ref-00830
.
(5) Form DFS-H2-2083
http://www.flrules.org/Gateway/reference.asp?No=Ref-03478
,
				Individual Application for Temporary Permit to Operate a Bail Bond Agency (Eff.
				3/13), which allows the personal representative or legal guardian of a deceased
				or mentally incapacitated owner of a bail bond agency to operate that agency as
				provided by section  648.285(2),
				F.S.
(6) Form DFS-H2-2084
http://www.flrules.org/Gateway/reference.asp?No=Ref-03479
,
				Temporary Permit to Operate a Bail Bond Agency (Eff. 3/13), which is the permit
				that will be issued by the Department when Individual Application for Temporary
				Permit to Operate a Bail Bond Agency is approved as provided in section
				 648.285(2),
				F.S.
Rulemaking Authority
					 624.308(1),
					 648.26(1)(a)
					 FS. Law Implemented 624.501(6), (14),
					 (21),
					 648.26(1)(a),
					 648.27,
					 648.285,
					 648.34,
					 648.355,
					 648.382,
					 648.383,
					 648.384,
					 648.39,
					 648.442(8)
					 FS.
New 1-8-12, Amended
					 1-6-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-222 - UNLICENSED INSURANCE PERSONNEL › Section 69B-222.010 - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of
				this rule chapter is to set out Department policy as to insurance related
				activities which may and may not be engaged in by persons who hold no licensure
				under chapter 626, F.S.
(2) These
				rules shall apply to all persons who conduct any of the activities described in
				this rule chapter; and to agents and other licensees under Chapter 626, F.S.,
				who employ, contract with, or otherwise use the services of such
				persons.
(3) Nothing in this rule
				chapter shall prevent or relieve any licensee from their obligations under
				sections  626.735 and
				 626.747, F.S., or any other
				provision of the Florida Insurance Code, or rules or orders of the
				Department.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.10,
					 624.11(1),
					 624.307(1),
					 626.0428,
					 626.112
					 FS.
New 10-12-93, Formerly
					 4-222.010.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-222 - UNLICENSED INSURANCE PERSONNEL › Section 69B-222.020 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this rule chapter the following definitions
				  shall apply.
(1) "Giving a quote"
				refers to the basic tasks of obtaining certain basic underwriting answers from
				the inquirer, and then consulting written underwriting materials that state the
				rate. Giving a quote does not involve application of judgment, processing,
				binding, policy interpretation, signing an application, procedure explanation,
				or insurance advice and counsel, or similar activity.
(2) "Incidental" means:
(a) Conduct by insurance agency personnel
				qualifies as "incidental" only if it meets the following three criteria:
1. All the work done under the "incidental"
				exception, in terms of the amount of time the unlicensed employee spends doing
				it, is 10% or less of the employee's time compared to time spent on other
				tasks;
2. The exact amount and
				timing of the work is unpredictable; and,
3. On an agency-wide aggregate level, all the
				work done by unlicensed employees under the "incidental" exception is 10% or
				less of such work as compared to the amount of such work done by agents,
				solicitors, and customer representatives in that office.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-222 - UNLICENSED INSURANCE PERSONNEL › Section 69B-222.030 - Remuneration for Unlicensed Insurance Agency Personnel

Current through Reg. 50, No. 138; July 16, 2024
It is unlawful for unlicensed insurance agency personnel to
				  receive any type of pay which is formally tied to the production of insurance
				  or insurance applications. Such payment for services rendered constitutes
				  illegal sharing of commissions. However, a small "bonus" paid once a year to
				  all unlicensed staff, which is purely gratuitous and which they had no legal
				  right to demand payment of, and is given because the agency had a good year,
				  would not be improper, such as a "Christmas Bonus."
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.0428,
					 626.112
					 FS.
New 10-12-93, Formerly
					 4-222.030.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-222 - UNLICENSED INSURANCE PERSONNEL › Section 69B-222.040 - Lawful Activity by Unlicensed Insurance Agency Personnel

Current through Reg. 50, No. 138; July 16, 2024
The following actions are allowable by unlicensed personnel
				  at any time:
(1) Serving in the
				capacity of switchboard operator, receptionist, or secretary, when merely
				taking incoming calls and visitors and routing them to licensed staff or taking
				messages.
(2) Explaining claims
				procedures or advising claimants as to the procedural status of claims, so long
				as same merely requires the unlicensed staffer to read from agency records and
				files and does not require application of judgment or interpretation.
(3) Answering incoming calls from existing
				clients as to purely administrative matters, so long as same merely requires
				the unlicensed staffer to read from agency records and files and does not
				require application of judgment or interpretation, such as "Do your files show
				receipt of my June premium?" or "What do your files show as the current
				expiration date on my homeowners policy?"
(4) At the direction of the agent, solicitor
				or customer representative:
(a) Calling back a
				specific person who had called the agent or customer representative or
				solicitor and setting up a solicitation meeting between the person and the
				agent or customer representative or solicitor.
(b) Conveying information to existing clients
				or claimants, such as "Agent Smith wanted me to call you and tell you he
				received your paperwork on your new car and it is covered under your existing
				policy effective immediately" or "Agent Smith asked me to let you know your
				claim has been allowed in full and you should get your check within 30
				days."
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-222 - UNLICENSED INSURANCE PERSONNEL › Section 69B-222.050 - Lawful Activities by Unlicensed Insurance Agency Personnel Done on an Incidental Basis Under Rule 69B-222.020(1)

Current through Reg. 50, No. 138; July 16, 2024
The following types of conduct by unlicensed staff are
				  allowable as long as they are done only on a basis "incidental" to the
				  employee's main duties:
(1) Taking an
				application for insurance in the agent's office, as set forth in rule
				 69B-222.020, F.A.C., for a
				person who has called or come into the office.
(2) Giving quotes in the agent's office, as
				set out in rule  69B-222.020, F.A.C., to persons
				calling or coming into the office and asking for a quote.
(3) Receiving premium at the agent's office.
				Receiving premium does not include the handling of premium by mail room
				personnel or other unlicensed personnel who handle mail.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.0428,
					 626.112
					 FS.
New 10-12-93, Formerly
					 4-222.050.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-222 - UNLICENSED INSURANCE PERSONNEL › Section 69B-222.060 - Unlawful Activities by Unlicensed Insurance Agency Personnel

Current through Reg. 50, No. 138; July 16, 2024
The following actions are never allowable by unlicensed
				  personnel.
(1) Comparing insurance
				products; advising as to insurance needs or insurance matters; or interpreting
				policies or coverages.
(2) Binding
				new, additional, or replacement coverage for new or existing customers; or
				binding coverage on or recording additional property under existing
				policies.
(3) Soliciting the sale
				of insurance by telephone, in person, or by other communication. However, the
				unlicensed person may telephone persons to set appointments for licensed and
				appointed agents, customer representatives, or solicitors, or to obtain basic
				policy information as to existing insurance coverage. The unlicensed person may
				not engage in a substantive discussion of insurance
				products.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.0428,
					 626.112
					 FS.
New 10-12-93, Formerly
					 4-222.060.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.110 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to establish requirements and
				  standards for all pre-licensing courses and providers of pre-licensing courses
				  for persons seeking to qualify for licensure, approval or certification by the
				  Department through education. This rule chapter also establishes curriculum
				  standards for special designation courses taken pursuant to Section
				   626.221, F.S., and Rule
				   69B-227.320,
				  F.A.C.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.221,
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.7015,
					 627.7074,
					 627.745,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.110,
					  69B-211.110, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.120 - Scope

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter shall apply to all curriculum standards for
				  special designation courses taken pursuant to Section
				   626.221, F.S., and to providers,
				  instructors, school officials, and students of pre-licensing courses and shall
				  govern the implementation and enforcement of pre-licensing
				  requirements.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.221,
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.7015,
					 627.7074,
					 627.745,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.120,
					  69B-211.120, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.140 - Providers

Current through Reg. 50, No. 138; July 16, 2024
(1) Application Procedure. An application for
				approval and registration to be a provider shall be submitted on Form
				DFS-H2-464, "Provider Application," which is incorporated by reference in Rule
				 69B-227.290, F.A.C., in
				accordance with the submission procedures in Rule
				 69B-227.290, F.A.C.
(2) Provider Requirements.
(a) A provider shall not offer a course which
				is required for licensure that has not been approved by the Department pursuant
				to this rule.
(b) The provider
				shall designate a school official who shall be accountable for the actions of
				the provider, including the provider's instructors, speakers, and monitors and
				be subject to administrative action pursuant to Rule
				 69B-227.310, F.A.C., on Form
				DFS-H2-464. The provider shall inform the Department of any change in the
				designated school official within thirty (30) days of the change. The provider
				must have at least one school official designated at all times. The provider
				shall not allow any individual to act as a school official who has not been
				approved as such by the Department under the standards referenced in Rule
				 69B-227.310, F.A.C.
(c) Providers shall maintain the records of
				each individual completing a course for five (5) years from the date of
				completion.
(d) Any changes in the
				provider's and its school official's telephone number, mailing address, street
				address, email address or administrative office address shall be electronically
				submitted to the Department by the provider within thirty (30) days via the
				Department's website at
https://dice.fldfs.com/public/pb_index.aspx
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.150 - Supervising Instructor for Bail Bond Agent Courses and School Officials

Current through Reg. 50, No. 138; July 16, 2024
An initial application for supervising instructor and school
				  official approval and registration is part of the application for provider
				  approval in accordance with Rule
				   69B-227.140, F.A.C. If a
				  provider wants to appoint a new or additional supervising instructor or school
				  official, the provider shall submit an application for approval and
				  registration on Form DFS-H2-1137, "School Official/Supervising Instructor
				  Application," which is incorporated by reference in Rule
				   69B-227.290, F.A.C., in
				  accordance with the submission procedures in Rule
				   69B-227.290,
				  F.A.C.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.2817,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.150,
					  69B-211.150, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.160 - Instructors

Current through Reg. 50, No. 138; July 16, 2024
(1) Instructors must be registered with the
				Department prior to teaching any classroom course subject to this rule chapter.
				To qualify as an instructor, an individual must meet the education or
				experience requirements set forth in subsections (2), (3) or (4) below. The
				individual shall submit an application for approval and registration on Form
				DFS-H2-398, "Instructor Application," which is incorporated by reference in
				Rule  69B-227.290, F.A.C., and shall
				be accompanied by documentation supporting the education or experience
				requirement.
(2)
(a) For all pre-licensing courses except bail
				bond, a registered instructor must possess at least one of the following
				requirements, subject to the limitations imposed in Rule
				 69B-227.310, F.A.C.:
1. At least ten (10) years working experience
				in the subject matter in the last twenty (20) years.
2. At least two hundred (200) hours
				instructing in the subject matter in the last four (4) years.
3. Chartered property and casualty
				underwriter (CPCU) or chartered life underwriter (CLU) designation.
4. Risk Management Insurance
				degree.
5. Florida Bar membership
				with two (2) years experience litigating the subject matter;
				or
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.170 - Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) An application for approval of a course
				must be submitted in accordance with Rule
				 69B-227.180, F.A.C., and the
				submission procedures in Rule
				 69B-227.290, F.A.C.
(2) Requirements for all courses.
(a) No course shall be taught unless
				previously approved by the Department.
(b) All courses must use the Department's
				current Florida Insurance Content outlines that are incorporated by reference
				in Rule  69B-227.290, F.A.C., and the
				study manuals required by Rule
				 69B-227.260, F.A.C.
(c) The course must provide instruction of no
				less than the hours specified in statute for the respective line(s) of
				insurance.
(d) All time used for
				examination shall be in addition to required course hours.
(e) A provider may not use copyrighted
				material without the expressed written consent of the owner of such
				material.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.180 - Course Offering and Attendance Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Each provider must submit, in accordance
				with the submission procedures in Rule
				 69B-227.290, F.A.C., a course
				offering on Form DFS-H2-397, "Offering Application," which is incorporated by
				reference in Rule  69B-227.290, F.A.C., each time
				the course is offered. The application must be submitted to the Department at
				least five (5) days prior to the date and time the course is offered. The
				Department shall assign a Course Offering Number to each course offering. This
				number must be entered on Form DFS-H2-400, "Attendance Roster Detail," which is
				incorporated by reference in Rule
				 69B-227.290, F.A.C.
(2) Changes to approved course offerings must
				be requested by the provider in writing and approved by the Department prior to
				the date when the change will be effective.
(3) Classes must be in session on scheduled
				dates during specified hours. Instructional time submitted on the course
				offering application shall match the number of hours on the corresponding
				Department-approved course.
(4)
				Each provider shall maintain accurate class attendance records on Form
				DFS-H2-400, "Attendance Roster Detail."
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.7015,
					 627.7074,
					 627.745,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.180,
					  69B-211.180, Amended 9-1-14,
					 3-31-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.190 - Certification of Students

Current through Reg. 50, No. 138; July 16, 2024
(1) The provider
				shall electronically submit to the Department in accordance with the submission
				procedures in Rule  69B-227.290, a completed Form
				DFS-H2-400, "Attendance Roster Detail," which is incorporated by reference in
				Rule  69B-227.290, F.A.C., of all
				students who have satisfactorily completed the course. The Attendance Roster
				Detail form must be received by the Department within 21 days after the final
				examination is administered.
(2)
				Form DFS-H2-1668, "Certification of Completion" which is incorporated by
				reference in Rule 69B-228.290, F.A.C., shall be issued to each person
				satisfactorily completing a course. "Satisfactory completion" as used herein
				shall mean that the student achieves a minimum score of 70 percent on the final
				examination, except for a student in a bail bond agent course who must achieve
				a minimum score of 80 percent on the final examination.
(3) Providers, instructors, and school
				officials are prohibited from, directly or indirectly, soliciting or receiving
				information from a person regarding that person's, or another person's,
				MyProfile login information, or any other login information that is related to
				any database located, operated or administered on or through the Department's
				website.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.7015,
					 627.7074,
					 627.745,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.190,
					  69B-211.190, Amended 9-1-14,
					 3-31-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.200 - Attendance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1)
					 FS.
New 4-11-94, Formerly 4-211.200,
					  69B-211.200, Repealed
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.210 - Postsecondary Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) An accredited
				institution of higher learning is exempted from the requirements of this rule
				chapter with regard to classroom courses for which students receive academic
				credits that count toward the pursuit of an associate, bachelor or higher level
				academic degree.
(2) In lieu of
				completing courses that have been filed and approved under this rule chapter,
				an individual can apply academic credit earned in a course exempt pursuant to
				subsection (1), above, for that type and class of license from an accredited
				institution of higher learning to satisfy the educational requirements. An
				individual can also satisfy these educational requirements by teaching a
				college-credit course approved by the Department at an accredited institution
				of higher learning.
(3) In order
				for a course to be accepted by the Department for purposes of credit, the
				individual must provide proof of completion from an accredited institution and
				must provide a summary of the course material which contains sufficient
				information for the Department to determine the applicability to the license
				sought. A semester hour of college-level instruction is equivalent to 13-1/2
				hours of classroom instruction in an approved pre-licensing course, as approved
				pursuant to Rule  69B-227.170, F.A.C. The hours
				must be in the specific subject matter of the licensure which the individual is
				seeking. Only the hours attributable to the subject matter of the licensure
				sought shall be applied to fulfill this requirement.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.745,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.210,
					  69B-211.210, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.220 - Examinations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.745,
					 648.34,
					 648.37
					 FS.
New 4-11-94, Formerly 4-211.220,
					  69B-211.220, Repealed
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.230 - Refund of Student Course Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) If a
				course is cancelled for any reason, all course fees must be refunded by the
				course provider in full within 45 days of cancellation.
(2) In the event a course is postponed for
				any reason, students shall be given the choice of attending the course at a
				later date or having their course fees refunded in full within 45
				days.
(3) A provider shall have a
				refund policy addressing a student's cancellation or failure to complete a
				course. The policy shall be clearly set forth prior to
				registration.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.2817
					 FS.
New 4-11-94, Formerly 4-211.230,
					  69B-211.230, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.240 - Facilities

Current through Reg. 50, No. 138; July 16, 2024
Classroom courses shall be conducted in a facility which is
				  suitable for classroom-type instruction.
Rulemaking Authority
					 624.308(1),
					 626.2817 FS. Law Implemented
					 624.307(1),
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.7015,
					 627.7074,
					 627.745,
					 648.34,
					 648.386
					 FS.
New 4-11-94, Formerly 4-211.240,
					  69B-211.240, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.250 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) Courses shall not be advertised in any
				manner as an approved pre-licensing course unless course approval has been
				granted, in writing, by the Department. The wording "approval pending" or
				similar language is not authorized to be used for any course.
(2) Advertising must be truthful, clear, and
				not deceptive or misleading.
(3) No
				advertisement for a course subject to this rule chapter shall contain the Great
				Seal of the State of Florida identified in Section
				 15.03, F.S., or Department logo,
				or shall be otherwise made to appear as if the Department or State of Florida
				is providing or endorsing a course or provider.
(4) Advertising shall display the course
				name, course authority, provider number, provider name, the Florida course
				identification number, and study method.
(5) An approved course provider that places,
				or causes to be placed, an advertisement for a course bears responsibility for
				the content of the advertisement and its compliance with this rule
				chapter.
Rulemaking Authority
					 624.308(1),
					 626.2817,
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.2817,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 626.9541(1),
					 627.7015,
					 627.7074,
					 627.745,
					 648.34,
					 648.37
					 FS.
New 4-11-94, Formerly 4-211.250,
					  69B-211.250, Amended
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.260 - Study Aids

Current through Reg. 50, No. 138; July 16, 2024
(1) Each school
				official shall, prior to the commencement of a pre-licensing course furnish to
				each student the name and contact information for the current study manual
				vendor and verify the first day of class that each student is aware that the
				state licensing examination will be based upon the latest edition of the
				approved study manual. Study manuals are required for the following courses:
(a) General Lines Agent, Personal Lines Agent
				or Customer Representative.
(b)
				Industrial Fire Agent.
(c) Health
				& Life (Including Annuities & Variable Contracts).
(d) Title Agent.
(e) Surplus Lines
				Agent.cvs
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.270 - Prohibited Practices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.745,
					 648.34,
					 648.37
					 FS.
New 4-11-94, Formerly 4-211.270,
					  69B-211.270, Repealed
					 9-1-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-227 - PRELICENSING EDUCATION › Section 69B-227.280 - Falsification of Reports (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1),
					 624.418,
					 626.611,
					 626.621,
					 626.732(1)(a),
					 626.7351,
					 626.7851,
					 626.8311,
					 626.8417,
					 626.927,
					 627.745,
					 648.34,
					 648.37
					 FS.
New 4-11-94, Formerly 4-211.280,
					  69B-211.280, Repealed
					 9-1-14.