reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-193 - CONTINUING CARE CONTRACTS › Section 69O-193.066 - Corrective Action Plan

Current through Reg. 50, No. 138; July 16, 2024
(1) The Office shall
				approve a corrective action plan submitted pursuant to Section
				651.034, F.S., if the plan
				includes:
(a) A statement of the fundamental
				problems causing the regulatory action level event to occur;
(b) A description of the pricing,
				operational, or other changes to be made that are reasonably expected to result
				in the elimination of the regulatory action level event;
(c) A specific reasonable time schedule for
				implementation of the changes described in paragraph (1)(b);
(d) Occupancy projections for three years
				broken down by level of care;
(e) A
				financial forecast or projected financial statements for three years
				demonstrating the effect of the proposed changes;
(f) A forecast or projection of the debt
				service coverage ratio and days cash on hand for the periods included in the
				financial forecast or projected financial statements, which may be included in
				the financial forecast or projected financial statements or provided as a
				separate document; and
(g) Key
				assumptions supporting the financial forecast or projected financial
				statements.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.001 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 641.403 FS. Law Implemented 641.403
					 FS.
New 5-9-85, Formerly 4-69.01, 4-69.001, 4-194.001, Repealed
					 9-28-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) All terms defined in the Prepaid Health
				Clinic Act which are used in these rules shall have the same meaning as in the
				Act.
(2) PHC. Prepaid health
				clinics shall be abbreviated as PHC in these rules.
(3) Basic Services. Basic services include
				any of the following services which if offered shall meet the definitions in
				paragraphs (a) through (d) of this subsection:
(a) Emergency Care. Emergency outpatient
				services shall be provided on a twenty-four hour basis, either by the PHC
				through its own facilities or through guaranteed arrangements with other
				providers. Life-saving measures must be furnished. A physician and sufficient
				other licensed and ancillary personnel shall be readily available at all
				times.
(b) Physician Care.
				Physician care including licensed paramedical and other ancillary health care
				personnel shall be of sufficient type and amount to provide adequately for the
				contracted services.
(c) Ambulatory
				Diagnostic Treatment. Ambulatory and/or outpatient diagnostic treatment
				services shall be provided with emphasis directed toward primary
				care.
(d) Preventive Health Care
				Services. A program of health evaluation, education and immunizations shall be
				provided which is designed to prevent illness and disease and to improve the
				general health of PHC subscribers. This program shall include at least the
				following:
1. Services for
				infertility;
2. Well-child care
				from birth;
3. Periodic health
				evaluations for adults;
4. Eye and
				ear examinations for children through age 17, to determine the need for vision
				and hearing correction; and
5.
				Pediatric and adult immunizations, in accord with accepted medical
				practice.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.003 - Prepaid Health Clinic Application

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				application for a person applying for a certificate of authority as a prepaid
				health clinic consists of the following:
(a)
				Form OIR-C1-483, "Application for Certificate of Authority Prepaid Health
				Clinic," effective 07/23, hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16247
;
(b) Form OIR-C1-905, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-938, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-1423, incorporated by
				reference in Rule 69O-136.100, F.A.C.
(e) Form OIR-C1-0500, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-0501, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0502, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0503, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0504, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0505, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0506, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
				and
(l) Form OIR-C1-0507,
				incorporated by reference in Rule
				69O-136.100,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.004 - Insurance - General Liability and Medical Malpractice

Current through Reg. 50, No. 138; July 16, 2024
Evidence of the existence of insurance or a plan for
				  self-insurance approved by the Office must be submitted at least 30 days prior
				  to the expiration date of the policy and with each annual report. The Office
				  shall consider the potential general liability and potential malpractice
				  liability of a PHC in determining an appropriate amount of
				  insurance.
Rulemaking Authority 641.403 FS. Law Implemented
					 641.406(8), 641.409, 641.472 FS.
New 5-9-85, Formerly 4-69.04, 4-69.004,
					 4-194.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.005 - Prepaid Health Clinic Contract

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) "Prepaid health clinic" or "PHC contract"
				means the certificate or contract provided to the subscriber which describes
				the health care services provided and the amount to be charged. Every
				subscriber shall be given a PHC contract unless subsection (2) of this rule
				applies.
(b) Both individual and
				family prepaid health clinic contracts must contain the entire agreement
				between the PHC and the subscriber, including: date of contract; rate to be
				charged; mode of payment, which shall be monthly; grace period for late
				payment; copayment features, if any; renewal conditions; services to be
				furnished; names and addresses of the clinics or other facilities at which
				services are available; provisions pertaining to pre-existing conditions;
				limitations; exclusions and exceptions, such as waiting periods, specific
				conditions not covered and limitations on length of stay, enrollment and
				disenrollment procedures, and all other qualifying or limiting features;
				provisions pertaining to amount and kind of reimbursement made if the illness
				or accident happens outside of the PHC's geographic area and an explanation of
				this coverage; provisions for adding new family members; and any other
				information necessary for a complete understanding of what is covered and what
				is excluded by the contract.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.006 - Rates

Current through Reg. 50, No. 138; July 16, 2024
(1) For new rates under new prepaid health
				clinic contracts, the PHC must submit a copy of the new rates, and a full
				explanation of how the rates were calculated, including utilization
				assumptions, signed by the preparer.
(2) For new rates under existing prepaid
				health clinic contracts, the PHC must submit a comparison of the new rates and
				the existing rates. The PHC must also describe who calculated the rates, and
				submit a full explanation of how the new rates were calculated, including
				utilization assumptions and a description of past
				experience.
Rulemaking Authority 641.403 FS. Law Implemented 641.42,
					 641.405, 641.406 FS.
New 5-9-85, Formerly 4-69.06, 4-69.006,
					 4-194.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.007 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) Advertising includes printed and
				published material, descriptive literature and sales aids, sales talks and
				sales materials, booklets, forms and pamphlets, illustrations, depictions and
				form letters, and newspaper, radio, television and direct mail advertising, and
				any other material prepared for dissemination to the public.
(2) Advertising must be truthful and not
				misleading in fact or implication. Words or phrases shall not be used whose
				meaning is unclear or whose understanding depends upon familiarity with
				technical terminology.
(3) The
				format and content of any PHC advertising shall be sufficiently complete and
				clear so as not to be untrue, deceptive, or misleading. Whether an
				advertisement has the capacity or tendency to mislead or deceive shall be based
				on the overall impression which the advertisement may be reasonably expected to
				create upon a person of average education and intelligence.
(4) All advertisements must clearly show or
				state the name and address of the PHC as filed with the
				Office.
Rulemaking Authority 641.403 FS. Law Implemented 641.42,
					 641.421, 641.441 FS.
New 5-9-85, Formerly 4-69.07, 4-69.007,
					 4-194.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.008 - Merchandising

Current through Reg. 50, No. 138; July 16, 2024
The manner of merchandising subscriber contracts must be
				  fully explained by the PHC prior to certification. All salesmen or
				  representatives of the PHC engaged in soliciting subscribers are bound by these
				  rules. The PHC is responsible for the acts of its representatives in soliciting
				  subscribers.
Rulemaking Authority 641.403 FS. Law Implemented 641.441
					 FS.
New 5-9-85, Formerly 4-69.08, 4-69.008,
					 4-194.008.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.009 - Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each PHC shall
				file with the Office a full and true report of its financial condition,
				transactions, and affairs.
(a) An annual
				report covering the preceding fiscal year shall be filed on or before April 1
				or within 3 months of the end of the reporting period of the clinic.
1. The executed Jurat page of said report
				shall be transmitted electronically to the Office via the Regulatory Electronic
				Filing System, "REFS." The date affixed by the Office's electronic data
				processing system shall serve as evidence of the timeliness of the report. A
				report in any other format shall not be submitted to the Office.
2. Each PHC shall submit its report
				electronically to the National Association of Insurance Commissioners in
				accordance with the electronic filing instructions incorporated by reference in
				paragraph 69O-137.001(3)(b),
				F.A.C.
3. The report shall be
				prepared in accordance with the manuals incorporated by reference in paragraph
				69O-137.001(4)(a),
				F.A.C.
4. Copies of the manuals are
				available:
a. From the National Association of
				Insurance Commissioners at
http://www.naic.org
and
b. For inspection during regular business
				hours at the Office of Insurance Regulation, Larson Building, 200 East Gaines
				Street, Tallahassee, Florida 32399-0300.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.010 - Fees

Current through Reg. 50, No. 138; July 16, 2024
Checks for the original filing or amendments thereto, and for
				  filing of each annual report shall be made payable to the "Chief Financial
				  Officer, State of Florida."
Rulemaking Authority 641.403 FS. Law Implemented 641.412
					 FS.
New 5-9-85, Formerly 4-69.10, 4-69.010, 4-194.010, Amended
					 9-28-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.011 - Change of Name

Current through Reg. 50, No. 138; July 16, 2024
No name other than that certificated by the Office may be
				  used. The name of the PHC shall not be changed without prior approval of the
				  Office. No PHC shall be certificated using a name under which it is doing
				  business unless that is its only name.
Rulemaking Authority 641.403 FS. Law Implemented 641.405,
					 641.406, 641.441 FS.
New 5-9-85, Formerly 4-69.11, 4-69.011,
					 4-194.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.012 - Change in Geographic Area

Current through Reg. 50, No. 138; July 16, 2024
The PHC shall notify the Office of any expansion,
				  contraction, or other change in geographic service area 30 days before the
				  change becomes effective.
Rulemaking Authority 641.403 FS. Law Implemented 641.405,
					 641.406(1) FS.
New 5-9-85, Formerly 4-69.12, 4-69.012,
					 4-194.012.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-194 - PREPAID HEALTH CLINICS › Section 69O-194.030 - Forms Incorporated by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 641.403 FS. Law Implemented 624.424,
					 624.501(26), 641.402, 641.405, 641.41, 641.416
					 FS.
New 6-25-90, Formerly 4-69.081, 4-194.030, Amended 7-30-17,
					 Repealed 9-28-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.001 - Standard Cancellation Notice

Current through Reg. 50, No. 138; July 16, 2024
When a premium finance agreement contains a power of attorney
				  or other authority enabling the premium finance company to cancel any insurance
				  contract or contracts listed in the agreement, all premium finance companies
				  licensed to do business in this state shall effect cancellation of such
				  policies by the use of a form containing the wording and information set forth
				  below and shall be printed on a color paper of a shade of pink, to include all
				  parts of any multi-part form:
STANDARD CANCELLATION NOTICE
PREMIUM FINANCE COMPANY IMPRINT
________________________________________________________________________________________________________
NOTICE OF CANCELLATION
Insured
Agent
Insurance Company
Policy Number ___________
Cancellation Date ___________
Account Number ___________
Unpaid Premium Balance Due ___________
You are hereby notified that the policy described above is
				  cancelled for non-payment of an installment in accordance with the conditions
				  and terms of the premium finance agreement which incorporates a power of
				  attorney. This cancellation is effective one day after the above captioned
				  date, at the hour indicated in the policy as the effective time.
The Florida Insurance Code, Part XV of Chapter 627, F.S.,
				  recognizes this as a valid notice of cancellation and provides that the gross
				  unearned premium be returned to the premium finance company.
If the policy or any statute requires the insurer to give
				  notice to a mortgagee, governmental agency, or other third party before the
				  policy can be cancelled, the insurer shall give the prescribed notice in behalf
				  of itself or the insured to any governmental agency, mortgagee, or other third
				  party on or before the second business day after the day it receives the notice
				  of cancellation from the premium finance company and shall determine the
				  effective date of cancellation taking into consideration the number of days
				  notice required to complete the cancellation.
IF THE ABOVE-CAPTIONED INSURANCE CONTRACT PROVIDES MOTOR
				  VEHICLE LIABILITY INSURANCE REQUIRED BY THE FINANCIAL RESPONSIBILITY LAW, PROOF
				  OF FINANCIAL RESPONSIBILITY IS REQUIRED TO BE MAINTAINED CONTINUOUSLY FOR A
				  PERIOD OF THREE (3) YEARS, PURSUANT TO CHAPTER 324, F.S., AND THE OPERATION OF
				  A VEHICLE WITHOUT SUCH FINANCIAL RESPONSIBILITY IS UNLAWFUL.
Rulemaking Authority 624.308(1), 627.848(3) FS. Law
					 Implemented 624.307(1), 627.848 FS.
New 12-23-65, Repromulgated 12-24-74, Formerly 4-18.01,
					 4-18.001, Amended 7-27-95, Formerly 4-196.001, Amended
					 5-24-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.002 - Notice of Intent to Cancel to be Mailed

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				627.848(1),
				F.S., provides that not less than ten days written notice be mailed to each
				insured shown on the premium finance agreement of the intent of the premium
				finance company to cancel the insurance contract unless the defaulted
				installment payment is received within ten days.
(2) The words "mailed to each insured" are
				interpreted to include a certificate of mailing to the last known address of
				the insured, and the premium finance company must maintain in its files a hard
				copy, photocopy, or electronically stored reproduction of the actual 10-day
				notice sent.
Rulemaking Authority 624.308(1), 627.848(1) FS. Law
					 Implemented 624.307(1), 627.848 FS.
New 9-18-70, Repromulgated 12-24-74, Formerly 4-18.02,
					 4-18.002, Amended 7-27-95, Formerly 4-18.03, 4-18.003,
					 4-196.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.004 - Determination of Net Worth of Premium Finance Companies

Current through Reg. 50, No. 138; July 16, 2024
(1) The Office shall use the applicable
				criteria as set forth under Section
				625.012, F.S., for the purpose
				of determining which kinds of assets will be allowed in determining the net
				worth of premium finance companies.
(2) The Office shall use the applicable
				criteria as set forth under Section
				625.031, F.S., to determine
				which kinds of assets will not be allowed in determining the net worth of
				premium finance companies.
Rulemaking Authority 624.308(1), 627.828(2) FS. Law
					 Implemented 624.307(1), 627.828 FS.
New 10-20-73, Repromulgated 12-24-74, Formerly 4-18.04,
					 4-18.004, 4-196.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.005 - Filing Surety Bond in Lieu of Net Worth

Current through Reg. 50, No. 138; July 16, 2024
(1) A surety bond in the amount of $35,000.00
				may be filed with the Office by premium finance companies in conjunction with a
				$10,000 minimum net worth; and all filings shall be submitted electronically to
https://www.floir.com/iportal
.
(2) Such surety bond must be written by an
				insurer authorized to do business in this state.
Rulemaking Authority 624.308(1), 627.828(2) FS. Law
					 Implemented 624.424, 627.828 FS.
New 10-20-73, Repromulgated 12-24-74, Formerly 4-18.05,
					 4-18.005, Amended 8-29-99, Formerly 4-196.005, Amended 7-30-17,
					 5-24-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.006 - Filing Other Acceptable Collateral in Lieu of Net Worth

Current through Reg. 50, No. 138; July 16, 2024
(1) Other acceptable collateral as permitted
				by Section 627.828(1),
				F.S., includes cash, certificates of deposit in a qualified public depository,
				and securities, such as filed with the Office by insurance companies pursuant
				to Section 625.52, F.S.
(2) Other acceptable collateral as defined
				herein filed by licensed premium finance companies in lieu of having a
				statutory net worth of $35,000.00 must maintain a constant value of not less
				than the prescribed amount of $35,000.00 at all times, and shall not relieve
				the premium finance company from the requirement to remain
				solvent.
Rulemaking Authority 624.308(1), 627.828(2) FS. Law
					 Implemented 624.424, 624.307(1), 627.828, 627.829
					 FS.
New 10-20-73, Repromulgated 12-24-74, Formerly 4-18.06,
					 4-18.006, Amended 7-27-95, Formerly
					 4-196.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.007 - Annual Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) The annual
				report shall be filed on or before March 1 of each year.
(2) An Annual Report shall be filed with the
				Office, on or before March 1 of each year, on Form OIR-A3-107 "Annual Report"
				effective 07/23, hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16204
.
				Each page of the form shall be completed and prepared according to the
				instructions. An incomplete form shall be returned and considered not filed by
				the Office. Failure to file a complete annual report by the due date shall
				subject a licensee to fines as set forth in Rule
				69O-207.001, F.A.C., and
				discipline as provided in Sections
				627.832 and
				627.833, F.S. The filings shall
				be submitted electronically via the Office's system at
https://www.floir.com/iportal
.
Rulemaking Authority 624.308(1), 627.836(2) FS. Law
					 Implemented 624.424, 627.836 FS.
New 10-20-73, Repromulgated 12-24-74, Formerly 4-18.07,
					 4-18.007, Amended 7-27-95, 8-29-99, Formerly 4-196.007, Amended 7-30-17,
					 5-24-21, 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.008 - Failure to Comply (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.832, 627.833 FS.
New 10-20-73, Repromulgated 12-24-74, Formerly 4-18.08,
					 4-18.008, Amended 7-27-95, Formerly 4-196.008, Repealed
					 1-28-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.009 - Other Reports and Corrective Action Plans

Current through Reg. 50, No. 138; July 16, 2024
To aid the Office in determining a licensee's continued
				  eligibility to hold a premium finance license:
(1) If the Office has reason to believe that
				the owners, officers, or directors of the premium finance company or any parent
				or controlling company, if any, have been involved in activity which has been
				shown to be hazardous to the insurance-buying public in this or any other
				state, the Office shall require all owners of 10% or more of the company's
				stock, and all officers and directors, to update the biographical information
				on file with the Office.
(2)
				Changes in senior corporate officers, chief executive officer, chief financial
				officer, or directors (or members of a properly authorized and appointed
				executive committee thereof) or, if the licensee is not incorporated, changes
				in management personnel who have decision or policy-making authority over the
				premium finance company, shall be reported in writing to the Office within 60
				days after the effective date of the change. Such changes will require
				completion of biographical information in the form required by the Office
				adopted in Rule 69O-196.015, F.A.C., and an
				independent investigative background report of the person or entity, plus an
				investigation fee. All filings shall be submitted electronically to
https://www.floir.com/iportal
.
(3) Every premium finance company is subject
				to the provisions of Section
				628.4615, F.S. Each application
				for acquisition of an authorized premium finance company is subject to a
				license fee and an investigation fee.
(4) Whenever the financial condition of the
				premium finance company is such that administrative supervision is appropriate
				based on the standards set forth in Rule
				69O-141.002, F.A.C., the Office
				shall order the premium finance company to file with the Office and implement a
				corrective action plan designed to do one or more of the following:
(a) Reduce the total amount of present
				liability by assignment of contracts or other means.
(b) Reduce the expenses of the premium
				finance company by methods specified in the corrective plan, subject to the
				standards set forth in Rule
				69O-141.003, F.A.C.
(c) Suspend or limit the writing of new
				business for a period of time necessary to protect the public from the
				hazardous financial condition of the premium finance company.
(d) Require an increase in the premium
				finance company's net worth sufficient to bring the company into compliance
				with Section 627.828,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.010 - Refunds

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in subsection (2), a
				premium finance company shall be responsible to refund to the insured all
				monies due or held on the insured's behalf, within 30 days after receipt of the
				funds from an insurer or other person. Refunds arising for reasons other than
				cancellation of the contract may be sent directly from the premium finance
				company to the insured or the insurance agent.
(2) Upon receipt of a cancellation notice
				from a premium finance company, the insurer shall within thirty (30) days,
				refund the unearned premium to the premium finance company and notify the
				insured, agent and premium finance company of the amount of unearned premium
				which is being returned to the premium finance company and the amount of the
				agent's unearned commission held by the agent. The notice must indicate to the
				insured that the amount of unearned premium refunded to the premium finance
				company and the amount of unearned commission that is held by the agent quoted
				in this notice will be used by the premium finance company to satisfy the
				insured's loan balance and other obligations under the premium finance
				agreement prior to the refund to the insured.
(a) Within 15 days of receipt of the funds,
				if the premium finance company chooses to refund or credit to the agent, the
				premium finance company shall notify the insured and agent of the refunded
				amount and return or credit said funds to the insurance agent.
(b) Within 15 days of receipt of the
				notification as outlined above and the receipt or credit of any unearned
				premium, the agent shall return the unearned premium including any unearned
				commission or other funds due the insured or, with written approval of the
				insured, apply the unearned premium and unearned commission to other insurance
				products regulated by the Office. Under no circumstances may the agent withhold
				the return of the unearned commission or unearned premium to the insured after
				notification by the insurer and premium finance company.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.015 - Application for and Issuance of License and License Continuance

Current through Reg. 50, No. 138; July 16, 2024
(1) Application for License as a Premium
				Finance Company.
(a) A person applying for a
				license as a premium finance company shall submit the following:
1. Form OIR-C1-958, "Application for License
				Premium Finance Company," effective 07/23, hereby incorporated by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16209
;
2. Form OIR-A3-453, "Premium Finance Company
				Surety Bond," effective 07/23, hereby incorporated by reference and available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16205
;
3. Form OIR-C1-454, "Personal Financial
				Statement," effective 07/23, hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16207
;
4. Form OIR-C1-905, incorporated by reference
				in Rule 69O-136.100, F.A.C.;
5. Form OIR-C1-938, incorporated by reference
				in Rule 69O-136.100, F.A.C.;
6. Form OIR-C1-957, "Instructions for
				Statutory Compliance of Forms: Premium Finance Companies," effective 3/21,
				hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13034
;
7. Form OIR-C1-1423, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
8. Form OIR-C1-0500, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
9. Form OIR-C1-0501, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
10. Form OIR-C1-0502, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
11. Form OIR-C1-0503, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
12. Form OIR-C1-0504, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
13. Form OIR-C1-0505, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
14. Form OIR-C1-0506, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
15. Form OIR-C1-0507, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
16. Form OIR-C1-0509, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
17. Form OIR-C1-2221, "Management Information
				Form," effective 6/20, hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13037
;
				and
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.020 - Premium Financing of Products Not Regulated by the Florida Insurance Code and Related Unfair Trade Practices Prohibited

Current through Reg. 50, No. 138; July 16, 2024
(1) The term "automobile club" as used in
				this rule shall have the same meaning as in Section
				627.8405(1),
				F.S.
(2) The term "procuring" as
				used in Section 624.124, F.S., does not include
				premium financing.
(3) Financing
				the cost of an automobile club membership within a premium finance agreement,
				or collecting or remitting of dues, assessments, fees or other periodic
				payments is prohibited by Section
				627.8405, F.S., even if
				insurance coverage is a benefit of the membership.
(4) Financing of any benefit, including any
				insurance coverage, provided in a motor club membership, or collecting or
				remitting of dues, assessments, fees or other periodic payments is
				prohibited.
(5) Financing the cost
				of an accidental death and dismemberment policy or collecting or remitting of
				dues, assessments, fees or other periodic payments sold in combination with
				personal injury protection and property damage only policies is
				prohibited.
(6) Section
				627.8405(3),
				F.S., prohibits premium financing of any product not regulated under the
				Florida Insurance Code including mixed products which contain a part that is
				not regulated under the Florida Insurance Code.
Rulemaking Authority 624.308(1), 627.8405(3) FS. Law
					 Implemented 627.832, 627.8405 FS.
New 12-27-94, Amended 8-29-99, Formerly 4-196.020, Amended
					 5-24-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.021 - Disclosure Requirements for Insurance Coverages Financed With Personal Injury Protection

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever motor
				vehicle insurance is financed, the agent shall disclose at the time of sale any
				coverages financed with personal injury protection other than property damage
				liability, bodily injury, collision, uninsured motorist, or comprehensive
				coverage for damage of or loss to the vehicle.
(2) The disclosure shall be on Form
				OIR-A3-1162, "Insurance Premium Financing Disclosure Form," effective 3/95,
				hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13028
.
				The filings shall be submitted electronically via the Office's system at
https://www.floir.com/iportal
.
(3) The disclosure shall be signed by the
				insured.
(4) Copies of the signed
				disclosure shall be given to the agent, insured, and the premium finance
				company.
Rulemaking Authority 624.308(1), 627.8405 FS. Law
					 Implemented 624.424, 627.8405 FS.
New 3-1-95, Amended 8-16-95, Formerly 4-196.021, Amended
					 7-30-17, 5-24-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.022 - Maximum Financing Requirements

Current through Reg. 50, No. 138; July 16, 2024
The maximum financing requirement in Section
				  627.8405(3),
				  F.S., applies to total premium, including any additional premiums charged after
				  the inception of the policy.
Rulemaking Authority 624.308(1), 627.8405(3) FS. Law
					 Implemented 624.307(1), 627.8405(3)
					 FS.
New 12-27-94, Formerly
					 4-196.022.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.023 - Insurance Agent Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.621(12), Ch. 627 Part XV
					 FS.
New 12-27-94, Formerly 4-196.023, Repealed
					 5-24-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.025 - Statement of Account; Receipts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.424, 627.845, 626.9541(1)(a)
					 FS.
New 7-27-95, Formerly 4-196.025, Amended 7-30-17, Repealed
					 5-24-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.028 - Cancellation of Insurance Contract Upon Default

Current through Reg. 50, No. 138; July 16, 2024
Section 627. 842, F.S., provides that the only acceptable
				  grounds for cancelling an insured's insurance policy is "nonpayment of
				  premium." Therefore, no insured's policy is to be cancelled for nonpayment of
				  miscellaneous charges. To further clarify the Office's position in this matter,
				  the following guidelines are provided:
(1) If the insured makes his regularly
				scheduled premium installment payment in full, but fails to include a late
				charge, or any other miscellaneous fee, the premium finance company must accept
				the payment and apply it to the installment payment due. The premium finance
				company may not cancel for nonpayment of the late charge. However, it may
				notify the insured in writing that there is an outstanding late charge and
				demand payment of same.
(2) Each
				payment when received shall be applied first to the installment payment due for
				that month and last to any miscellaneous charges.
(3) Each payment is considered to stand alone
				and is applied when received according to the guidelines of this
				section.
Rulemaking Authority 624.308(1), 627.848(1) FS. Law
					 Implemented 624.307(1), 627.842, 627.848
					 FS.
New 7-27-95, Formerly
					 4-196.028.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.030 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in chapter 627, part XV, F.S., and these rules, the
				  term:
(1) "Default" means nonpayment
				of an installment payment due under a premium finance agreement.
(2) "Gross Amount Available" means the gross
				amount of unearned premium on the cancelled policy, including unearned
				commission.
(3) "Impaired" means
				that the premium finance company is not in compliance with the financial
				requirement of section
				627.828, F.S.
(4) An "Inducement" is an incentive which
				motivates an insurance purchaser to finance the premium payment or which
				motivates any person to lead or influence an insured into financing the
				insurance coverage being purchased; or any compensation or consideration
				presented to a person based upon specific business performance whether under
				written agreement or otherwise. (See also examples under the definition of
				"rebates" below which could also constitute an inducement.)
(5) "Insolvent" or "insolvency" means that
				all the statutory assets of the premium finance company, if made immediately
				available, would not be sufficient to discharge all of its liabilities, or that
				the premium finance company is unable to pay its debts as they become due in
				the usual course of business.
(6)
				"Person" has the same meaning as in section
				1.01, F.S.
(7) "Statutory net worth" means the net worth
				of the company calculated in accordance with generally accepted accounting
				principles, as modified by sections
				625.012 and
				625.031,
				F.S.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.828, 627.829, 627.832, 627.839, 627.840, 627.841, 627.842,
					 627.848 FS.
New 7-27-95, Formerly
					 4-196.030.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.035 - Required Books and Records

Current through Reg. 50, No. 138; July 16, 2024
At a minimum for permanent books and records, each licensed
				  premium finance company shall maintain:
(1) A complete set of accounting records
				including:
(a) A general ledger;
(b) Cash receipts and disbursements
				journals;
(c) Accounts receivable
				registers; and
(d) Accounts payable
				registers, together with supporting documentation evidencing each
				entry.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-196 - PREMIUM FINANCE COMPANIES › Section 69O-196.038 - Limit on Additional $20 Service Charge

Current through Reg. 50, No. 138; July 16, 2024
(1) The additional $20 charge referred to in
				section 627.840(3)(b),
				F.S., may be charged only once in a 12-month period for any one customer
				regardless of the number of premium finance agreements entered into during the
				12-month period or the number of policies financed in each finance
				agreement.
(2) The only exception
				to the limitation on the additional charge is in instances where a customer's
				finance contract has been cancelled due to nonpayment within the immediately
				preceding 12-month period. In such instances, a company may collect the
				additional charge again if it refinances the customer's policy during the same
				12-month period.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.840 FS.
New 7-27-95, Formerly
					 4-196.038.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-197 - INSURANCE ADMINISTRATOR › Section 69O-197.001 - Application for Certificate of Authority as an Insurance Administrator

Current through Reg. 50, No. 138; July 16, 2024
(1) A person applying for a Certificate of
				Authority to operate as an insurance administrator, including an applicant
				seeking to register as a pharmacy benefit manager, shall submit the following:
(a) Form OIR-C1-1075, "Application for
				Certificate of Authority of an Insurance Administrator," effective 7/23, hereby
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16047
;
(b) Form OIR-C1-905, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-938, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-1423, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-0500, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-0501, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0502, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0503, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0504, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0505, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0506, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0507, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0509, incorporated by
				reference in Rule 69O-136.100, F.A.C.;
				and
(n) Form OIR-C1-2221,
				incorporated by reference in Rule
				69O-136.100,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-197 - INSURANCE ADMINISTRATOR › Section 69O-197.004 - Remittance Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following must be included in the remittance provided by
				  the pharmacy benefit manager to the pharmacy:
(1) The applicable network reimbursement ID
				or plan ID as defined in the most current version of the National Council for
				Prescription Drug Programs (NCPDP) Telecommunication Standard Implementation
				Guide, or its nationally recognized successor industry guide;
(2) Payor information; and
(3) Contact information.
Rulemaking Authority 624.308(1), 626.8825(3), 626.8991 FS.
					 Law Implemented 626.8825 FS.
- New 12-19-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-197 - INSURANCE ADMINISTRATOR › Section 69O-197.005 - Independent Professional Examiners

Current through Reg. 50, No. 138; July 16, 2024
The following are independent professional examiners who may
				  conduct examinations under section
				  626.8828, F.S.:
(1) Independent certified
				accountants;
(2)
				Actuaries;
(3) Investment
				specialists;
(4) Information
				technology specialists;
(5)
				Pharmacists and/or people with pharmacy experience;
(6) Persons with insurance and/or pharmacy
				benefit manager experience;
(7)
				Persons with experience conducting market conduct examinations; and
(8) Other persons with specializations and
				expertise that lend themselves to particular examination.
Rulemaking Authority 624.308(1), 626.8828(2), (7), 626.8991
					 FS. Law Implemented 626.8828
					 FS.
- New 12-19-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-197 - INSURANCE ADMINISTRATOR › Section 69O-197.006 - Insurance Administrator Annual Statement

Current through Reg. 50, No. 138; July 16, 2024
(1) An annual statement and a $250 filing fee
				shall be filed with the Office within 3 months after the end of the insurance
				administrator's fiscal year on Form OIR-A3-975, "Annual Statement," effective
				7/23, hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16048
.
(2) All forms submitted for review or
				approval shall be submitted electronically to
				http://www.floir.com/iportal.
Rulemaking Authority 624.308(1), 626.89(1), 626.8991 FS.
					 Law Implemented 626.8805, 626.8809, 626.89
					 FS.
New 3-4-09, Amended
					 12-19-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-198 - SERVICE WARRANTY ASSOCIATIONS › Section 69O-198.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 634.402 FS. Law Implemented 634, Part
					 III FS.
New 6-3-84, Formerly 4-67.01, Amended 12-26-88, Formerly
					 4-67.001, 4-198.001, Repealed 5-25-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-198 - SERVICE WARRANTY ASSOCIATIONS › Section 69O-198.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 634.402 FS. Law Implemented 634.409,
					 634.413 FS.
New 6-3-84, Formerly 4-67.02, Amended 12-26-88, Formerly
					 4-67.002, 4-198.002, Repealed 5-25-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-198 - SERVICE WARRANTY ASSOCIATIONS › Section 69O-198.003 - License Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 634.402 FS. Law Implemented
					 634.403.
New 3-28-93, Formerly 4-198.003, Repealed
					 1-28-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-198 - SERVICE WARRANTY ASSOCIATIONS › Section 69O-198.005 - Financial Requirements

Current through Reg. 50, No. 138; July 16, 2024
Requirements regarding the funded, unearned premium reserve
				  account.
(1) "Gross Written Premiums"
				means the total amount of premiums paid, paid or to be paid by the consumer for
				the entire period of the service warranty, inclusive of commissions, for which
				the association is obligated under service warranties issued.
(2) Written contracts are required on all
				sales made between the service warranty association and the consumer. The
				serially pre-numbered contract shall include the selling price to the ultimate
				consumer, issuing sales representative, date issued, name of warranty holder
				and their street address, warranty period, and other pertinent information
				relative to the transaction. Copies of all warranty contracts shall be
				maintained by the association for a period of at least four years after
				expiration of the contract.
(3)
				Each service warranty association shall maintain a warranty register. The
				register shall include at least the following items.
(a) Contract number;
(b) Date issued;
(c) Issuing sales representative;
(d) Name of warranty holder and their street
				address;
(e) Warranty
				period;
(f) Net Premium;
(g) Commission to sales
				representative;
(h) Gross premium;
				and,
(i) Location of
				Property.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-198 - SERVICE WARRANTY ASSOCIATIONS › Section 69O-198.010 - License Continuance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 634.402 FS. Law Implemented 624.424,
					 634.408 FS.
New 12-26-88, Formerly 4-67.010, Amended 3-28-93, Formerly
					 4-198.010, Amended 7-30-17, Repealed
					 5-25-21.