69B-211.0035. Licensure Application Procedure

(1) Purpose and Scope. This rule implements Sections 120.60, 626.171, 626.201, 626.211 and 626.9953, F.S., by providing notice of the Department’s procedure for processing applications of persons who apply for licensure to the Bureau of Agent & Agency Licensing under Sections 626.112, 626.171, 632.634, 634.171, 634.318, 634.420, 635.051, 642.034, 648.27, 648.30, F.S.

(2) Definitions. For purposes of this rule chapter, the following definitions shall apply.

(a) “Application form,” refers to the currently approved Department form for applying for a license.

(b) “Complete application,” refers to an application form which the applicant timely files with the Department, upon which the applicant has furnished all correct information to be placed thereon, including any required additional or accompanying documentation, as required by the application or by any statute or rule of the Department. An application which contains errors, omissions, or which requires additional or clarifying information is not considered a complete application and shall be referred to in this rule as an “incomplete application”.

(c) “Deficiency notice,” refers to notice by the Department to an applicant that the applicant’s application is incomplete and which informs the applicant of what is required to make the application a complete application.

(d) To “file,” in reference to an applicant filing an application or information supplied in response to a deficiency notice with the Department, shall mean receipt, as defined in this subsection, by the Department of a complete application or other required documentation.

(e) “License” shall have the meaning set forth in subsection 120.52(10), F.S., which includes registrations.

(f) “Licensing” shall have the meaning set forth in subsection 120.52(11), F.S.

(g) “Receipt,” means that a document has been received by the Department at its offices in Tallahassee and has been date stamped by Department personnel.

(3) Within thirty days of receipt of an initial application, the Department shall review each application to determine if it is a complete or an incomplete application.

(4) If the Department determines that the application is complete, the application shall be approved or denied within ninety days of receipt of the application, subject to subsection (10) of this rule.

(5) If the Department determines that the initial application is incomplete, it shall send a deficiency notice to the applicant within thirty days of receipt of the initial application.

(6) The applicant will have within sixty days from the date of the deficiency notice either;

(a) To furnish the requested information or in the alternative,

(b) To show cause in writing why such information cannot be supplied.

(7) If the information requested in the deficiency notice is not timely filed, or if the applicant does not show why he/she cannot supply the information requested, the application shall be considered an incomplete application and the Department’s file with regard to that application will be closed. An incomplete application as defined in this rule is not an “application” as that term is used in Section 120.60, F.S., and the Department is not required to approve or deny an incomplete application. Any applicant whose application file has been closed by the Department pursuant to this subsection must file an original and complete application, with fees as specified in Section 624.501, F.S., if the applicant wishes to apply again to the Department.

(8) If the applicant timely files some but not all of the requested information in response to the Department’s deficiency notice, the timely filed information shall be included in the application file but no additional deficiency notice shall be sent by the Department. Such application shall nonetheless be considered an incomplete application and the Department’s file with regard to that application will be closed. Any applicant whose application file has been closed by the Department pursuant to this subsection must file an original and complete application, with fees as specified in Section 624.501, F.S., if the applicant wishes to apply again to the Department.

(9) If the applicant files a timely response indicating that the information or corrections requested in the deficiency notice cannot be supplied, the Department shall approve or deny the application based on the information currently contained in the application file and so notify the applicant of its decision within ninety days from the applicant’s last timely filing in response to the Department’s deficiency notice.

(10) If all requested information is timely filed, the application shall be approved or denied within ninety days of receipt of the information which makes the application complete.

Rulemaking Authority 624.308, 626.9958 FS. Law Implemented 120.60, 624.307(1), 626.171, 626.201, 626.211, 626.9958 FS. History–New 7-18-93, Amended 6-28-94, Formerly 4-211.0035, Amended 11-26-14.