69B-211.004. Appointment Renewal Procedure

(1) Purpose. The purpose of this rule is to establish procedures for persons seeking the biennial renewal of appointments to transact insurance pursuant to the Florida Insurance Code. Additionally, this rule sets forth the fees that will be assessed to individual and entities that file appointment renewals after the time frames specified by statute and this rule.

(2) Scope. This rule applies to all persons submitting a request for renewal of appointments as an agent, customer representative, adjuster, service representative, managing general agent, title insurance agent, sales representative, reinsurance intermediary, or bail bond agent, and shall govern the renewal of appointments pursuant to the authority set forth in Sections 626.371, 626.381, 626.532, 626.843, 626.7492 and 648.383, F.S.

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

(a) “Appointment” shall be as defined in Section 626.015, F.S.

(b) “Continuation fee” is the fee an appointing entity is charged to renew each licensee’s appointment after the expiration date of the appointment, but before the licensee’s appointment is cancelled.

(c) “Department” means the Florida Department of Financial Services.

(d) “License” shall be as defined in Section 626.015 and 648.279, F.S.

(e) “License Issue Month” means the month in which the person or entity was first licensed by the Department. The license issue month is the month during which all appointments shall expire and be subject to renewal in accordance with the Florida Insurance Code and this rule.

(f) “Renewal” shall mean the continuation of an existing appointment for an additional period of time.

(g) “Renewal notice” means an electronic notification sent by the Department to the appointing entity for its use in notifying the Department of persons to be renewed or not renewed.

(4) Term of appointments.

(a) In the case of natural persons, new appointments or appointments being continued, which are effectuated in a licensee’s birth month, shall expire 24 months later on the last day of the licensee’s birth month and shall be subject to renewal at that time by the entity for which they are appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date.

(b) In the case of entities other than natural persons, new appointments or appointments being continued, which are effectuated in the same month a licensee was first licensed as an insurance representative, shall expire 24 months later on the last day of the licensee’s license issue month and shall be subject to renewal at that time by the entity for which they are appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date.

(c) Appointments effectuated during any month other than the licensee’s birth month in the case of natural persons, or during the license issue month in the case of entities other than natural persons, shall be valid for not less than 24 months and no longer than 36 months, which are the minimum and maximum number of months necessary to convert the original issue month to the licensee’s birth month or license issue month, whichever the case may be, and expiring the last day of the licensee’s birth month or license issue month, whichever is applicable, and shall be subject to renewal at that time by the entity for which the licensee is appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date.

(5) Renewal Fees.

(a) All appointment renewal fees and taxes as prescribed in Section 624.501, F.S., shall be submitted via the Department’s online appointment system at https://iportal.fldfs.com/eappoint/ and paid by electronic payment prior to any appointments being renewed. However, appointments for bail bond agents shall be submitted on a form prescribed by Rule 69B-221.115, F.A.C., and paid via a paper check. All checks shall be made payable to the “Florida Department of Financial Services.”

(b) Failure by an appointing entity to submit and pay the renewal invoice with the required renewal fees by the prescribed renewal date deadlines set forth by statute and in this rule will require the payment of an additional $20 delinquency fee and a $5 continuation fee by the appointing entity for each person listed on the renewal notice. The appointing entity shall have 45 days from the last day of the renewal period to renew a licensee’s appointment late and pursuant to payment of the normal appointment fee, the deliquency fee and the continuation fee. Otherwise the licensee’s appointment will be cancelled.

(6) Filing dates.

(a) The Department shall send an electronic notification to the appointing entity to the email address on record with the Department at least 90 days prior to the expiration date of an appointment. Simultaneously, the renewal notice shall be sent to the appointing entity’s account in the Department’s online appointment system.

(b) The Department shall send an electronic notification to the appointing entity to the email address on record with the Department on the first day of the appointment renewal month letting the appointing entity know it can submit and pay the amount indicated on the renewal invoice. The appointing entity shall have from the first day of the renewal month to the last day of the renewal month to submit and pay for the renewal invoice without being assessed the delinquency fee and continuation fee. For example, on March 1, appointing entities may be notified they have until March 31 to submit and pay for renewal invoices without being assessed the delinquency fee and continuation fee.

(c) If an appointing entity fails to renew an appointment during the renewal month, the Department shall send an electronic notification to the appointing entity to the email address on record with the Department on the first day of the month following an appointment expiration date informing the appointing entity it has 45 days to renew the appointment. If a renewal invoice is paid during this 45-day period, the appointing entity shall pay, in addition to the normal appointment fee, a delinquency fee and a continuation fee per appointment. For example, on April 1, appointing entities who failed to submit and pay for their March renewal invoice shall be notified by the Department that they have 45 days to renew appointments with a March 31 expiration date by paying a delinquency fee and a continuation fee per appointment.

(d) If an appointing entity fails to renew an appointment during the renewal month or in the 45-day late renewal period immediately following the renewal month, the Department shall send an electronic notification to the appointing entity to the email address on record with the Department on the first day after the 45-day late renewal period informing the appointing entity that the appointment was not renewed and has been cancelled. The licensee whose appointment was cancelled shall also receive such electronic notification at the email adddress on record with the Department. If the appointing entity desires to re-appoint the licensee, the appointing entity must submit a new appointment via the Department’s online appointment system. New appointments shall be dated effective when services are first provided by the appointee to the appointing entity or the first day after cancellation of a prior appointment if services have been continuously provided by the appointee. If the new appointment’s requested effective date is more than 45 days earlier than the date it is submitted to the Department, the appointing entity will be assessed a $250 original appointment delinquency fee per appointment. For example, on May 16, appointing entities who failed to submit and pay their March renewal invoice during the month of March or during the 45-day late renewal period ending May 15, shall be sent an electronic notification by the Department informing them they must submit new appointments if they desire to appoint their licensees whose appointments expired March 31.

(e) During the periods described in paragraphs (a), (b) and (c) above, an appointing entity may elect to not renew an appointment. During the same periods, in order to renew a licensee’s appointment the licensee’s email, home, business and mailing addresses must be valid in the Department’s records. If the licensee is indicated on the renewal invoice as having invalid addresses on record with the Department, the licensee must update the invalid addresses in order for the appointing entity to renew the licensee’s appointment.

(7) Notification procedures. The renewal notice sent to the appointing entity must be completed in its entirety. The certification shall be signed by the appropriate official for the appointing entity.

Rulemaking Authority 624.308(1), 626.016, 626.381(9) FS. Law Implemented 624.307(1), 624.308, 624.501, 626.015, 626.112, 626.371, 626.381, 626.7492(3), (8), (9), 626.8419(2), 648.279, 648.31, 648.382, 648.383 FS. History–New 7-18-93, Amended 7-1-97, Formerly 4-211.004, Amended 7-30-12.