69B-211.022. Character and Credit Reports Required

The following provisions shall govern, as a minimum, the full detailed character and credit report required under Section 626.521, F.S.:

(1) As to each applicant, the insurer or the employer, as the case may be, shall coincidentally with appointment or employment secure and thereafter keep on file a full detailed credit and character report made by an established and reputable independent credit reporting service, relative to the individual if a natural person or its principals in the case of a corporation or other legal entity, so appointed or employed. The insurer or employer shall retain the report for no less than three years from the date of termination of appointment or the date of termination of employment. Form DFS-H2-38,” Summary Character and Credit Report,” rev. 1/90, shall include but is not limited to the following information:

(a) A certification indicating whether the applicant has pled guilty or nolo contendere to or has been found guilty of a felony and reflecting that the applicant has been thoroughly investigated as to his or her integrity, character and credit. The certification shall be based in part upon information obtained from a request for inspection and examination of the Florida Department of Law Enforcement’s public records pursuant to Section 119.07, F.S., relating to the applicant’s criminal history.

(b) Information relating to the applicant’s identification including:

1. Any name the applicant is known by other than his or her legal name.

2. Any Social Security numbers used by the applicant other than his or her legal one if such is known.

3. Any discrepancy of birth date or birth records if such exists on documents available for birth.

(c) Personal information including criticism of character, habits or financial difficulties, if any.

(d) A brief summary of the character and credit report on the applicant and the source of this information.

(2) Within 60 days after such appointment or employment has been made or commenced, the insurer, manager, general agent, general lines agent, or employer, as the case may be, shall complete and submit to the Department, Form DFS-H2-38,” Summary Character and Credit Report,” rev. 1/90, on those appointees which the insurer or the employer as the case may be, has received adverse information as set forth in paragraphs (1)(a) through (d), above. Form DFS-H2-38,” Summary Character and Credit Report,” rev. 1/90, is hereby adopted and incorporated by reference. The form may be obtained from and shall be submitted to the Bureau of Agent and Agency Licensing, Division of Insurance Agents and Agency Services, Department of Financial Services, Larson Building, Tallahassee, FL 32399-0300.

(3) Subsequent to filing Form DFS-H2-38, Summary Character and Credit Report, as set forth in subsection (2) above, each entity or person to which these rules apply shall advise the Department in writing when it becomes aware that a first-time appointee in the case of natural persons, or its principals in the case of a corporation or other legal entity, has pled guilty or nolo contendere to or has been found guilty of a felony after becoming licensed or appointed.

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.521 FS. History–New 6-4-92, Formerly 4-211.022.