69B-213.070. Termination of Appointment or Supervision

(1) The appointment of a customer representative shall be terminated in accordance with section 626.471, F.S., and the statutes cited therein.

(2) No person shall be, act as, or advertise or hold him or herself out to be a customer representative, unless currently licensed and appointed.

(3) The appointing agent or agency, and the designated supervising agent remains accountable and responsible for the acts of the customer representative until such time as the Department receives proper notice of termination of the appointment or notice of termination of supervision, as the case may be, and this notwithstanding that the customer representative was expressly told by the supervising agent or agency to cease all customer representative duties. Until such time as proper notice is received by the Department, the public, calling the Department for verification of the customer representative’s licensure and appointment will be told that the customer representative is licensed and is authorized to represent that agent or agency. Failure to abide by the provisions of this subsection do not invalidate the authority of the customer representative to bind the agent or the agency to insurance contracts.

(4) Method for Notifying Department of Termination of Customer Representative Appointment.

(a) Oral notice of appointment termination is never effective and shall not be accepted by the Department. The termination of appointments of customer representatives by agents and agencies shall be executed electronically, or by a written notice directed to the Department’s Bureau of Agent & Agency Licensing. Regardless of which method is used, a copy of the termination document shall be supplied to the customer representative at the same time it is supplied to the Department.

(b) When an appointment is terminated by the customer representative, the customer representative must provide written notice to the Department. The notice shall:

1. Be signed and dated by the supervising agent, the appointing agent where the appointment was by an agent, or by the customer representative;

2. State the effective date of termination of appointment;

3. Give the full name, address, phone number, and license or registration identification number of the appointing agent or agency;

4. Contain a statement to the clear effect that as of the effective date of the notice that the appointment of the customer representative identified is terminated;

5. State the full name, license identification number of the customer representative;

6. State the reason for the termination of appointment;

7. Be sent to the Department of Financial Services, Bureau of Agent & Agency Licensing, 200 East Gaines St., Tallahassee, FL 32399-0319.

(5) Procedure for Termination of Status as Designated Supervising Agent.

(a) The status of an agent as designated supervising agent for a customer representative may be terminated either by use of Form DFS-H2-39, Termination of Appointment Form, which is incorporated by reference in subsection 69B-211.002(18), F.A.C., obtainable from the Bureau of Agent & Agency Licensing, or by written notice, at least one of which shall be available for Department inspection at all times in the agent or agency records. The supervisory status shall be terminated by either the supervising agent or the agency, and may be unilateral. If the status is terminated by the supervising agent, the supervising agent shall supply the agency with a copy of the filing; and if filed by the agency, the agency shall supply a copy to the agent. Regardless of which method is used or who files, the party filing same shall supply a copy of the termination notice to the customer representative.

(b) When the supervising status is terminated by written notice rather than Form DFS-H2-39, the notice must comply with the following:

1. If filed by the designated supervising agent, the notice shall be signed and dated by the designated supervising agent; if filed by the agency, it shall be signed and dated by the agency’s primary agent.

2. The notice shall state the effective date of termination of supervision.

3. The notice shall give the full name, address, and phone number of the agency.

4. The notice shall identify and state the full name of the designated supervising agent being relieved of that status, and shall supply his or her license identification number.

5. The notice shall contain a statement, to the clear effect that as of the effective date of the notice that [agent’s name] is no longer the designated supervising agent for the customer representative identified in the notice.

6. The notice shall identify and state the full name, and license identification number of the customer representative.

7. The notice shall be maintained in the appointing agent or agency’s records and must be produced upon Department request.

(6) Fees. No fee is required to terminate an appointment, or to terminate status as a designated supervising agent.

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.112, 626.161, 626.471, 626.561(2), 626.7351, 626.7352, 626.7353, 626.7354, 626.748 FS. History–New 12-19-93, Formerly 4-213.070, Amended 7-30-12.