The proposed amendment deletes the term “satellite” and thus allows courses that would have fallen in that category to be subject to the same compliance standards as other similar courses. A definition of “printed material” is added to allow for ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

RULE NO: RULE TITLE
69B-228.030: Definitions
69B-228.220: Licensee Compliance; Requirements; Penalties for Non-Compliance
PURPOSE AND EFFECT: The proposed amendment deletes the term “satellite” and thus allows courses that would have fallen in that category to be subject to the same compliance standards as other similar courses. A definition of “printed material” is added to allow for electronic text documents provided they are readily printable. Rule 69B-228.220, F.A.C. is amended to require public adjusters have their continuing education in public adjuster courses. Technical corrections are also made to the history notes.
SUMMARY: The definition of the term “satellite” is deleted. A definition of “printed material” is added to include readily printable electronic text documents. Continuing education for public adjusters must be specific to public adjusters.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 624.308, 626.2816(2)(3), 648.26(1)(a) FS.
LAW IMPLEMENTED: 624.307(1), 626.221(2)(d), 626.2815, 626.2816, 626.611, 626.621, 626.681, 626.691, 626.869(5), 648.385, 648.386(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, June 17, 2009, 9:30 a.m.
PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lyra Erath @ [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lyra Erath, Senior Management Analyst Supervisor, Bureau of Licensing, Division of Agent and Agency Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0319, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69B-228.030 Definitions.

For purposes of these rules, the following definitions shall apply:

(1) through (4) No change.

(5)(a) “Class” means the study method of a course designed to be presented to a group of licensees using lecture, video, satellite, or other audio-visual presentation method material which has an approved instructor, or supervising instructor or other approved means of oversight and delivery present in the classroom during the presentation.

(b) No change.

(31) “Printed material” as used in Section 626.2815(4)(j)2., F.S. does not exclude electronic text documents that are readily printable.

(32)(31) “Property and casualty agent” refers to an agent who holds a type and class of licensure that authorizes the licensee to transact property, casualty, surety, or surplus lines insurance.

(33)(32) “Public” means a course that is available to any person, in contrast to an “in-house” course.

(34)(33) “Sales promotion” means discussion of production levels or target markets or other demographics of a specialized nature in order to promote or effectuate sales.

(35)(34) “Salesmanship” means methods designed to:

(a) through (c) No change.

(35) “Satellite” means an audio-video method of presenting course material which is:

(a) Presented by an approved instructor, speaker, or lecturer; or

(b) Broadcast from a remote location to designated (identified) locations, specified on a Course Offering Form, where approved instructors are prepared with notes, outlines and/or word for word written scripts to continue, and complete if necessary, the presentation if the broadcast is interrupted for longer than five (5) minutes for any reason.

(36) through (45) No change.

Rulemaking Specific Authority 624.308, 626.2816(2),(3), 648.26(1)(a) FS. Law Implemented 624.307(1), 626.2815, 626.2816(2),(3), 626.869(5), 648.26, 648.386(2) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.030, Amended 1-17-05,_______.

 

69B-228.220 Licensee Compliance; Requirements; Penalties for Non-Compliance.

(1)(a) through (4) No change.

(5) Except as otherwise stated in this rule, credit shall be earned in the line of business for which the licensee is licensed.

(a) through (b) No change.

(c) Company and independent aAdjusters shall earn credits in courses on adjusting subjects.

(d) Public adjusters shall earn credits in courses on public adjusting subjects.

(e)(d) Title agents who are licensed only as title agents shall earn credits in courses on title subjects.

(f)(e) Bail Bond Agents shall earn credits in courses in Bail Bond Agent license subjects.

(g)(f) General lines agents who are licensed only in property and casualty shall earn:

1. through 3. No change.

(h)(g) General lines agents who also are licensed as life or health or variable annuity agents shall earn:

1. through 3. No change.

(i)(h) General lines agents who have become appointed as health agents with an insurer that requests a health only (2-40 type and class) appointment for the agent, shall earn 50% of the total credits required in property and casualty subjects and 50% in health only subjects.

(j)(i) Credit hours for a single course cannot be used to satisfy the requirement for more than one license type and class during the compliance period. Credit hours for a single course cannot be split to satisfy the requirement of more than one continuing education law.

(k)(j) Customer representatives who are licensed only as customer representatives shall earn:

1. through 2. No change.

(l)(k) Customer representatives who are also licensed as a life or health or variable annuity agent shall earn:

1. through 3. No change.

(m)(l) Limited customer representatives who are licensed only as limited customer representatives shall earn:

1. through 2. No change.

(n)(m) Limited customer representatives who are also licensed as life or health or variable annuity agent shall earn:

1. through 2. No change.

(o)(n) Administrative agents who are only licensed as administrative agents shall earn:

1. through 2. No change.

(p)(o) Administrative agents who are also licensed as property and casualty insurance agents shall earn:

1. through 3. No change.

(q)(p) Administrative agents who are also licensed as any other type of life or health or variable annuity agent shall earn:

1. through 3. No change.

(r)(q) Title agents who are also licensed as life or health or variable annuity agents shall earn:

1. through 3. No change.

(s)(r) Title agents who are also licensed as property and casualty insurance agents shall earn:

1. through 3. No change.

(t)(s) Title agents who are also licensed as property and casualty insurance agents and life or health or variable annuity insurance agents shall earn:

1. through 3. No change.

(u)(t) Industrial fire agents who are also licensed as life or health or variable annuity agents shall earn:

1. through 3. No change.

(v)(u) Persons who adjust claims who are also licensed as a life, health, property and casualty, industrial fire, surplus lines, or title agent, bail bond agent, or as a customer representative or limited customer representative shall earn, in addition to the hours required for the agent or customer representative license, the total required hours for:

1. through 2. No change.

(w)(v)1. If a dually licensed agent or customer representative earns all the hours in one line of business, the Department will not assume that the licensee intends to drop the other license.

2. No change.

(x)(w)1. If an agent or customer representative has qualified for exemption from the requirements of these rules due to employment with a governmental entity as defined in Section 626.2815, Florida Statutes, (other than agents or customer representatives employed by the Department of Financial Services), the individual shall declare that status to the Department on Form DFS-H2-1106, Statement of Government Status, rev. 6/93, which is adopted in Rule 69B-228.180, F.A.C.

2. No change.

(y)(x)1. An agent or customer representative will no longer qualify for a reduction in the required hours if the license to which those qualifications apply is terminated, and if the reduction was based on:

a. through d. No change.

2. No change.

(z)(y) Credits earned by company and independent adjusters to satisfy the requirements of 24 hours of credit shall be earned as follows:

1. Two hours of ethics;

2. Ten hours in law and policy;

3. Twelve hours in optional approved adjusting subjects or additional hours in law and policy, or ethics.

(aa) Credits earned by public adjusters to satisfy the requirements of 24 hours of credit:

1. Shall be earned as follows:

a. Two hours of ethics;

b. Ten hours in law and policy;

c. Twelve hours in optional approved adjusting subjects or additional hours in law and policy, or ethics.

2. Shall not earn credit in:

a. Health insurance;

b. Life and annuities insurance;

c. Workers’ Compensation Insurance;

d. Personal or bodily injury and medical subjects.

(bb)(z)1. Credits from the same course will not be credited to more than one continuing education requirement of a licensee.

2. through 4. No change.

(cc)(aa) Section 626.2815(3)(h), Florida Statutes, allows excess hours to be carried forward to the next compliance period. Excess hours may be used to satisfy part or all of the requirement for the next compliance period. Excess hours may be earned at any time during the period.

(dd)(bb) Agents shall not earn more than 50% of their required credit hours in courses described in paragraphs 69B-228.080(4)(a), (b), and (c), F.A.C.

(ee)(cc) Six-year rule.

1. through 3. No change.

(ff)(dd) Section 626.2815(3)(b), Florida Statutes, allows a reduction in hours from 24 28 to 20 per compliance period for certain licensees who have been licensed in Florida for 6 years or more. If the license expires, is surrendered, canceled, revoked, or otherwise no longer exists to which the experience applies, the reduction in hours is no longer in effect for the remaining licenses.

(gg)(ee)1. Section 648.385(2)(a), Florida Statutes, requires a bail bond agent to earn 14 hours of continuing education credit for compliance periods beginning January, 1997, and every month thereafter.

2. through 4. No change.

(hh)(ff) If the bail bond agent also holds other insurance licenses for which continuing education is required pursuant to Sections 626.2815 and 626.869, Florida Statutes, the agent shall earn the credits for the bail bond agent in addition to the required hours for the other licenses held.

(6) through (12) No change.

Rulemaking Specific Authority 624.308, 648.26(1)(a) FS. Law Implemented 624.307(1), 6216.221(2)(d), 626.2815, 626.611, 626.621, 626.681, 626.691, 626.869(5), 648.385 FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.220, Amended 1-17-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lyra Erath, Senior Management Analyst Supervisor, Bureau of Licensing, Division of Agent and Agency Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 1, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 17, 2009