The proposed rule amendment provides a procedure to register navigators pursuant to section 626.9953, Florida Statutes. “Navigator” is a new category of insurance professional created to assist health insurance consumers to find insurance coverage ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agents and Agency Services

RULE NOS.:RULE TITLES:

69B-211.001Purpose

69B-211.002General Procedures

69B-211.0025Additional Rule Specific to Navigators

69B-211.0035Licensure Application Procedure

69B-211.010Purpose

69B-211.040Purpose and Scope

69B-211.042Effect of Law Enforcement Records on Applications for Licensure

PURPOSE AND EFFECT: The proposed rule amendment provides a procedure to register navigators pursuant to Section 626.9953, Florida Statutes. “Navigator” is a new category of insurance professional created to assist health insurance consumers to find insurance coverage through insurance exchanges created to fulfill mandates imposed by the Patient Protection and Affordable Care Act.

SUMMARY: The proposed rule amendment provides a procedure to register navigators pursuant to Section 626.9953, Florida Statutes. “Navigator” is a new category of insurance professional created to assist health insurance consumers to find insurance coverage through insurance exchanges created to fulfill mandates imposed by the Patient Protection and Affordable Care Act.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A $50.00 application fee multiplied by 400 applications is $20,000.00. Estimates are that there will be Department computer system costs of $7,750.00 (non recurring) and $5,160.00 in recurring staff costs.

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.

RULEMAKING AUTHORITY: 624.308, 626.161, 626.171, 626.172, 626.207, 626.9958 FS.

LAW IMPLEMENTED: 112.011, 120.60, 624.307(1), 624.321, 624.501, 626, 626.161, 626.171, 626.172, 626.201, 626.207, 626.211, 626.271, 626.291, 626.301, 626.541, 626.592, 626.601, 626.611, 626.611(7), (14), 626.621, 626.621(8), 626.631, 626.641, 626.681, 626.691, 626.752, 626.793, 626.837, 626.8417, 626.995(3), 626.9953(3)(g), 626.9954, 626.9957(3)(e), 627, 632, 634, 637, 639, 641 (Part II), 642, 648 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, May 7, 2014, 10:30 a.m.

PLACE: 116 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: Matt Tamplin, [phone] or [e-mail]. 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: Matt Tamplin, Bureau Chief, Bureau of Licensing, Division of Insurance Agent & Agency Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0320, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69B-211.001 Purpose.

The purpose of this part is to establish procedures and adopt forms for agent and agency licensing under the provisions of the Florida Insurance Code. Subsection 120.52(10), F.S. defines the word license to include registration or similar form of authorization required by law.

Rulemaking Specific Authority 624.308, 626.9958 FS. Law Implemented 624.307(1), 626, 627, 632, 634, 637, 639, 641 (Part II), 642, 648 FS. History–New 6-4-92, Formerly 4-211.001, Amended__________.

 

69B-211.002 General Procedures.

(1) No change.

(2)(a) An applicant for a license for which an examination is required shall complete all sections of Form DFS-H2-498, “Insurance License Application/Examination Required,” rev. 10-97, and shall submit the application with the required fees to the Department.

(b) All applicants shall comply with Part II of this rule chapter regarding the photo identification license.

(b)(c) All entities appointing insurance representatives shall comply with Part III of this rule chapter regarding the character and credit report.

(c)(d) Applicants for particular licenses requiring an examination shall comply with the requirements in subsections (3) through (5), below.

(3) through (5) No change.

(6) An applicant for registration as a navigator pursuant to Section 626.9953, F.S. shall complete and submit Form DFS-H2-2126 (Eff. 10/2013).

(6) through (36) renumbered (7) through (37) No change.

(a) through (d) No change.

Rulemaking Specific Authority 624.308, 626.161, 626.171, 626.172, 626.9958 FS. Law Implemented 624.307(1)8, 624.321, 624.501, 626.171, 626.172, 626.201, 626.211, 626.271, 626.541, 626.592, 626.611, 626.621, 626.752, 626.793, 626.837, 626.8417, 626.9953 FS. History–New 6-4-92, Amended 5-17-94, 6-7-99, Formerly 4-211.002, Amended 2-20-07,__________.

 

69B-211.0025 Additional Rule Specific to Navigators.

(1) An individual who is an in-person assister falls within the definition of the term “navigator” set forth in subsection 626.9951(3), F.S. if the individual performs any of the duties identified in that definition, even if the in-person assister is not designated as a “navigator” under federal law. Certified applications counselors are not within the scope of the definition of the term “navigator” set forth in subsection 626.9951(3), F.S.

(2) As additional information required pursuant to paragraph 626.9953(3)(g), F.S., the navigator applicant must provide a copy of an official certificate from the U.S. Department of Health and Human Services, (HHS) demonstrating certification as a marketplace navigator or in-person assister. This is in addition to the requirement in paragraph 626.9953(3)(c), F.S. that the applicant has successfully completed all training for a navigator as required by the federal government or the exchange.

Rulemaking Authority 626.9958 FS. Law Implemented 626.995(3),  626.9953(3)(g) FS. History–New_________.

 

69B-211.0035 Licensure Application Procedure.

(1) Purpose and Scope. This rule implements Sections 120.60, 626.171, 626.201, and 626.211, and 626.9953, Florida Statutes, 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 Chapters 626, 632, 634, 635, 637, 642, 648, Florida Statutes.

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

(a) through (d) No change.

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

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

(g)(e) “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) through (10) No change.

Rulemaking Specific Authority 624.308, 626.9958 FS. Law Implemented 120.60, 624.307(1), 626.171, 626.201, 626.211, 626.9953 FS. History–New 7-18-93, Amended 6-28-94, Formerly 4-211.003, Amended_________.

 

69B-211.010 Purpose.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 626.301 FS. History–New 6-4-92, Formerly 4-211.010, Repealed_________.

 

69B-211.040 Purpose and Scope.

(1) The purpose of this rule part is to implement the Department’s duty under subsection Section 624.307(1), Florida Statutes, to enforce Sections 626.207, 626.611(7) and (14), and 626.621(8), and 626.9953, Florida Statutes, by establishing standards for granting licensure applications described in those statutory sections, and interpreting provisions in those sections as they relate to penalties imposed upon applicants specified in subsection (2) below.

(2) This rule part applies to applications for licensure as an agent, adjuster, sales representative, navigator or other licensure under the Florida Insurance Code. This rule part does not apply to the licensure of bail bondsmen, or limited surety agents under Chapter 648, Florida Statutes.

Rulemaking Specific Authority 624.308, 626.9958 FS. Law Implemented 112.011, 624.307(1), 626.161, 626.171, 626.201, 626.207, 626.211, 626.291, 626.601, 626.611(7), (14), 626.621(8), 626.631, 626.641, 626.681, 626.691, 626.9953 FS. History–New 10-17-02, Formerly 4-211.040, Amended_________.

 

69B-211.042 Effect of Law Enforcement Records on Applications for Licensure.

(1) Law Enforcement Records and Required Documentation. The Department uses Law Enforcement Records to determine whether an applicant is subject to the permanent bar or disqualifying periods set forth in Section 626.207, or 626.9954, F.S., or otherwise qualifies for licensure under the Florida Insurance Code, including determining whether an applicant is fit and trustworthy pursuant to subsection Section 626.611(7), or has the requisite character pursuant to paragraph 626.9953(3)(g), F.S.

(a) through (e) No change.

(2) Effect of Failure to Truthfully Answer Application Questions Regarding Applicant’s Law Enforcement Record.

(a) The existence of an applicant’s Law Enforcement Record is considered a material element of the application and the application process and the failure to accurately and truthfully answer application questions or Department requests regarding the Law Enforcement Record is considered a material misrepresentation or material misstatement under subsection Section 626.611(2), or paragraph 626.9957(3)(e), F.S.,

(b)1. No change.

2. If the Department discovers that an applicant failed to accurately and truthfully answer any question relating to Law Enforcement Records after a license has been granted, the Department shall suspend or revoke each license currently held by the licensee pursuant to Sections 626.611 and 626.9953, F.S.

(3) Classification of and Treatment of Certain Felony and Misdemeanor Crimes.

(a) Application for licensure shall not be denied or subjected to a disqualifying period based solely on the fact that an applicant was found guilty of, or pled guilty or nolo contendere to, a misdemeanor, unless the misdemeanor is directly related to the financial services business as defined in subsection Section 626.207(1), F.S., which shall also apply to the same term as used in subsection 626.9954(3)(c), F.S.

(b) A crime is directly related to the financial services business as defined in subsection Section 626.207(1), F.S., if a financial services business, a financial services business relationship, a financial services business resource, or a transaction relating to or involving a financial services business, was used in the furtherance of the crime.

(c) For the purposes of this rule, the seven year disqualifying period in paragraphs Section 626.207(4)(b), and 626.9954(3)(b), F.S. apply applies to all felony cases involving the passing or uttering of a worthless bank check, or obtaining property in return for a worthless bank check or any other check-related felony where the check or property involved is worth $500 or less.

(4) Applicants With Multiple Crimes.

(a) Where an applicant has more than one crime subject to a disqualifying period, an additional disqualifying period for each of those additional crimes shall be added to the disqualifying period. For each additional crime that is subject to a disqualifying period the Department shall add:

1. Five years to the disqualifying period for each additional felony involving moral turpitude but not subject to the permanent bar in subsection Section 626.207(3), or 626.9954(2), F.S.;

2. Two years to the disqualifying period for each additional felony not involving moral turpitude and not subject to the permanent bar in subsection Section 626.207(3), or 626.9954(2), F.S.; and

3. No change.

(b) The additional disqualifying period shall be added to the disqualifying period for the most serious crime, and the combined total disqualifying period will then run from the date of the applicant’s final release from supervision for the most recent crime that would be subject to a disqualifying period under subsection Section 626.207(4), or 626.9954(3), F.S.

(c) No change.

(5) Mitigating Factors.

(a) If applicable, the Mitigating Factors listed below may be used to shorten the total disqualifying period only when the fifteen year disqualifying period established in paragraph Section 626.207(4)(a), F.S. is applicable. Where more than one mitigating factor is present the applicant is entitled to add all applicable years of mitigation together and deduct that number from the total disqualifying period only when the fifteen year disqualifying period is applicable; however, the fifteen year disqualifying period may not be reduced to less than seven years. Mitigating Factors cannot be used to reduce the seven year disqualifying periods established by paragraphs Section 626.207(4)(b) or (c), or 626.9954(3)(b) and (c), F.S. Mitigating Factors may not be used to reduce the amount of the disqualifying period for failure to answer questions accurately and truthfully established in subparagraph (2)(b)1. The following Mitigating Factors may apply:

1. through 8. No change.

(b) No change.

(6) through (10) No change.

(11) Disclosure and Effect of a Pardon.

(a) through (c) No change.

(d) If a pardoned crime falls within either of the two exceptions contained in sub-subparagraphs (11)(c)1. or 2. above, the Department may apply the disqualifying periods set out in Section 626.207, and subsection 626.9954(3), F.S.

(e) No change.

(12) through (13) No change.

(14) Effect of Disqualifying Periods. The disqualifying periods applied pursuant to Section 626.207 and subsection 626.9954(3), F.S. or established in this rule do not give an applicant a right to a license after any set period of time. After the disqualifying period, an applicant may re-apply for a license and the law in effect at the time will apply to that application.

(15) Foreign Law Enforcement Records. In the event that a law enforcement record includes convictions, charges, or arrests outside the United States, the Department shall consider the following factors to reduce, eliminate, or apply a disqualifying period or to determine if the permanent bar under subsections Section 626.207(3), and 626.9954 (2), F.S., is applicable:

(a) through (b) No change.

Rulemaking Authority 624.308, 626.207, 626.9958 FS. Law Implemented 112.011, 624.307(1), 626.161, 626.171, 626.201, 626.207, 626.211, 626.291, 626.601, 626.611(7), (14), 626.621(8), 626.631, 626.641, 626.9954, 626.9957(3)(e) FS. History–New 10-17-02, Formerly 4-211.042, Amended 7-21-04, 8-27-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matt Tamplin, Bureau Chief, Bureau of Licensing, Division of Insurance Agent & Agency Services, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 4, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 6, 2014