The purpose of the proposed rule amendments is to update the prelicensing education rules.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agents and Agency Services

RULE NOS.:RULE TITLES:

69B-227.110Purpose

69B-227.120Scope

69B-227.130Definitions

69B-227.140Entities

69B-227.150School Officials

69B-227.160Instructors

69B-227.170Courses

69B-227.180Schedule and Attendance Records

69B-227.190Certification of Students

69B-227.200Attendance

69B-227.210Exempted Courses

69B-227.220Examinations

69B-227.230Fees

69B-227.240Facilities

69B-227.250Advertising

69B-227.260Study Aids

69B-227.270Prohibited Practices

69B-227.280Falsification of Reports

69B-227.290Forms

69B-227.300Transition Time in the Event of Rule Changes

69B-227.310Penalties

69B-227.320Curriculum Standards for Special Designation

69B-227.330Timeline for Submission

69B-227.340Course Audits

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to update the prelicensing education rules.

SUMMARY: Rule 69B-227.130, F.A.C., contains updated definitions. Rule 69B-227.140, F.A.C., sets forth the requirements to obtain Department approval as a provider. Rule 69B-227.160, F.A.C., sets forth the requirements to obtain Department approval as an instructor. Rule 69B-227.170, F.A.C., sets forth the requirements to obtain Department approval for a course. Rule 69B-227.180, F.A.C., requires providers to submit a course offering for each course that is offered at least 15 days prior to the date and time the course will be offered and to keep accurate class attendance records. Rule 69B-227.190, F.A.C., requires providers to electronically submit a roster of all students that satisfactorily complete the course and issue a certificate of completion to each such person. Rule 69B-227.210, F.A.C., allows a person to apply academic credit earned at an accredited institution of higher learning to satisfy the education requirements by providing proof of completion and a summary of the course materials. Rule 69B-227.230, F.A.C., requires providers to refund student course fees if the course is cancelled and to have a refund policy addressing a student’s cancellation or failure to complete a course. Rule 69B-227.250, F.A.C., sets forth prohibitions on advertising of courses and places the responsibility for the advertisement on the provider. Rule 69B-227.260, F.A.C., requires the school official to furnish each student the name and contact information of the vendor to obtain the current study manual. Rule 69B-227.290, F.A.C., requires all applications and other forms to be submitted to the Department’s website and incorporates by reference seven (7) forms. Rule 69B-227.310, F.A.C., sets forth the grounds for disapproval, suspension or revocation of approval of a provider, school official, supervising instructor or instructor. Rule 69B-227.320, F.A.C., sets forth the standards for approval of special designation courses. Rule 69B-227.330, F.A.C., requires an application to be complete within 60 days of initial submission and requires deficiencies to be resolved within 20 days of the deficiency notice. Rule 69B-227.340, F.A.C., provides that the Department shall audit courses and provider records with or without notice to the provider.

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 not 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: The Department conducted an economic analysis of the potential impact of the proposed rules and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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(1), 626.2817 FS.

LAW IMPLEMENTED: 624.307(1), 626.22l, 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 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: May 13, 2014, 10:00 a.m.

PLACE: Room 116, Larson Building, 200 E. Gaines Street, Tallahassee, FL

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 at [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 of Licensing, Division of Insurance Agents and Agency Services, 200 E. Gaines Street, Tallahassee, FL 32399-0319 [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69B-227.110 Purpose.

The purpose of this rule chapter part is to establish requirements and standards for all pre-licensing courses and the entities which providers of pre-licensing courses for persons seeking to qualify for licensure, approval or certification by the Department through education. This rule chapter also establishes curriculum standards for special designation courses taken pursuant to Section 626.221, F.S., and Rule 69B-227.320, F.A.C.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.221, 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.110, 69B-211.110, Amended__________.

 

69B-227.120 Scope.

This rule chapter These rules shall apply to all curriculum standards for special designation courses taken pursuant to Section 626.221, F.S., and to providers entities, instructors, school officials, and students of pre-licensing courses, and shall govern the implementation and enforcement of pre-licensing requirements.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1),626.22l, 626.2817,  626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34,648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.120, 69B-211.120, Amended__________.

 

69B-227.130 Definitions.

For purposes of this rule chapter these rules, the following definitions shall apply.

(1) “Accredited institution of higher learning” or “college” means a university, a college, a community college, a technical college, or extension division thereof which is accredited by an accrediting agency. “Accredited institution of higher learning” means a four-year college, a community college, or a junior college, which is accredited by an accrediting agency.

(2) “Accrediting agency” means the Council for Higher Education Accreditation or a national or regional accrediting agency recognized by the Council for Higher Education Accreditation. “Accrediting agency” means an agency with membership in the Council on Post-Secondary Accreditation, including:

(a) The Southern Association of Colleges and Schools.

(b) The Middle States Association of Colleges and Schools.

(c) The New England Association of Colleges and Schools.

(d) The North Central Association of Colleges and Schools.

(e) The Northwest Association of Secondary and Higher Schools.

(f) The Western College Association of Colleges and Higher Schools.

(3) “Approved” means the Department has determined the provider course, school official, or instructor has met the criteria set forth in Rules 69B-227.140 through 69B-227.170, F.A.C. “Administrative record” means any document relating to course approval, course offerings, attendance, course completions or credits, and any other records required to be kept by the Florida Insurance Code, and any rule or order of the Department.

(4) “Audit” means Department activity to monitor or evaluate classroom, webcast, interactive online, and correspondence courses, examination sites, administrative offices and provider records. “Approved” or “qualified,” with regard to an entity, course, school official, or instructor, means that the Education Section, Bureau of Agent and Agency Licensing, has determined that the entity, course, school official, or instructor, has met the criteria set forth in Rules 69B-227.140-.170, F.A.C., for approval and as set forth in Form DFS-H2-464, “Application for Entity/Course Approval,” which is adopted in Rule 69B-228.180, F.A.C., and in Form DFS-H2-398, “Certification of Instructor,” which is adopted in Rule 69B-228.180, F.A.C.

(5) “Classroom course” means a course that is designed to be presented to a group of students by a live instructor using lecture, video, webcast, virtual or other audio-video presentation. “Audit” means Department activity to monitor the offering of courses or examinations, including visits to classrooms, test sites, and administrative offices where documentation of individual attendance and completion records and documentation of instructor credentials is maintained. Audit also means re-evaluating approved classroom course outlines and self-study programs based on current guidelines.

(6) “Correspondence course” means a self-study course designed to be presented to students through physical documents  or other media. “Authorized insurer” means an insurer licensed by the Office of Insurance Regulation with a Certificate of Authority.

(7) “Course” and “Pre-licensing course” means an educational program or training program that is designed to meet the education requirement for licensure. “Auto mediator” refers to the qualification for appointment to mediate motor vehicle claims under Section 627.745, F.S., and Rule 69B-176.022, F.A.C.

(8) “Course authority” means a line of business with a corresponding license type. “Class” means a course designed to be presented live by lecture which has an approved instructor in the classroom and which may have an infinite number of offerings. Each offering must not exceed 12 months between the beginning and ending date.

(9) “Credit hour” means a minimum of 50 minutes of classroom instruction, or for correspondence courses, 50 minutes of time that is determined by the Department to be necessary to study text material in order to successfully complete the monitored final examination or on-line internal testing. “Contact person” means the person at the entity level with authority to transact business for the entity through contracts, licenses, or other means, usually as the owner or corporate officer, and who designates the school official to represent the entity.

(10) “Curriculum” means an educational program, a group of related courses of study, or program of studies offered by an institution, school, college or university, which includes course materials, examinations, tests, outlines, and student handouts for purposes of obtaining a designation as identified in Section 626.221(2), F.S. “Course” means an educational program which is required to qualify for a license, or a training program for a certification of authority to participate in certain insurance activities. A course may be taken by class or correspondence study methods as prescribed by rule or statute.

(11) “Day” means a calendar day inclusive of weekends and holidays. “Department” means the Florida Department of Financial Services.

(12) “Education database” means the Department’s online system for activity relating to approval of providers, courses, course offerings, instructors, and the filing of rosters and other information relating to pre-licensing courses required by rule or statute to be filed with the Department. The Education Database is accessed at http://www.myfloridacfo.com/division/agents. “Disciplinary action” means administrative action which has been taken against an individual or entity as a licensee or approved course provider, instructor, or school official for which probation, suspension, or revocation of any license (issued by this or any other state, country, or territory) or approved status has occurred or for which a fine has been entered for a wrongdoing against a consumer or other party.

(13) “In-house” means courses or services available only to employees of an entity or for members of an association. “Entity” means any person, partnership, organization, association, or corporation, which is approved by the Department to conduct pre-licensing courses.

(14) “Incomplete application” means an application which contains errors, omissions, or which requires additional or clarifying information or documentation, or is not submitted in accordance with the submission procedures in Rule 69B-227.290, F.A.C., as required by Rules 69B-227.140, 69B-227.150, 69B-227.160, 69B-227.170 or 69B-227.180, F.A.C. “Entity officer” refers to the individual who the entity internally designates to serve as the person upon whom the Department can rely to serve as a means of communicating with the entity. The entity officer has full authority to represent the entity and bind the entity to business transactions. The entity officer is designated to the Department on Form DFS-H2-464, “Application for Entity/Course Approval,” which is adopted in Rule 69B-228.180, F.A.C.

(15) “Independent program of study” means a program of study not taught by an institution of higher learning.  “Incomplete application” or “incomplete form” means that an application or form does not contain all correct information to be placed thereon, or on any required accompanying documentation, as required by the application or form or by any statute or rule of the Department. An application or form which contains errors, omissions, or which requires additional or clarifying information is an incomplete application or form.

(16) “Instructor” means an individual approved by the Department who teaches an approved course or training program. This term includes supervising instructors for bail bond agent courses. “In-house” means courses or services available only for employees of an entity or for members of an association.

(17) “Insurance representative” means an agent, adjuster, customer representative or service representative. “Instructor” means a natural person who has been approved by the Department and who teaches or otherwise instructs an approved pre-licensing classroom course or program.

(18) “Live” means broadcast while actually being performed; not taped, filmed or recorded.  “Pre-Licensing course” means a program of instruction required for an individual seeking licensure or certification to hold a particular position or title.

(19) “Online course” means a correspondence course delivered via the internet or other computer network. “Public,” when used in the context of a course or service, means a course or service which is available to any person, in contrast to an “in-house” course or service.

(20) “Present” means to appear in person, or by live connection through electronic means. “Public School” means a school operated by a city, county, or state governmental entity within the State of Florida.

(21) “Provider” means any individual, partnership, organization, association, corporation or other entity approved by the Department to conduct pre-licensing courses or mediation training. “School official” means a natural person appointed by an approved entity to be responsible for the timely filing of all required Department forms and documentation for courses, except for Form DFS-H2-464, “Application for Entity/Course Approval,” which is adopted in Rule 69B-228.180, F.A.C., to conduct qualification or training courses, and for the maintenance of necessary administrative records including class information, instructor qualification, and attendance records. The school official is designated to the Department on Form DFS-H2-1137, “Application For School Official Approval,” which is adopted in Rule 69B-228.180, F.A.C.

(22) “Provider records” means any documents relating to course approval, course offerings, attendance, course completions or credits, course offering advertisements, and any other records required to be kept according to the Florida Insurance Code, and any rule in this chapter or order of the Department.

(23) “Public,” when used in the context of a course, means a course which is available to any person, in contrast to an “in-house” course.

(24) “School” means an institution for teaching and learning. School includes a training program within an authorized insurance company, an insurance company association, an insurance agents or adjusters association, or an insurance trade association or society.

(25) “School official” means an individual designated by a provider and approved by the Department who is responsible for the acts of the provider.

(26) “Virtual classroom course” means a type of classroom course in which instruction is provided in an interactive learning environment created through technology in which students are separated from their teachers by time or space, or both.

(27) “Webcast classroom course” means a type of classroom course delivered through interaction with a live instructor via the internet.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7014, 627.745, 648.34, 648.286 648.37 FS. History–New 4-11-94, Formerly 4-211.130, 69B-211.130, Amended__________.

 

69B-227.140 Providers Entities.

(1) Application Procedure. An application for approval and registration to be a provider shall be submitted on Form DFS-H2-464, “Provider Application,” which is incorporated by reference in Rule 69B-227.290, F.A.C., in accordance with the submission procedures in Rule 69B-227.290, F.A.C. An entity which offers a pre-licensing course, except for the title agent qualification course, which is required for licensure or certification, must be approved by the Department and operated by or for an authorized insurance company, insurance company association, insurance agent association, other insurance trade association or society, public school or accredited institution of higher learning. Application for entity approval shall be concurrent with initial application for course approval and shall be submitted by the entity officer on Form DFS-H2-464, “Application for Entity/Course Approval,” which is adopted in Rule 69B-228.180, F.A.C.

(2) Provider Qualifications. A provider that offers an insurance representative qualification course must be a school or college approved by the Department, except that life and health courses may be offered by independent programs of study approved by the Department. Each entity must appoint a school official to be responsible for filing all necessary forms, other than Form DFS-H2-464, “Application for Entity/Course Approval,” and for the conduct of classes and instructors.

(3) Provider Requirements. A school which offers a title agent qualification classroom course must be approved by the Department and operated by or for an authorized title insurance company, company association limited to title insurance companies, agent association limited to title agents, other trade association or society with members exclusively from the title industry, public schools, accredited institutions of higher learning, or trade and vocational schools licensed with the Florida Department of Education.

(a) A provider shall not offer a course which is required for licensure that has not been approved by the Department pursuant to this rule.

(b) The provider shall designate a school official who shall be accountable for the actions of the provider, including the provider’s instructors, speakers, and monitors and be subject to administrative action pursuant to Rule 69B-227.310, F.A.C., on Form DFS-H2-464. The provider shall inform the Department of any change in the designated school official within thirty (30) days of the change. The provider must have at least one school official designated at all times.

(c) Providers shall maintain the records of each individual completing a course for five (5) years from the date of completion.

(d) Any changes in the provider’s and its school official’s telephone number, mailing address, street address, e-mail address or administrative office address shall be electronically submitted to the Department by the provider within thirty (30) days via the Department’s website at https://dice.fldfs.com/public/pb_index.aspx.

(4) Self-study course providers shall: An entity which offers health care risk manager programs, health care education programs, or risk manager education programs, must be approved by the Department and operated by or for:

(a) Have the same responsibilities for record keeping as any other provider. Licensed health care facility.

(b) Provide documentation of at least three (3) years experience as a provider of educational or training programs; or Licensed health care professional.

(c) Provide documentation of credentials of at least one person who is on staff or under contract to provide course development services who has: Health care administrator.

1. A college degree in instructional design and program development or comparable field, and

2. Documented experience and ability in writing self-study exams; and

3. At least five (5) years of experience in development of self-study programs which do not include authorship of textbooks or other writings alone.

(d) Authorized insurer.

(e) Non-profit education institute.

(f) Accredited Institution of higher learning.

(g) Independent program of instruction.

(h) Hospital Rehabilitation facility.

(i) Other medical facility.

(5) An entity which offers a mediator training program must be approved by Department and operated by and for an entity approved by the Florida Supreme Court to conduct mediator training or be an accredited institution of higher learning.

(6) General Requirements.

(a) Entities shall maintain the records of each individual completing a course for 3 years from the date of completion.

(b) Entities are responsible for the actions of their school officials, instructors, speakers, and monitors.

(c) Entities shall notify the Bureau of Agent and Agency Licensing, Education Section, within 30 days of a change in their telephone number, or their mailing address or administrative office address, using Form DFS-H2-465, “School Information Update,” which is adopted in Rule 69B-228.180, F.A.C.

(7) Lists of approved providers offering courses to the public will be provided upon request with a $5.00 fee as prescribed by Section 624.501(20)(c), F.S.

(8) Disapproval. Any one of the following criteria shall constitute grounds for the Department to disapprove an Application For Entity/Course Approval:

(a) An entity officer or a school official having been convicted of a felony under the law of the United States of America or of any state thereof or under the law of any country.

(b) Disciplinary action has been taken against an entity officer or school official.

(c) The application is incomplete.

(d) The entity, or an entity officer, school official, or course associated therewith, has not otherwise met the qualifications specified in this rule, or has violated any provision of this rule part.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.140, 69B-211.140, Amended__________.

 

69B-227.150 Supervising Instructor for Bail Bond Agent Courses and School Officials.

An initial application for supervising instructor and school official approval and registration is part of the application for provider approval in accordance with Rule 69B-227.140, F.A.C.  If a provider wants to appoint a new or additional supervising instructor or school official, the provider shall submit an appliction for approval and registration on Form DFS-H2-1137, “School Official/Supervising Instructor Application,” which is incorporated by reference in Rule 69B-227.290, F.A.C., in accordance with the submission procedures in Rule 69B-227.290, F.A.C. A school official shall have expertise in the line of business for which they are conducting or offering courses. A person will qualify as a school official if they meet one of the following criteria.

(1) For license qualification courses:

(a) A degree in insurance with at least 50% of course work in the area of instruction, or

(b) 5 years of professional or non-clerical experience in the line of business, or

(c) A degree from a four-year accredited institution of higher learning in education or business and at least 2 years experience as a licensed agent actively engaged in the line of business.

(2) For Health Care Risk Manager Training programs:

(a) A medical degree gained through a four-year or postgraduate accredited institution of higher learning and a minimum of 5 college level courses in property and casualty insurance or successful completion of the general lines agent exam, or 5 years of experience as a general lines agent, or

(b) At least 5 years of experience as a certified health care risk manager, or

(c) A bachelor of science or postgraduate degree in insurance with at least 50% of course work in property and casualty subjects or 5 years of professional or non-clerical experience as a general lines agent or successful completion of the general lines agent exam and at least 5 years of experience in the medical field at the minimum level of an emergency medical technician or registered nurse.

(3) For Risk Manager Training programs:

(a) A degree in insurance with 50% or more course work in property and casualty subjects, and

(b) Successful completion of the general lines agent exam, or

(c) 5 years of experience as a general lines agent actively engaged in transacting property and casualty insurance.

(4) For Health Care Training programs:

(a) A medical degree gained through a four-year or postgraduate accredited institution of higher learning, or

(b) At least 5 years of experience as a certified health care risk manager, or

(c) At least 5 years of professional or non-clerical experience in the medical field at the minimum level of an emergency medical technician or registered nurse.

(5) For Mediator Training programs:

(a) A member of the Florida Bar Association, or

(b) A mediator certified through the Florida Supreme Court with at least 5 years of experience as a mediator.

(6) Exemption. A person who is a salaried employee of an accredited college and appointed by that college as school official is exempt from these requirements.

(7) Application for approval of a school official shall be submitted with the initial application for course approval on Form DFS-H2-1137, which is adopted in Rule 69B-228.180, F.A.C. An application fee of $25 shall be included for the school official beginning with applications received on or after January 1, 1994. Changes in telephone numbers, mailing addresses, or administrative office addresses, shall be submitted on DFS-H2-465, “School Information Update,” which is adopted in Rule 69B-228.180, F.A.C., with a $5 fee within 30 days of a change. Changes in school official by an approved entity must be submitted on Form DFS-H2-1137, with a new $25 fee within 30 days of a change. “Submitted” is determined by the Department date-received stamp.

(8) Disqualification. Any one of the following criteria shall disqualify a person from serving as a school official:

(a) The person has been convicted of a felony under the law of the United States of America or of any state thereof or under the law of any country.

(b) Disciplinary action has been taken against the school official.

(c) The person has not otherwise met the qualifications specified in this rule, or has violated any provision of this rule part.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 624.501, 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34,  648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.150, 69B-211.150, Amended__________.

 

69B-227.160 Instructors.

(1) Instructors must be approved by and registered with the Department prior to teaching any classrom course subject to this rule chapter. To qualify as an instructor, an individual must meet the education or experience requirements set forth in subsections (2), (3), (4), or (5) below. The individual shall submit an application for approval and registration Certification of the experience or education shall be received by the Department and approved prior to the person instructing a course. Certification shall be on Form DFS-H2-398, “Certification of Instructor Application,” which is incorporated by reference adopted in Rule 69B-227.290 228.180, F.A.C., and shall be accompanied by documentation supporting the education or experience requirement.

(2) Any individual with a bachelor’s degree or higher from an accredited institution of higher learning in risk management or insurance is qualified to be an instructor, subject to the limitations imposed in Rule 69B-227.310, F.A.C. Instruction in the subject of bail bonds has additional qualifications as specified in Section 648.386(4), F.S. Certification of the instructor’s experience or education shall be furnished by the approved entity or the instructor, received by the Department and approved prior to the beginning of the course on Form DFS-H2-398, “Certification of Instructor.” A processing fee of $10.00 must accompany each new Certification of Instructor Form. The fee payment shall be made by check or money order to Department of Financial Services, Education Section, Revenue Processing, P. O. Box 6100, Tallahassee, Florida 32399. Individuals may submit Certification of Instructor Forms independent of any school with only the applying instructor’s signature. If an individual submits a certification form, a resume must be attached. The Department shall initiate administrative action for failure to have only approved instructors teach at an approved pre-licensing course. Instructors need only be certified one time for each license qualification course or training program. The same form can be used for both.

(3) An individual with the designation of a Chartered Property Casualty Underwriter (CPCU) is qualified to be an instructor of the following pre-licensing courses: The Department will not approve an instructor for any of the following reasons:

(a) General Lines Agent The Certification of Instructor Form is incomplete.

(b) Personal Lines Agent Disciplinary action has been taken against any license or eligibility for a license issued by this or any other state, country, or territory, or the instructor has otherwise violated any insurance regulation, including this rule part.

(c) Customer Representative The instructor has been convicted of a felony under the law of the United States of America or of any state thereof or under the law of any country.

(d) Limited Customer Representative The instructor has not otherwise met the qualifications specified in this rule or has violated any provision of this rule part.

(e) Surplus Lines Agent.

(4) An individual with the designation of a Chartered Life Underwriter (CLU) is qualified to be an instructor of the following pre-licensing courses: If an instructor has been denied approval by the Department to instruct pre-licensing courses, a six-month waiting period must elapse before a new certification request may be submitted.

(a) Life and Variable Annuity Agent.

(b) Health Agent.

(5) Individuals not possessing the qualifications in subsections (2), (3),  or (4) above must meet the following experience requirements in order to qualify to be an instructor subject to the limitations imposed in Rule 69B-227.310, F.A.C.: The Department will review existing records of approved instructors and disapprove and remove any instructor found to have had any disciplinary action taken against any license issued by this or any other state, country, or territory, at any time before or after being approved as instructor. School officials shall verify eligibility of instructors before submitting for approval.

(a) For all pre-licensing courses, an approved and registered instructor must have been licensed and actively engaged in transacting insurance in this state for at least five (5) years in the last ten (10) years in all areas of the subject matter of the pre-licensing course being taught. The exceptions to this subparagraph are:

1. Customer Representative.

2. Limited Customer Representative.

3. Bail Bonds.

(b) For customer representative courses, an instructor must have been actively engaged in transacting insurance as a licensed general lines agent in this state for at least five (5) years in the last ten (10) years.

(c) For limited customer representative courses, an instructor must have been actively engaged in transacting insurance as a licensed personal lines or general lines agent in this state for at least five (5) years in the last ten (10) years.

(d) For bail bond courses, an instructor must meet the qualifications as set forth in Section 648.386(4), F.S.

(6) Instructor Requirements. Approved instructors for approved classroom courses must display a photo I.D. to any Department auditor who conducts an official audit during their instruction time. Instructors who are also licensees in Florida with a photo I.D. license may use their license photo I.D. card for identification.

(a) Approved and registered instructors for approved classroom courses must display a valid government-issued photo I.D. to any Department representative who conducts a course audit.

(b) An approved and registered instructor is allowed to teach for more than one approved and registered provider.

(7) Instructors shall deny credit to anyone who disrupts the class, sleeps, reads books, newspapers, or other non-course materials, uses a cellular phone, or is absent from class other than authorized breaks. Based on the course providers’ policies, refunds may be given. It will be a violation of this rule part for an instructor or school official to knowingly allow any of the foregoing activities during class. Penalties will be assessed against participant, instructor, and school, as provided in Rule 69B-227.310, F.A.C.

(8) The approved entity of health care risk manager and auto mediator training programs shall supply a resume of the instructor to the Department with the Certification of Instructor Form. The resume must include information detailing the instructor’s education and experience history which would allow the Department to make an informed decision regarding the qualifications of the instructor.

(9) An instructor may teach for more than one entity. A new Form DFS-H2-398 is not required for each entity. A certification of courses form is required for each course type as described in subsection 69B-227.170(3), F.A.C.

(10) Instruction in qualification classroom courses shall be provided:

(a) For General Lines Agent/Customer Representative courses, by:

1. Persons with at least 5 years of experience actively engaged in the transaction of general lines insurance, or

2. A degree from a four year accredited institution of higher learning with at least 50% of course work in property and casualty insurance and if not already licensed as a general lines agent or customer representative, successful completion of a general lines agent or customer representative license exam respectively.

(b) For Limited Customer Representatives courses, by:

1. Persons with 2 years professional or non-clerical experience in the transaction of personal lines auto insurance, or

2. A degree from a four-year accredited institution of higher learning with at least 50% of course work in property and casualty insurance and if not already licensed as a general lines agent, customer representative or limited customer representative, successful completion of the limited customer representative license exam.

(c) For Motor Vehicle Physical Damage or Mechanical Breakdown Agent courses, by:

1. Persons with at least 2 years of professional or non-clerical experience in the area of motor vehicle physical damage and mechanical breakdown insurance, or

2. A degree from a four-year accredited institution of higher learning with at least 50% of course work in insurance and if not already licensed as a motor vehicle physical damage agent, general lines agent, customer representative or limited customer representative, successful completion of a general lines agent, customer representative, or motor vehicle physical damage agent license exam.

(d) For Industrial Fire Agent courses, by:

1. Persons with at least 2 years of professional or non-clerical experience in the area of industrial fire and burglary insurance, or

2. A degree from a four year accredited institution of higher learning with at least 50% of course work in insurance and if not already licensed as a general lines agent, customer representative, or industrial fire agent, successful completion of a general lines agent, customer representative, or industrial fire agent license exam.

(e) For Bail Bondsman:

1. Persons with at least two years of experience in the area in which they teach, and

2. If not already licensed as a bail bondsman, successful completion of the bail bondsman license exam.

(f) For Bail Bond Runner:

1. Persons with at least two years of experience in the area in which they teach, and

2. If not already licensed as a bail bondsman or bail bond runner, successful completion of a bail bondsman or bail bond runner exam.

(g) For Surplus Lines Agent:

1. Persons with at least two years of experience in the area of surplus lines insurance, or

2. A degree from a four year accredited institution of higher learning with at least 50% of course work in insurance and if not already licensed as a surplus lines agent or general lines agent, successful completion of a surplus lines agent or general lines agent license exam.

(h) For Title Agent, provide instruction regarding:

1. Policies, Contracts, Rules and Regulations:

a. 5 years of professional or non-clerical experience in the area of title or general lines insurance, or

b. Degree from a 4 year accredited institution of higher learning with at least 50% of course work in insurance, or

c. A law degree and 2 years of experience in the subject area.

2. Closings:

a. 5 years of experience in the preparation of closing statements either in a title agency, law firm, bank, mortgage company, or other financial institution, or

b. Possession of a law degree and 2 years of experience in the subject area.

3. Searches:

a. 5 years of experience in abstracting, title searches, examinations of title, or

b. Possession of a law degree and 2 years of experience in the subject area.

(i) For Life, Health, and Variable Annuity Agent including Administrative Agent:

1. Persons with at least 2 years of professional or non-clerical experience in the area they will teach of life insurance, health insurance, or annuities, or

2. A degree from a four year accredited institution of higher learning with at least 50% of course work in insurance and if not already licensed as a life, health, and variable annuity agent, successful completion of the life, health, and variable annuity license exams.

(j) For Health Only Agent:

1. Persons with at least two years of professional or non-clerical experience in health insurance, or

2. A degree from a four-year accredited institution of higher learning with at least 50% of course work in insurance, and if not already licensed as a health agent, successful completion of the health agent license exam.

(k) For Life and Variable Annuity Only Agent:

1. Person with at least 2 years of professional or non-clerical experience in life insurance and variable annuities, or

2. A degree from a four-year accredited institution of higher learning with at least 50% of course work in insurance, and if not already licensed as a life and variable annuity agent, successful completion of the life and variable annuity license exam.

(l) For Health Care Risk Manager:

1. To provide instruction for risk management curriculum:

a. A certified health care risk manager, or

b. Persons with at least 5 years of professional or non-clerical experience in all lines of insurance and risk management, or

c. Persons with a degree from a four-year accredited institution of higher learning with at least 50% of course work in property and casualty insurance, and if not already licensed as a general lines agent or health care risk manager, successful completion of the general lines agent license exam or the 120-hour risk manager program.

2. To provide instruction for health care curriculum:

a. A health care risk manager, or

b. A health care administrator, or

c. A health care professional, or

d. Persons with at least 5 years of professional or non-clerical experience in the medical profession, or

e. A degree from a four-year accredited institution of higher learning with at least 50% of course work in nursing or other medical professions, and if not already licensed as a medical professional or health care risk manager, successful completion of the 80-hour health care training program.

(m) For Auto Mediator:

1. To provide instruction on mediation skills:

a. Persons with at least 5 years of mediation experience (minimum of 20 mediation conferences with no less than 10 non-family civil mediation cases), or have conducted a minimum of 20 non-family civil mediation cases and have conducted, as a primary trainer or training assistant, 5 non-family civil mediation training programs, or have conducted a minimum of 10 mediation training programs as a primary trainer or training assistant, and

b. If not already certified as a mediator, successful completion of the 40-hour mediator training program.

2. To critique role plays, moderate small group discussions and to participate in role play simulations:

a. Persons trained by a Florida Supreme Court certified training program in circuit civil mediation and have completed a Florida Supreme Court sponsored “Train the Trainer” program and have one year non-family civil mediation experience (minimum 5 mediation conferences) or

b. Has conducted, as a primary trainer or training assistant, 5 non-family civil mediation programs or have 3 years mediation experience (minimum 20 family or circuit civil mediation cases) or

c. Have served as a training assistant in at least two Supreme Court certified circuit mediation training programs within the last 2 years.

3. To provide instruction regarding interpersonal dynamics: Persons with a degree from a four-year accredited institution of higher learning and with their major study concentration area in mental health, behavioral or social science.

4. To provide instruction on circuit civil mediation process: Persons who have 2 years or 20 cases in Florida non-family circuit mediation.

5. To provide instruction in other specialized areas: Persons with a degree from a four-year accredited institution of higher learning and with their major study concentration area in the specific specialized areas.

(11) No activities outside of the pre-licensing qualification course outline may be conducted during classroom hours.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.160, 69B-211.160, Amended__________.

 

69B-227.170 Courses.

(1) An application for approval of a course must be submitted in accordance with Rule 69B-227.180, F.A.C., and the submission procedures in Rule 69B-227.290, F.A.C. Pre-licensing courses are either qualification courses or training programs.

(2) Requirements for all courses. Qualification courses may be classroom or correspondence courses as required for each specific license type. Classroom course outlines are prepared by the Department and furnished to the approved school official by the Department. The following course outlines are hereby incorporated by reference and shall be used in the course described in the title of the outline: “40-Hour Life Agent Qualification Course Including Health and Variable Annuities,” (2-94); “40-Hour Health Agent Qualification Course,” (2-94); “Surplus Lines Qualification Course: 60 Hour Class Outline,” (10-90); “20 Hour-Basic Certification Course Outline in the Criminal Justice System for Bail Bond Runner,” (10-90); “Title Agents Qualification Course Outline,” (2-94); “Customer Representative Course Outline,” (2-94); “Limited Consumer Representative Course Outline,” (2-94); “General Lines Agents Qualification Course Outline,” (2-94); “Industrial Fire and Burglary Course Outline – 20 Hours,” (2-94); “80 Hour Basic Certification Course Outline In The Criminal Justice System For Bail Bondsmen,” (2-94); “Life Agent Qualification Course Including Variable Annuities Outline” “40 Hours,” (2-94). The Department outline must be used by each approved entity unless an original outline from the school official is approved by Department prior to being implemented. Copies of the outline are to be furnished to the students by the school official prior to the commencement of class. Correspondence course outlines or lesson plans are prepared by the approved entity and must be submitted for review annually by the Department if any modification or change is made, to insure that the materials are up to date. Any change in the course outline must be approved by the Department prior to being implemented.

(a) No course shall be taught unless previously approved by the Department.

(b) All courses must use the Department’s current Florida Insurance Content outlines that are incorporated by reference in Rule 69B-227.290, F.A.C., and the study manuals required by Rule 69B-227.260, F.A.C.

(c) The course must provide instruction of no less than the hours specified in statute for the respective line(s) of insurance.

(3) Additional requirements for classroom courses. Qualification courses are required for the following:

(a) The course must be taught by an instructor approved by the Department General Lines Agent.

(b) The instructor must be present for the duration of the course Customer representative.

(c) The student must have the ability to communicate with the instructor during the class Limited Customer Representative.

(d) In addition, webinar and virtual classroom courses must meet the following requirements: Life agent including health and variable annuity.

1. The course must employ some type of monitoring method to verify all students are participating throughout the course.

2. Online access for the Department to review the course.

3. Upon completion, all students are required to acknowledge by signing an acknowledgement that verifies their presence and completion of the entire course. The acknowledgement shall also include a statement that the student understands that a violation of such standards shall result in an administrative sanction based on Section 626.611(7), F.S., and the loss of course credit.

(e) Administrative Agent.

(f) Life agent including variable annuity.

(g) Health only agent.

(h) Life only agent.

(i) Industrial Fire Agent.

(j) Bail Bondsman.

(k) Bail Bond Runner.

(l) Surplus Lines Agent.

(m) Title Agent.

(4) Additional requirements for correspondence courses. Training programs are classroom only courses and are required for the following:

(a) Students must be provided a response to their inquiries within two (2) business days from the date of the inquiry Health Care Risk Manager.

(b) Students are required to acknowledge their understanding that the course must be completed without assistance. The student acknowledgement shall also include a statement that the student understands that a violation of such standards shall result in an administrative sanction based on Section 626.611(7), F.S., and the loss of course credit Auto Mediator.

(c) The provider shall submit the following:

1. Description of how students will be provided a response to their inquiries.

2. A copy of the final examination and how it will be administered.

3. An electronic copy of all course content.

(d) In addition, online interactive correspondence courses are subject to the following requirements:

1. Online access for the Department to review the course.

2. Description of how the student will access the course.

3. Procedures to verify student identity at registration and throughout the duration of the course, including examinations.

(5) All instruction of courses approved under this rule must be by approved instructors. Insurance courses taken for college credit through accredited institutions of higher learning are exempt from this rule.

(5)(6) Neutral Evaluators must complete a course through the Florida State Courts Alternative Dispute Resolution Program. Classroom courses shall be offered by a Department approved entity and instructed by a Department approved instructor in accordance with an outline approved by the Department. Correspondence courses shall be offered by a Department approved entity in accordance with the study manual authorized by the Department. Each correspondence course must include lesson plans and examinations for each applicable chapter of the designated study manual and a comprehensive examination. Correspondence course lesson completions may not be credited to the classroom hours required.

(7) General Lines Agent Courses.

(a) A general lines agent course shall consist of:

1. Two hundred hours of classroom instruction in all lines of insurance except life and annuities or,

2. A correspondence course, which is offered at least once per year by an accredited institution of higher learning in this state, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of general lines qualification classroom courses.

(b) An applicant qualifying for a license as a general lines agent by completing a correspondence course shall also satisfy the experience requirement of Section 626.732(1)(b), F.S.

(8) Customer Representative Courses. A customer representative course shall consist of:

(a) 100 hours of classroom instruction in all lines of insurance except life and annuities or,

(b) A correspondence course, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of customer representative qualification classroom courses.

(9) Limited Customer Representative Courses. A limited customer representative course shall consist of:

(a) 40 hours of classroom instruction in private passenger automobile insurance only and related statutes and rules, or

(b) A correspondence course, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of limited customer representative qualification classroom courses.

(10) Motor Vehicle Physical Damage Courses. A motor vehicle physical damage agent course shall consist of:

(a) 25 hours of classroom instruction in motor vehicle physical damage and mechanical breakdown insurance only and related statutes and rules or,

(b) A correspondence course, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of motor vehicle physical damage qualification classroom courses.

(11) Industrial Fire Agent Courses. An industrial fire agent course shall consist of:

(a) 20 hours of classroom instruction in industrial fire and burglary insurance only and related statutes and rules or,

(b) A correspondence course, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of industrial fire agent qualification classroom courses.

(12) Bail Bondsman Courses. A bail bondsman course shall consist of:

(a) 80 hours of classroom instruction in the criminal justice system, and

(b) A correspondence course, covering the subjects of bail bonds.

(13) Bail Bond Runner Courses. A bail bond runner course shall consist of 20 hours of classroom instruction in the criminal justice system.

(14) Surplus Lines Agent Courses. A surplus lines agent course shall consist of 60 hours of classroom instruction in surplus and excess lines of insurance.

(15) Title Agent Courses. A title agent course shall consist of: 40 hours of classroom instruction in title insurance including closing procedures, escrow handling, examination of Title, abstracting and title searches. Correspondence course completions may not be credited as classroom hours.

(16) Life, Health, and Variable Annuities Agent Courses. A life, health, and variable annuities including administrative agent course shall consist of:

(a) 40 hours of classroom instruction in life insurance, health insurance and variable annuities,or

(b) A correspondence course equivalent to a minimum of 40 hours of classroom instruction in life insurance, health insurance, and variable annuities.

(17) Health Agent Courses. A health only agent course shall consist of:

(a) 40 hours of classroom instruction only in health insurance, or

(b) A correspondence course, which is offered at least once per year by an accredited institution of higher learning in this state, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of health agent qualification classroom courses.

(18) Life and Variable Annuity Agent Courses. A life and variable annuities agent course shall consist of:

(a) 40 hours of classroom instruction in life insurance and variable annuities or,

(b) A correspondence course, which is offered at least once per year by an accredited institution of higher learning in this state, covering all subjects in the approved outline, as specified in subsection 69B-227.170(2), F.A.C., of life and variable annuity agent qualification classroom courses for a minimum of 40 hours of classroom instruction in life insurance and variable annuities.

(19) Health Care Risk Manager Courses. A health care risk manager course shall consist of 384 hours of classroom instruction in health care and risk management.

(20) Risk Management Education Programs. A risk management education program shall consist of 120 hours of classroom instruction in risk management.

(21) Health Care Education Programs. A Health Care Education Program shall consist of 80 hours of classroom instruction in health care information and procedure.

(22) Mediator Training Programs. A mediator training program shall consist of 40 hours of classroom instruction in mediation theory, mediation process and techniques, standards of conduct for mediators, conflict management and intervention skills, and insurance nomenclature.

(23) Course Audits. The Department reserves the right to audit courses and administrative records with or without notice to the sponsoring entity. Audits will result in notice to the sponsoring entity of deficiencies found and of corrective action required by the entity where warranted. The Department will reduce the number of approved credit hours for the course or disapprove the course entirely if the entity fails to correct the deficiencies.

(24) Disapproval. Any one of the following criteria shall constitute grounds for the Department to disapprove an Application For Entity/Course Approval:

(a) An entity officer or a school official having been convicted of a felony under the law of the United States of America or of any state thereof or under the law of any country.

(b) Disciplinary action has been taken against an entity officer or school official.

(c) The application is incomplete.

(d) The course or entity, or an entity officer or a school official associated therewith, has not otherwise met the qualifications specified in this rule, or has violated any provision of this rule part.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.170, 69B-211.170, Amended__________.

 

69B-227.180 Course Offering Schedule and Attendance Records.

(1) Each provider must submit, in accordance with the submission procedures in Rule 69B-227.290, F.A.C., a course offering on school official shall furnish, in duplicate, a properly completed Form DFS-H2-397, “Offering Application Schedule of Classes,” which is incorporated by reference adopted in Rule 69B-227.290 69B-228.180, F.A.C., for each time the course is offered class offering for each location, containing the dates and times that classes meet, a schedule of examinations and other requested data. The application must be submitted to schedule shall be received and approved by the Department at least fifteen (15) 30 days prior to the date and time the beginning of the qualification or training classroom course is offered. Received is determined by the Department’s date stamp. The Department shall assign a Course Offering Class Number to each course Schedule of Classes to identify each specific class offering. This number must be entered on the Roster, Form DFS-H2-400, “Roster,” which is incorporated by reference in Rule 69B-227.290, F.A.C. A stamped self-addressed return envelope must be submitted for return of the duplicates.

(2) Changes to approved course offerings schedules must be requested by the provider in writing and approved by the Department prior to the date when the change will be effective. The original approved duplicate schedule must be revised and resubmitted in duplicate with a stamped self-addressed return envelope.

(3) Classes must be in session on scheduled dates during specified hours.

(4) Each provider shall maintain accurate class attendance records on Form DFS-H2-400, “Roster.” The class must be held in an area readily accessible for audit by an authorized Department employee.

(5) No class shall last for more than 10 hours in any one day or conclude after 10:00 p.m.

(6) Entities may, at their discretion, submit Schedules of Classes for approved courses on a quarterly or annual basis and file revisions in duplicate. Entities shall not begin class without acknowledgment of approval by the Department.

(7) The student’s driver’s license or other photo ID must be used for verification of identity by the school official or instructor for each offering. It shall be grounds for the Department to institute administrative action if a Roster is submitted which includes the name of a student who was not in attendance.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.180, 69B-211.180, Amended__________.

 

69B-227.190 Certification of Students.

(1) The provider shall electronically submit to the Department in accordance with the submission procedures in Rule 69B-227.290, a completed Form DFS-H2-400, “Roster,” which is incorporated by reference in Rule 69B-227.290, F.A.C., of all students who have satisfactorily completed the course. The Roster must be received by the Department within 21 days after the final examination is administered.             

(2) Form DFS-H2-1668 399, “Certificate of Completion,” which is incorporated by reference adopted in Rule 69B-228.180, F.A.C., shall be issued to each person satisfactorily completing a course. “Satisfactory completion” as used herein shall mean that the student achieves attendance of no less than 75% of classroom hours and a minimum score of 70 percent on the final examination, except for a student in a bail bond agent course who must achieve a minimum score of 80 percent on the final examination for the overall coursework. The school official shall send a completed Form DFS-H2-400, “Roster,” which is adopted in Rule 69B-228.180, F.A.C., of all students who completed the course to the Department. The Roster must be received by the Department within 20 days after the final test is administered. Date received is evidenced by the date received stamp in the Bureau of Agent & Agency Licensing. Form DFS-H2-399, “Certificate of Completion,” shall be completed by the school official and furnished to each student. Rosters received by the Department 20 days after the completion date of the course will be considered late. A stamped self-addressed return envelope must be submitted with each Roster or combination of Rosters.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.190, 69B-211.190, Amended_________.

 

69B-227.200 Attendance.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.200, 69B-211.200, Repealed__________.

 

69B-227.210 Postsecondary Exempted Courses.

(1) An accredited institution of higher learning is exempt from the requirements of this rule chapter part with regard to classroom courses for which students receive academic credits that count toward the pursuit of an associate, bachelor or higher level academic degree. An individual can apply academic credit earned in a course approved by the Department from an accredited institution of higher learning to satisfy the educational requirements of this rule part. An individual can also satisfy these educational requirements by teaching a college-credit course approved by the Department at an accredited institution of higher learning. In order for a course to be “approved” by the Department for purposes of credit, the individual must provide proof of completion, proof of accreditation of the institution, and must provide a summary of the course material which contains sufficient information for the Department to determine the number of clock hours attributable to the subject matter of the licensure sought. Examples of a summary are a course syllabus, course outline, course catalogue description, or other descriptive summary of the course. Each clock hour that a course is held represents an hour of the pre-licensing requirement. For example, a 3-hour college-level course which is provided on a semester system is equivalent to 40 clock hours of classroom instruction in an approved pre-licensing course, as approved pursuant to Rule 69B-227.170, F.A.C. The hours must be in the specific subject matter of the licensure which the individual is seeking. Only the clock hours attributable to the subject matter of the licensure sought will be applied to fulfill this requirement. In order for an individual to fulfill their educational requirements with courses from an accredited institution of higher learning, the following is required for each class and type of license:

(1) General Lines Agents:

(a) Completed fifteen (15) semester hours of college credit, or its equivalent, in property and casualty insurance at an accredited institution of higher learning, or

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(2) In lieu of completing courses that have been filed and approved under this rule chapter, an individual can apply academic credit earned in a course exempt pursuant to subsection (1) above for that type and class of license from an accredited institution of higher learning to satisfy the educational requirements. An individual can also satisfy these educational requirements by teaching a college-credit course approved by the Department at an accredited institution of higher learning. Customer Representatives and Limited Customer Representatives:

(a) Completed 6 semester hours of college credit, or its equivalent, in property and casualty insurance at an accredited institution of higher learning, or

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(3) In order for a course to be accepted by the Department for purposes of credit, the individual must provide proof of completion from an accredited institution and must provide a summary of the course material which contains sufficient information for the Department to determine the applicability to the license sought. A semester hour of college-level instruction is equivalent to 13-1/2 hours of classroom instruction in an approved pre-licensing course, as approved pursuant to Rule 69B-227.170, F.A.C. The hours must be in the specific subject matter of the licensure which the individual is seeking. Only the hours attributable to the subject matter of the licensure sought shall be applied to fulfill this requirement. Motor Vehicle Physical Damage and Mechanical Breakdown Agents:

(a) Completed 3 semester hours of college credit, or its equivalent, in casualty (including automobile physical damage) insurance at an accredited institution of higher learning, or

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(4) Industrial Fire Agents:

(a) Completed 3 semester hours of college credit, or its equivalent, in property insurance at an accredited institution of higher learning, or

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(5) Bail Bondsmen:

(a) At least 6 semester hours of college credit, or its equivalent, in the criminal justice system, and

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(6) Bail Bond Runners: At least 3 semester hours of college credit, or its equivalent, in the criminal justice system.

(7) Surplus Lines Agents:

Completed 60 hours of classroom instruction in surplus or excess lines insurance at an accredited institution of higher learning.

(8) Life Including Variable Annuity Agents:

(a) Completed 3 semester hours of college credit, or its equivalent, in life insurance, health insurance and annuities at an accredited institution of higher learning, or

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(9) Health Agents:

(a) Completed 3 semester hours of college credit, or its equivalent, in health insurance at an accredited institution of higher learning, or

(b) Completed a correspondence course as prescribed by Rule 69B-227.170, F.A.C.

(10) Health Care Risk Managers – Risk Management Education Program: Completed 15 semester hours of college credit, or its equivalent, in property and casualty insurance at an accredited institution of higher learning.

(11) Title Agents: Completed 3 semester hours of college credit, or its equivalent, in real estate or real property law.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.210, 69B-211.210, Amended__________.

 

69B-227.220 Examinations.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.220, 69B-211.220, Repealed__________.

 

69B-227.230 Refund of Student Course Fees.

(1) Fees for courses shall be reasonable and clearly identified to students.

(1)(2) If a course is cancelled for any reason, all course fees must be refunded are refundable by the course provider in full unless the refund policy is clearly defined in the enrollment application and indicates otherwise. In all instances, fees must be refunded within 45 days of cancellation.

(2)(3) In the event a course is postponed for any reason, students shall be given the choice of attending the course at a later date or having their course fees refunded in full within 45 days. The fees must be refunded within 45 days of postponement unless the student has notified the sponsor that he or she has chosen to participate in the postponed course.

(3)(4) A provider shall sponsor may have a refund policy addressing a student’s cancellation or failure to complete a course, as long as that policy is clear in the course application provided to prospective students. The policy shall  be clearly set forth prior to registration.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.230, 69B-211.230, Amended __________.

 

69B-227.240 Facilities.

Classroom courses and monitored exams for correspondence courses With the exception of correspondence courses, each course shall be conducted in a classroom or other facility which is adequate to comfortably accommodate the faculty and the number of participants and as suitable for classroom-type instruction. The sponsor may limit the number of participants enrolled in a course.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.240, 69B-211.240, Amended__________.

 

69B-227.250 Advertising.

(1) through (2) No change.

(3) No advertisement for a course subject to this rule chapter shall contain the Great Seal of the State of Florida identified in Section 15.03, F.S., or Department logo, or shall be otherwise made to appear as if the Department or State of Florida is providing or endorsing a course or provider.

(4) Advertising shall display the course name, course authority, provider number, provider name, the Florida course identification number, and study method.

(5) An approved course provider that places, or causes to be placed, an advertisement for a course bears responsibility for the content of the advertisement and its compliance with this rule chapter.

Rulemaking Authority 624.308(1), 626.2817, 626.9611 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 626.9541(1), 627.7015, 627.7074, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.250, 69B-211.250, Amended__________.

 

69B-227.260 Study Aids.

(1)  Each school official shall, prior to the commencement of a pre-licensing qualification course or training program class furnish to each student the name and contact information for the current study manual vendor distributor location of current study manual(s) prepared for the Department through contract entered into in accordance with Chapter 287, F.S., and verify the first day of class that each student is aware that the state licensing examination will be based upon has a copy of the latest edition of the approved study manual(s), if any. The approved course outline, laws, Department rules and rules of other governmental agencies relating to the specific license or certification, samples of current insurance policies and related forms pertaining to the course shall be furnished to the student by the approved entity. Study manuals are required for the following courses:

(a)(1) General Lines Agent, Personal Lines Agent, Customer Representative, or Limited Customer Representative Course.

(b)(2) Industrial Fire Agent.

(c)(3) Life, Health, and Variable Annuity Agent including Administrative Agent, life only agent and health only agent.

(d)(4) Title Agent.

(e) Surplus Lines Agent.

(2) Contact information for the vendors of the study manuals is available at http:www.myfloridacfo.com/Division/Agents/Licensure/Examinations/studyManuals.htm.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.260, 69B-211.260, Amended__________.

 

69B-227.270 Prohibited Practices.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.270, 69B-211.270, Repealed__________.

 

69B-227.280 Falsification of Reports.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 624.418, 626.611, 626.621, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.280, 69B-211.280, Repealed__________.

 

69B-227.290 Forms and Submission of Forms through the Education Database.

(1) The Department has established on online application on its website for all activity relating to approval of providers, school officials, courses, course offerings, instructors, and the filing of rosters and other information relating to pre-licensing courses required by rule or statute to be filed with the Department. The system can be accessed at the Department’s website, http://www.myfloridacfo.com/division/agents, by clicking on the MyProfile login. All forms necessary to comply with filing requirements outlined in this rule part may be obtained from and shall be submitted to the Bureau of Agent and Agency Licensing, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0319, and may be reproduced at will. School officials will receive a complete set of blank forms when courses are approved. School officials are expected to maintain copies of the original forms received from the Department for use in making required submissions of schedules, certifications of instructors, certification of students, or other required filings. Requests for replacement sets will result in a document charge at $0.50 per page. Forms and other documents that are filed with the Department for processing course information after the course is approved and that require a response from the Department must be filed in duplicate and must include a self-addressed stamped envelope. No facsimile transmissions of forms shall be accepted by the Department for filing purposes.

(2) All forms necessary to comply with filing requirements outlined in this rule chapter shall be accessed through the Department’s Education Database as described in subsection (1) above. All forms necessary to comply with filing requirements outlined in this rule chapter are adopted and incorporated by reference in subsection (4) below. Forms shall be filed in accordance with the respective time provisions set forth in this rule part. Forms filed after a particular deadline shall evidence “lateness”. Late shall be evidenced determined by the Department date-received stamp. Forms are required to be submitted in original. Facsimile transmissions will not be accepted to prevent late filing status. Changes to information on approved original forms shall be sent to the Department as soon as knowledge of the change occurs.

(3) The Education Database shall provide written notification of all application approvals. If, during the review process, the Department requests additional information through the system, the provider shall respond to the request for additional information using the system.

(4) The following forms are hereby incorporated by reference and are available on the Department’s website as provided above:

(a) DFS-H2-397, Offering Application, Rev. 3/2014.

(b) DFS-H2-398, Instructor Application, Rev. 3/2014.

(c) DFS-H2-1668, Certificate of Completion, Eff. 2/2006.

(d) DFS-H2-400, Roster, Rev. 3/2014.

(e) DFS-H2-464, Provider Application, Rev. 3/2014.

(f) DFS-H2-1137, School Official/Supervising Instructor Application, Rev. 3/2014.

(g) DFS-H2-1268, Course Application, Rev. 3/2014.

(h) DFS-H2-2130, Florida Insurance Examination Content Outlines, Eff. 1/2014.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 648.37 FS. History–New 4-11-94, Formerly 4-211.290, 69B-211.290, Amended_________.

 

69B-227.300 Transition Time in the Event of Rule Changes.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.300, 69B-211.300, Repealed__________.

 

69B-227.310 Grounds for Disapproval, Suspension, or Revocation of Approval of a Provider, School Official, Supervising Instructor, or Instructor; Other Penalties.

The Department shall disapprove an application or, fine, order restitution by, suspend, or revoke approval of a provider, school official, or instructor if:

The Department shall impose the following penalties upon a Department finding of a violation of this rule part, or Sections 626.2815 and 626.869(5), F.S., by entities, school officials, instructors, or monitors, to the extent necessary to provide restitution or otherwise remedy the violation and to prevent future violations:

(1) Consistent with the standards in rule Chapters 69B-231 and 69B-241, F.A.C., it finds that the individual, entity, or officer, owner or director thereof, has had a license, permit, registration, or other authority to conduct business in the areas of education, insurance, or other financial servcies industry subject to a finding, injunction, suspension, prohibition, revocation, denial, judgment, final agency action, or administrative order by any court of competent jurisdiction, administrative law proceeding, state agency, federal agency, or federally established regulatory body or association; Order the refund of all course tuition and fees to licensees.

(2) Consistent with the standards in Section 626.207, F.S., and Rule 69B-211.042, F.A.C., it finds that the individual, entity, or officer, owner or director thereof, has criminal history; Require entities, school officials, instructors, and/or monitors to provide licensees with a suitable course to replace the course that was found in violation.

(3) The individual, entity, or officer, owner or director thereof, has not otherwise met the qualifications specified in this rule chapter or has violated any provision of this rule chapter; Withdraw approval of courses sponsored by such provider for a period of 2 years.

(4) The individual, entity, or officer, owner or director thereof, lacks the knowledge, competence, fitness or trustworthiness to fulfill the educational objectives of Sections 626.2815, 626.2817, 627.7015, 627.7074, 627.745, 648.385, and 648.386, F.S. Suspend or revoke the authority to instruct or deny the approval of an instructor, speaker, lecturer, or monitor if the Department finds a violation of any provision of Section 626.611 or 626.621, F.S., or any subsection of this rule part, or the person has had any disciplinary action taken against any license relating to the business of insurance issued by this or any other state, country, or territory at any time before or after being approved in this state. The degree of penalty will depend on the degree of impact on education, number of students affected, and frequency of the offense.

(5) The Department shall refuse approval of future courses if past offerings are not in compliance with F.S. or this rule part.

(6) The following fines shall apply to specific instances of misconduct, and are not exclusive of other penalties set forth in this rule part:

(a) Late filing of required original forms on approved courses – $100 per form. Lateness shall be evidenced by the Department date-received stamp. Forms are required to be original and facsimile transmissions will not be accepted to prevent late filing status. Changes to information on approved original forms shall be sent to the Department as soon as knowledge of the change occurs.

(b) Advertising and soliciting attendance for any course before the Department has notified the school official of the approved status of the course application – $1,000 per incident.

(c) Instruction of a class by an unapproved instructor – $500 penalty to instructor and sponsoring entity.

(d) Failure to maintain course completion and attendance records for audit for 3 years following the completion date of each offering – $500 per audit.

(e) Falsification of any document, form, outline or information filed with the Department in connection with any course – $1,000 per violation.

(f) Failure to use only the approved outline on file with the Department – $500 per violation.

(g) Failure to notify the Department within 30 days of a change of address – $100 per violation.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 624.418, 624.4211, 626.2817, 626.611, 626.621, 626.681, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.310, 69B-211.310, Amended__________.

 

69B-227.320 Curriculum Standards for Special Designation.

Pursuant to Section 626.221(2)(1), F.S., the Department of Financial Services establishes the following curriculum standards:

(1) Application process.

(a) An application for approval of a designation course curriculum must be submitted in accordance with the submission procedures in Rule 69B-227.290, F.A.C.

(b) All course curriculum materials, other than outlines and study manuals prepared by the Department, must be submitted in accordance with the submission procedures in Rule 69B-227.290, F.A.C.

(2) Requirements for designation curriculum.

(a) No course shall be taught unless its curriculum has been previously approved by the Department based on the requirements of this rule chapter.

(b) A comprehensive final examination covering the course content shall be given at the end of each course.

(c) All time used for the examination shall be in addition to the required course hours.

(d) Any change in an approved course curriculum must be submitted to the Department prior to being implemented.

(3) For any designation specified in Section 626.221(2)(i), F.S., as a Certified Customer Service Representative (CCSR), Professional Customer Service Representative (PCSR), or Registered Customer Service Representative (RCSR), the requirement is at least 40 course hours covering all topics in the current customer representative Examination Content Outline found in Form DFS-H2-2130, which is incorporated by reference in Rule 69B-227.290, F.A.C.:

(a) At least 26 hours in:

1. Automobile Insurance:

a. Personal Auto;

b. Business Auto Policy;

c. Garage Insurance;

d. Florida Laws, Including Financial Responsibility;

e. Automobile No-Fault;

2. General Liability;

3. Property Insurance:

a. Personal Insurance Coverage;

b. Commercial Property Insurance;

c. Flood Insurance;

4. Package Policies:

a. Homeowners Insurance;

b. Commercial Package Policies;

5. Workers’ Compensation;

6. Crime:

a. Crime General Provisions;

b. Crime Plans Coverage Forms (A-G);

7. Surety Bonds;

8. Marine:

a. Inland Marine (Personal);

b. Inland Marine (Commercial);

9. Health:

a. Health Insurance;

b. Disability Income;

c. Medicare Supplement;

10. Residual Markets:

a. FAJUA;

b. WCJUA;

c. FWUA;

d. FRPCJUA;

11. Agent Licensing Requirements:

a. Agent Responsibilities;

b. Change of Address;

c. Continuing Education;

d. License Renewal;

12. Basic Florida Insurance Principles, Concepts, and Laws.

(b) At least 8 hours in:

1. Ethics;

2. Office Management;

3. Customer Relations;

(4)(2) For any designation specified in Section 626.221(2)(j), F.S., as an Accredited Claims Adjuster (ACA), Professional Claims Adjuster (PCA), Professional Property Insurance Adjuster (PPIA) from the HurriClaim Training Academy, Certified Adjuster (CA) from ALL LINES Training or Certified Claims Adjuster (CCA) from the Association of Property and Casualty Claims Professionals, the requirement is at least 40 course hours covering all topics in the current all-lines adjuster Examination Content Outline found in Form DFS-H2-2130, which is incorporated by reference in Rule 69B-227.290, F.A.C.:

(a) At least 26 hours in:

1. Property and Liability Insurance Concepts, Insurance Contracts and Law, and Adjusting Practices;

2. Casualty/Liability Insurance:

a. Automobile Liability;

b. Automobile No-Fault;

c. Uninsured Motorists;

d. Automobile Miscellaneous;

e. General Liability;

f. Crime and Surety;

g. Workers’ Compensation;

h. Umbrella/Excess Liability;

i. Commercial Property Insurance;

3. Fire and Allied Lines, Including Marine Insurance:

a. Dwelling Policies;

b. Homeowners Insurance;

c. Commercial Property Policy;

d. Business Owners Policy;

e. Boiler and Machinery;

f. Inland Marine Insurance;

g. Ocean Marine Insurance;

h. Flood Insurance;

i. Aviation Insurance;

4. Motor Vehicle Physical Damage and Mechanical Breakdown Insurance:

a. Personal Auto Insurance;

b. Business Auto Insurance;

c. Mechanical Breakdown;

5. Health Insurance;

6. Residual Markets;

7. Florida Statutes.

(b) At least 8 hours in:

1. Ethics;

2. Negotiation Skills;

3. Communication Skills.

Rulemaking Authority 626.221, 626.2817 FS. Law Implemented 626.221, 626.2817 FS. History–New 11-6-01, Amended 8-7-03, Formerly 4-211.320,  Amended 1-17-05, 11-7-06, 7-3-07, 4-27-10, Formerly 69B-211.320, Amended__________.

 

69B-227.330 Timeline for Submissions.

(1) An application must be complete within 60 days of initial submission to the Department or it shall be closed.

(2) If the Department determines an application is incomplete, it shall notify the applicant of deficiencies. If identified deficiencies are not resolved within 20 days from the date of the Department’s deficiency notice, the application shall be closed.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 624.418, 626.2817, 626.611, 626.621, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.745, 648.34 FS. History–New__________.

 

69B-227.340 Course Audits.

The Department shall audit courses and provider records with or without notice to the provider. Providers shall give the Department access to all approved courses within 3 days of the course offering. Audits shall result in notice to the provider of deficiencies found and of corrective action required where warranted. The Department shall disapprove the course if the provider fails to correct the deficiencies.

Rulemaking Authority 626.2817 FS. Law Implemented 626.2817 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matt Tamplin, Bureau of Licensing

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 9, 2014