The Office of Insurance Regulation is updating Chapter 69O-200.

 

DEPARTMENT OF FINANCIAL SERVICES

OIR – Insurance Regulation

RULE NOS.:RULE TITLES:

69O-200.001Purpose and Scope

69O-200.002Definitions

69O-200.004Qualification to Obtain and Hold a License

69O-200.006Contractual Liability Insurers

69O-200.009Form Filings

69O-200.011Disapproval of Forms

69O-200.014Exemption From Financial Examination

69O-200.015Forms Incorporated by Reference

69O-200.017Annual Reports

PURPOSE AND EFFECT: The Office of Insurance Regulation is updating Chapter 69O-200.

SUMMARY: 69O-200.001, 69O-200.002, 69O-200.006, 69O-200.014, and 69O-200.015 are repealed. 69O-200.004 is amended to include all applications for motor vehicle service agreement companies in one rule. 69O-200.009 is amended to make grammatical changes. 69O-200.011 is amended to update the rule language. 69O-200.017 is created concerning annual reports.

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 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: Agency personnel familiar with the subject matter of the rule amendment have performed an economic analysis of the rule amendment that shows that the rule amendment is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.

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: 634.021, 634.061(1), 634.061(2)(c), 634.137(1), 634.137(5) FS.

LAW IMPLEMENTED: 624.307, 624.501, 634.031, 634.041, 634.061, 634.071, 634.121, 634.1213, 634.137, 634.141, 634.161, 634.252 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Lawrence, Jr., Chief Legal Counsel, Office of Insurance Regulation, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-200.001 Purpose and Scope.

Rulemaking Authority 634.021 FS. Law Implemented 624.307(1), 634, Part I FS. History–New 6-25-90, Formerly 4-114.001, 4-200.001, Repealed _________.

 

69O-200.002 Definitions.

Rulemaking Authority 634.021 FS. Law Implemented 634.011 FS. History–New 5-26-93, Formerly 4-200.002, Repealed _________.

 

69O-200.004 Application for License and License Renewal.  Qualification to Obtain and Hold a License.

 

Substantial rewording of Rule 69O-200.004, F.A.C. follows.  See Florida Administrative Code for present text.

 

(1) Application for License as a Motor Vehicle Service Agreement Company

(a) An application for a license as a motor vehicle service agreement company consists of the following:

1. Form OIR-C1-994, “Application for License Motor Vehicle Service Agreement Company,” effective 3/21, hereby incorporated by reference and available at www.flrules.org/XXXXX;

2. Form OIR-C1-144, “Service of Process Consent & Agreement,” effective 6/04, hereby incorporated by reference and available at www.flrules.org/XXXXX;

3. Form OIR-C1-905, “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at www.flrules.org/XXXXX;

4. Form OIR-C1-938, “Fingerprint Payment and Submission Procedures,” effective 6/20, hereby incorporated by reference and available at www.flrules.org/XXXXX;

5. Form OIR-C1-995, “List of Proposed Sales Representatives,” effective 10/05, hereby incorporated by reference and available at www.flrules.org/XXXXX;

6. Form OIR-C1-1423, “Biographical Affidavit,” effective 12/20, hereby incorporated by reference and available at www.flrules.org/XXXXX; and

7. Form OIR-C1-2221, “Management Information Form,” effective 6/20, hereby incorporated by reference and available at www.flrules.org/XXXXX;

(b) A person applying for a license as a motor vehicle service agreement company shall submit the forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.floir.com/iportal.

(2) License Continuance for Motor Vehicle Service Agreement Company

(a)1. All motor vehicle service agreement company licenses shall continue in force as long as licensee is entitled thereto under chapter 634, Part I, Florida Statutes.

2. Failure to submit the application for continuance by March 1 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a motor vehicle service agreement company shall submit Form OIR-A3-467 LR, “Application for License Continuance Motor Vehicle Service Agreement Company,” effective 5/21, hereby incorporated by reference and available at www.flrules.org/XXXXX, filed electronically at https://www.floir.com/iportal.

Rulemaking Authority 634.021, 634.061(1), (2)(c) FS. Law Implemented 634.041 FS. History–New 5-26-93, Formerly 4-200.004, Amended 8-13-12, _________.

 

69O-200.006 Contractual Liability Insurers.

Rulemaking Authority 634.021 FS. Law Implemented 634.041 FS. History–New 5-26-93, Formerly 4-200.006, Amended 8-13-12, Repealed _________.

 

69O-200.009 Form Requirements Filings.

(1) No change.

(2) Every service agreement issued in this state shall contain at least the following:

(a) through (b) No change.

(c) A space for identifying the salesperson salesman licensed under section 634.171, F.S.;

(d) A space for a an unique identifying number;

(e) A space for an issue and expiration date; and,

(f) No change.

Rulemaking Authority 634.021 FS. Law Implemented 634.121 FS. History–New 5-26-93, Formerly 4-200.009, Repromulgated 8-13-12. Amended _________.

 

69O-200.011 Noncompliant Disapproval of Forms.

A company may be ordered to stop using any form will be disapproved if:

(1) It does not meet the minimum requirements set forth in rule 69O-200.009, F.A.C.; or and/or

(2) Contains names, telephone numbers, or other language which makes it difficult for the service agreement-buying public to determine which company actually has issued and is liable for the service agreement. This may include, but is not limited to, the following:

(a) Prominent use of trade names; and,

(b) No change.

Rulemaking Authority 634.021 FS. Law Implemented 634.1213 FS. History–New 5-26-93, Formerly 4-200.011, Amended _________.

 

69O-200.014 Exemption From Financial Examination.

Rulemaking Authority 634.021 FS. Law Implemented 634.141, 634.416 FS. History–New 5-26-93, Formerly 4-200.014, Amended 8-13-12, Repealed _________.

 

69O-200.015 Forms Incorporated by Reference.

Rulemaking Authority 634.021 FS. Law Implemented 634.041, 634.061, 634.071, 624.501, 634.161, 634.252 FS. History–New 6-25-90, Formerly 4-114.015, Amended 5-26-93, 6-6-94, Formerly 4-200.015, Amended 8-13-12, Repealed _________.

 

69O-200.017 Annual Reports.

Annual Reports are to be filed with the Office, on or before March 1 of each year, on Form OIR-A3-467, “Annual Report for Motor Vehicle Service Agreement Company,” effective 5/21, hereby incorporated by reference and available at www.flrules.org/XXXXX, and Form OIR-A3-1984, “Annual Report for Motor Vehicle Manufacturers,” effective 5/21, hereby incorporated by reference and available at www.flrules.org/XXXXX.  The filings shall be submitted electronically at https://www.floir.com/iportal. If the Annual Report is not completed to include all information requested in the format provided, then it will not be deemed filed until all deficiencies are corrected.

Rulemaking Authority 634.021, 634.137(1), (5) FS. Law Implemented 634.137 FS. History-New _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Lawrence, Jr., Chief Legal Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 9, 2022