The purpose of this rule proceeding is the repeal rule chapter 69O-228, F.A.C. which addresses the continuing education requirements of insurance representatives. The Office does not exercise authority over insurance representatives. The Department ...

 

FINANCIAL SERVICES COMMISSION

OIR – Insurance Regulation

RULE NOS.:RULE TITLES:

69O-228.010Purpose

69O-228.020Scope

69O-228.030Definitions

69O-228.040Course Providers

69O-228.050School Officials

69O-228.060Instructors and Supervising Instructors

69O-228.080Course Approval; Requirements; Guidelines

69O-228.090Course Offerings and Attendance Records

69O-228.100Certification of Students

69O-228.110Textbooks

69O-228.120Course Fees

69O-228.130Facilities

69O-228.150Advertising

69O-228.160Prohibited Practices

69O-228.180Forms

69O-228.190Transition Time in the Event of Rule Changes

69O-228.210Penalties for Course Providers, School Officials, Supervising Instructors, Instructors, and Monitors

69O-228.220Licensee Compliance; Requirements; Penalties for Non-Compliance

69O-228.230Extensions

69O-228.240Applicability of Continuing Education Requirement for New Licensees

69O-228.250Exempted Licensees

PURPOSE AND EFFECT: The purpose of this rule proceeding is the repeal rule Chapter 69O-228, F.A.C. which addresses the continuing education requirements of insurance representatives. The Office does not exercise authority over insurance representatives. The Department of Financial Services regulates the continuing education requirements of insurance representatives in Rule Chapter 69B-228, F.A.C.

SUMMARY: Rule Chapter 69O-228, F.A.C., was promulgated to establish requirements and standards for continuing education courses and records for persons: (1) licensed to solicit or sell insurance or act as limited surety or bail bond agents, (2) licensed to adjust workers’ compensation claims in this state and (3) authorized to offer or teach related coursework in this state.

Section 626.2816, Florida Statutes, specifically requires the Department of Financial Services to adopt rules relating to continuing education of this type. Towards this end, the Department of Financial Services has promulgated Rule Chapter 69O-228, F.A.C. The Office does not have sufficient statutory authority to enforce the rules contained in Rule Chapter 69O-228, F.A.C. and as a result this rule chapter should be repealed.

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: Agency personnel familiar with the subject matter of the rule repeal have performed an economic analysis of the rule repeal that shows that the rule repeal 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: 624.308, 648.26, 626.9611 FS.

LAW IMPLEMENTED: 624.307(1), 626.2815, 626.2816, 626.869(5), 648.385, 648.386, 624.501 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: June 19, 2014, 9:30 a.m.

PLACE: 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Debra Seymour, Office of Insurance Regulation, E-mail: [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: Debra Seymour, Office of Insurance Regulation, E-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-228.010 Purpose.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 626.2815, 626.2816, 626.2816(2), 626.869(5) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.010, Repealed_________.

 

69O-228.020 Scope.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.869(5), 648.385 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.020, Repealed_________.

 

69O-228.030 Definitions.

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

 

69O-228.040 Course Providers.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.501(20), 626.2815, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.040, Repealed_________.

 

69O-228.050 School Officials.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.501(20)(c), 626.2815, 626.869(5), 648.36 FS. History–New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.050, Repealed_________.

 

69O-228.060 Instructors and Supervising Instructors.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.501(20)(c), 626.2815, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.060, Repealed_________.

 

69O-228.080 Course Approval; Requirements; Guidelines.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.501(20), 626.2815, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.080, Repealed_________.

 

69O-228.090 Course Offerings and Attendance Records.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 626.2815, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.090, Repealed_________.

 

69O-228.100 Certification of Students.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 624.501(20)(c), 626.2815, 626.869(5) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.100, Repealed_________.

 

69O-228.110 Textbooks.

Rulemaking Specific c Authority 624.308 FS. Law Implemented 624.307(1), 626.2815, 626.869(5) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.110, Repealed_________.

 

69O-228.120 Course Fees.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 626.2815, 626.869(5) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.120, Repealed_________.

 

69O-228.130 Facilities.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 626.2815, 626.869(5) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.130, Repealed_________.

 

69O-228.150 Advertising.

Rulemaking Specific Authority 624.308, 626.9611 FS. Law Implemented 624.307(1), 626.2815, 626.869(5), 626.9541(1)(b) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.150, Repealed_________.

 

69O-228.160 Prohibited Practices.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 626.2815, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.160, Repealed_________.

 

69O-228.180 Forms.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.8419(1), 626.869(5), 627.952(1)(b), 648.386 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.180, Repealed_________.

 

69O-228.190 Transition Time in the Event of Rule Changes.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.611, 626.621, 626.681, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.190, Repealed_________.

 

69O-228.210 Penalties for Course Providers, School Officials, Supervising Instructors, Instructors, and Monitors.

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 624.4211, 626.2815, 626.611, 626.621, 626.869(5), 648.385, 648.386 FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.210, Repealed_________.

 

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

Rulemaking Specific Authority 624.308, 648.26 FS. Law Implemented 624.307(1), 616.221(2)(d), 626.2815, 626.611, 626.621, 626.681, 626.691, 626.869(5), 648.385 FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.220, Repealed_________.

 

69O-228.230 Extensions.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.869(5) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.230, Repealed_________.

 

69O-228.240 Applicability of Continuing Education Requirement for New Licensees.

Rulemaking Specific Authority 624.308 FS. Law Implemented 624.307(1), 626.2815, 626.869(5) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.240, Repealed_________.

 

69O-228.250 Exempted Licensees.

Rulemaking Specific  Authority 624.308 FS. Law Implemented 624.307(1), 626.2815(3)(c), 626.869(5) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.250, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Debra Seymour, Office of Insurance Regulation, E-mail [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: THE FINANCIAL SERVICES COMMISSION

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2014