To implement 2024-182, Laws of Florida, incorporate all forms in Chapter 69O-136, F.A.C., into Rule 69O-136.100, F.A.C., and update the lists of forms required to be submitted with each application.  

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    DEPARTMENT OF FINANCIAL SERVICES

    OIR – Insurance Regulation

    RULE NOS.:RULE TITLE:

    69O-136.006Domestic Insurers Filing for an Application for Permit and Subsequent Certificate of Authority

    69O-136.040Health Maintenance Organizations

    69O-136.041Multiple-Employer Welfare Arrangements

    69O-136.042Continuing Care Contracts

    69O-136.043Prepaid Health Clinics

    69O-136.044Insurance Administrators

    69O-136.045Donor Annuity Organizations

    69O-136.046Prepaid Limited Health Service Organizations

    69O-136.047Discount Plan Organizations

    69O-136.050Premium Finance Companies

    69O-136.051Service Warranty Associations

    69O-136.052Home Warranty Associations

    69O-136.053Motor Vehicle Service Agreement Companies

    69O-136.054Legal Expense Insurance Corporations

    69O-136.070Merger or Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer

    69O-136.075Merger or Conversion of a Reciprocal Insurer

    69O-136.100Forms Incorporated by Reference

    PURPOSE AND EFFECT: To implement 2024-182, Laws of Florida, incorporate all forms in Chapter 69O-136, F.A.C., into Rule 69O-136.100, F.A.C., and update the lists of forms required to be submitted with each application.

    SUMMARY: Rule 69O-136.006 is amended and Rules 69O-136.070 and 69O-136.075 are created to implement 2024-182, Laws of Florida, regarding changes to Chapter 629 regulating reciprocal insurers.

    Rules 69O-136.040 - 69O-136.054 are specialty insurers’ applications rules that were transferred to Chapter 69O-136 on April 30, 2024. These rules and Rule 69O-136.100 are amended to incorporate all forms in the chapter into Rule 69O-136.100.

    Rules 69O-136.006, 69O-136.042, 69O-136.043, 69O-136.051, 69O-136.052, and 69O-136.053, are further amended to update the list of forms to be submitted with each application, removing unnecessary forms and adding the required addendums to the background information form.

    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 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: 624.308(1), 624.413(1), 624.439, 624.4431, 624.490, 626.8805(2), 626.8991, 627.481(11), 627.6699, 627.828(2), 628.461(13), 628.4615(15), 628.535, 629.091(2), 629.225(1)(a)1., (11), 629.227(1), 629.291(1), (2), 629.525, 634.021, 634.061(1), (2)(c), 634.302, 634.402, 636.067, 636.232, 641.36, 641.403, 641.405(2), 642.021(2), 651.015(3), 651.021(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1), 651.043 FS.

    LAW IMPLEMENTED: 624.307(1) 624.321, 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.424(6), 624.438, 624.439, 624.490, 624.501, 624.5091, 626.8805, 627.669, 626.7451(11). 626.9928, 627.481, 627.828, 627.829, 628.051 628.451, 628.461, 628.4615, 628.471, 628.801, 629.081, 629.091, 629.225, 629.227, 629.291, 634.041, 634.252, 634.304, 634.305, 634.306, 634.307, 634.3073, 634.315, 634.404, 634.407, 634.408, 634.4085, 636.065, 636.005, 636.007, 636.008, 636.009, 636.204, 636.220, 636.226, 636.228, 636.234, 636.236, 641.21, 641.22, 641.227, 641.29(1), 641.255, 641.405, 641.406, 641.407, 641.409, 641.412, 641.416, 641.42, 641427, 641.43, 641.441, 642.019, 642.021, 642.032, 651.0215, 651.022, 651.023, 651.024, 651.0245, 651.0246 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: Kama Monroe, Assistant General Counsel, Office of Insurance Regulation, Kama.Monroe@floir.com, (850)413-4121.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    69O-136.006 Domestic Insurers Filing for an Application for Permit and Subsequent Certificate of Authority.

    (1) All domestic insurers filing an Application for Permit, pursuant to Chapter 628, F.S., for the following: domestic property and casualty insurers, title insurers, and life and health insurers, and domestic assessable mutual insurers, pursuant to Section 628.051, F.S. except for domestic reciprocal insurers which are addressed in (2); domestic assessable mutual insurers, pursuant to section 628.051, F.S, and Domestic Captive Insurers, pursuant to Chapter 628, Part III, F.S. : ,

    (a) Shall shall comply with the directions on, or otherwise submit, the following applicable forms if applicable:

    1. (a) Form OIR-C1-0521, incorporated by reference in Rule 69O-136.100, F.A.C.;

    2. (b) Form OIR-C1-0520, incorporated by reference in Rule 69O-136.100, F.A.C.;

    3. (c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    4. (d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. (e) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. (f) Form OIR-C1-1422, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. (g) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. (h) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. (i) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. (j) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. (k) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. (l) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. (m) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. (n) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    15. (o) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    16. (p) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;

    17. (q) Form OIR-C1-1522, incorporated by reference in Rule 69O-136.100, F.A.C.;

    18. (r) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;

    19. (s) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;

    20. (t) Form OIR-D0-904, incorporated by reference in Rule 69O-136.100, F.A.C.;

    21. (u) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    22. (v) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) Once applicant has received a permit from the Office pursuant to section (1)(a) above, it shall submit Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C., as well as any other documents required in the permit. Once it has submitted all documents, satisfied the permit conditions, and is otherwise in compliance with Florida law, applicant will be granted a certificate of authority.

    (2) All domestic reciprocal insurers filing an Application for Permit and a subsequent certificate of authority, pursuant to sections 628.051, F.S, and Chapters 624 and 629, F.S.,

    (a) Shall shall shall follow the directions on, or otherwise submit, the following forms if applicable:

    1. (k) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    2. (a) Form OIR-C1-908, incorporated by reference in Rule 69O-136.100, F.A.C.;

    3. (j) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    4. (c) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. (g) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. (h) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. (i) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. (j) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. (k) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. (l) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. (m) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. (n) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. (o) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14 (p) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;

    15. (q) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;

    16. (r) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;

    17. (s) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    18. (t) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) (3) Once applicant has received a permit from the Office pursuant to section (2)(a) 1 or 2 above, it shall follow the directions on, or otherwise submit, the following forms:

    1. Form OIR-C1-151, incorporated by reference in Rule 69O-136.100, F.A.C., and

    2. Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C., as well as any other documents required in the permit.

    (c) Once applicant it has submitted all documents, satisfied the permit and application requirements conditions, and is otherwise in compliance with Florida law, applicant will be granted a certificate of authority.

    (3) (4) All the forms listed in subsection (1) and (2) & (3) above may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal. Forms relating to specific kinds of insurance in subsection (1) and & (2) are to be submitted only by companies issuing policies relating to the kind of insurance specified on the form.

     

    Rulemaking Authority 624.308(1), 624.413(1), 629.091(2), 629.225(11), 629.227(1), 629.291(2), 629.525 FS. Law Implemented 624.307(1), 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.501, 626.7451(11), 628.051, 629.081, 629.091, 629.225, 629.227, 629.291 FS. History–New 2-26-92, Amended 9-19-00, 11-18-02, Formerly 4-136.006, Amended Amemded 1-7-24, ______

     

    69O-136.040 Health Maintenance Organizations.

    (1) An application for a person applying for a certificate of authority as a health maintenance organization consists of the following, if applicable:

    (a) Form OIR-C1-942, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority Health Maintenance Organization,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16320;

    (b) Form OIR-B2-1093, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (e) Form OIR-C1-1423, “incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (l) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (m) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (n) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (o) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) All the forms listed in subsection (1) may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal.

     

    Rulemaking Authority 627.6699, 641.36 FS. Law Implemented 627.6699, 641.21, 641.22, 641.227, 641.29(1) FS. History–New 2-22-88, Amended 10-25-89, Formerly 4-31.027, Amended 5-28-92, Formerly 4-191.027, Amended 9-28-22, 1-28-24, Formerly 69O-191.027. Amended, ____.

     

    69O-136.041 Multiple-Employer Welfare Arrangements.

    (1) An application for a person applying for a certificate of authority as a multiple-employer welfare arrangement consists of the following if applicable:

    (a) Form OIR-C1-983, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority Multiple Employer Welfare Arrangement,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16190;

    (b) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (e) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (l) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (m) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (n) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) A person applying for a certificate of authority as a multiple-employer welfare arrangement shall submit forms in subsection (1) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

     

    Rulemaking Authority 624.439, 624.4431 FS. Law Implemented 624.438, 624.439 FS. History–New 7-28-94, Formerly 4-192.008, Amended 9-28-22, 1-4-24, Formerly 69O-192.008. Amended, ____.

     

    69O-136.042 Continuing Care Contracts.

    (1) Application for Certificate of Authority.

    (a) An application for a person applying for a certificate of authority for a continuing care provider consists of the following if applicable:

    1. Form OIR-C1-473, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority for a Continuing Care Provider,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16309;

    2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.; “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14451;

    4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    15. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) A person applying for a certificate of authority as a continuing care provider shall submit forms in paragraph (1)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

    (2) Application for Provisional Certificate of Authority.

    (a) An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following if applicable:

    1. Form OIR-C1-471, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Provisional Certificate of Authority for a Continuing Care Provider,” effective 7/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16310;

    2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;

    3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;

    4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;

    5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and

    6. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    15. 6. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.

    (b) A person applying for a provisional certificate of authority as a continuing care provider shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

    (3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority.

    (a) A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following if applicable:

    1. Form OIR-C1-2220, incorporated by reference in Rule 69O-136.100, F.A.C. “Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16311;

    2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;

    3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;

    4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;

    5. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and

    6. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    15. 6. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.

    (b) A person filing a consolidated application for provisional certificate of authority and certificate of authority for a continuing care provider shall submit forms in paragraph (3)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

    (4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider.

    (a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following if applicable:

    1. Form OIR-C1-2219, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16312;

    2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;

    3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;

    4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;

    5. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100; and

    6. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100;

    7. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    15. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) A person applying for simultaneous acquisition of a continuing care facility and issuance of a certificate of authority shall submit forms in paragraph (4)(a) as directed by the Office electronically at https://www.floir.com/iportal.

    (c) Disclaimer of Control

    1. A person may attempt to rebut a presumption of control pursuant to Section 651.0245, F.S., by electronically filing at https://www.floir.com/iportal one of the following forms, which may be obtained from https://www.floir.com/iportal, with the Office:

    a. Form OIR-C1-1467, incorporated by reference in Rule 69O-136.100;

    b. Form OIR-C1-1468, incorporated by reference in Rule 69O-136.100;

    c. Form OIR-C1-2211, incorporated by reference in Rule 69O-136.100.

    2. A person may attempt to rebut a presumption of control pursuant to section 651.0245, F.S., by filing a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act of 1934, as amended, to the Office electronically at https://www.floir.com/iportal.

    3. Pursuant to Section 651.0245(6), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to subparagraphs (4)(c)1. and (4)(c)2.

    (5) Application for Expansion.

    (a) An application for a person applying for expansion of a certificated continuing care facility consists of the following if applicable:

    1. Form OIR-C1-2218, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Expansion of a Certificated Continuing Care Facility,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16313;

    2. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;

    3. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;

    4. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100;

    5. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    5. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.

    (b) A person applying for expansion of a certificated continuing care facility shall submit forms in paragraph (5)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

    (6) Manager or Management Company.

    (a) To comply with the filing requirements of Section 651.043(2), F.S., for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following if applicable:

    1. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;

    2. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; and

    3. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100.;

    4. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    13. 4. A copy of the written management contract, if applicable.

    (b) The documents in paragraph (6)(a) shall be submitted to the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://floir.com/iportal.

     

    Rulemaking Authority 651.015(3), 651.021(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1), 651.043 FS. Law Implemented 651.0215, 651.022, 651.023, 651.024, 651.0245, 651.0246 FS. History–New 7-16-92, Formerly 4-193.003, Amended 3-12-20, 7-21-22, 1-17-24, Formerly 69O-193.003. Amended, ____.

     

    69O-136.043 Prepaid Health Clinics.

    (1) An application for a person applying for a certificate of authority as a prepaid health clinic consists of the following if applicable:

    (a) Form OIR-C1-483, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority Prepaid Health Clinic,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16247;

    (b) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.

    (e) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (l) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (m) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) A person applying for a certificate of authority as a prepaid health clinic shall submit forms in subsection (1) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

     

    Rulemaking Authority 641.403, 641.405(2) FS. Law Implemented 641.405, 641.406, 641.407, 641.409, 641.412, 641.42, 641427, 641.43, 641.441 FS. History–New 5-9-85, Formerly 4-69.03, 4-69.003, 4-194.003, Amended 9-28-22, 1-4-24, Formerly 69O-194.003. Amended, ____.

     

    69O-136.044 Insurance Administrators.

    (1) A person applying for a Certificate of Authority to operate as an insurance administrator, including an applicant seeking to register as a pharmacy benefit manager, shall submit the following if applicable:

    (a) Form OIR-C1-1075, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority of an Insurance Administrator,” effective 7/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16047;

    (b) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (e) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (l) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (m) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (n) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) A person applying for a certificate of authority as an insurance administrator, including an applicant seeking to register as a pharmacy benefit manager, shall submit forms listed in subsection (1) as directed by the Office electronically at https://www.floir.com/iportal.

     

    Rulemaking Authority 624.308(1), 624.490, 626.8805(2), 626.8991 FS. Law Implemented 624.490, 626.8805 FS. History – New 12-19-23, Formerly 69O-197.001. Amended, ____.

     

    69O-136.045 Donor Annuity Organizations.

    (1) Any person engaging in the business of issuing donor annuity agreements must submit Form OIR-C1-1208, incorporated by reference in Rule 69O-136.100, F.A.C., to the Office electronically at https://www.floir.com/iportal on the date on which the person enters into the first of these annuity agreements. Form OIR-C1-1208, “Notification to the Office of Insurance Regulation as a Qualifying Issuer of Donor Annuity Agreements Pursuant to section 627.481, F.S.,” effective 6/20, is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14417. The form may be obtained from https://www.floir.com/iportal.

    (2) Any person subject to section 627.481, F.S., that fails to submit the required notification form is subject to penalty as provided in section 626.9521, F.S.

     

    Rulemaking Authority 624.308(1), 627.481(11) FS. Law Implemented 624.307(1), 627.481 FS. History–New 6-23-92, Amended 1-7-97, 12-24-03, Formerly 4-202.008, Amended 7-21-22, Formerly 69O-202.008. Amended, ____.

     

    69O-136.046 Prepaid Limited Health Service Organizations.

    (1) A person applying for a certificate of authority as a prepaid limited service organization shall submit the following if applicable:

    (a) Form OIR-C1-1119, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority Prepaid Limited Health Service Organization,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16241;

    (b) Form OIR-C1-905, “incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-938 incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (e) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (l) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (m) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) A person shall submit the forms listed in subsection (1) electronically via the Office’s iApply system at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

     

    Rulemaking Authority 636.067 FS. Law Implemented 636.005, 636.007, 636.008, 636.009 FS. History–New 11-15-94, Formerly 4-203.020, Amended 9-29-22, 1-4-24, Formerly 69O-203.020. Amended, ____.

     

    69O-136.047 Discount Plan Organizations.

    (1) A person applying for a certificate of authority as a discount plan organization shall submit the following if applicable:

    (a) Form OIR-C1-1606, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Discount Plan Organization (DPO),” effective 5/22, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16242;

    (b) Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (e) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (l) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (m) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (n) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    (o) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) A person shall submit the forms listed in subsection (1) electronically via the Office’s iApply system at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.

     

    Rulemaking Authority 624.424(1)(c), 636.232 FS. Law Implemented 624.424, 636.204, 636.220, 636.226, 636.228, 636.234, 636.236 FS. History–New 5-22-05, Amended 10-29-08, 7-30-17, 4-11-19, 9-29-22, 1-4-24, Formerly 69O-203.210. Amended, ____.

     

    69O-136.050 Premium Finance Companies.

    (1) Application for License as a Premium Finance Company.

    (a) A person applying for a license as a premium finance company shall submit the following if applicable:

    1. Form OIR-C1-958, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Premium Finance Company,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16209;

    2. Form OIR-A3-453, incorporated by reference in Rule 69O-136.100, F.A.C. “Premium Finance Company Surety Bond,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16205;

    3. Form OIR-C1-454, incorporated by reference in Rule 69O-136.100, F.A.C. “Personal Financial Statement,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16207;

    4. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-957, incorporated by reference in Rule 69O-136.100, F.A.C. “Instructions for Statutory Compliance of Forms: Premium Finance Companies,” effective 3/21, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13034;

    7. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    15. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    16. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;

    17. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C. “Management Information Form,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13037; and

    (b) The applicant shall submit the forms listed in paragraph (1)(a) electronically at https://www.floir.com/iportal.

    (2) Annual License Renewal

    (a)1. All premium finance company licenses shall expire on October 1.

    2. Failure to submit the application for renewal before October 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 premium finance company shall submit Form OIR-A3-1563, incorporated by reference in Rule 69O-136.100, F.A.C., “Application for Renewal of License Premium Finance Company,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16211 filed electronically at https://www.floir.com/iportal.

     

    Rulemaking Authority 624.308(1), 627.828(2) FS. Law Implemented 624.321(1)(a), 624.424, 627.828, 627.829 FS. History–New 5-28-90, Formerly 4-18.015, Amended 7-27-95, 8-29-99, Formerly 4-196.015, Amended 7-30-17, 5-24-21, 1-4-24, Formerly 69O-196.015. Amended, ____.

     

    69O-136.051 Service Warranty Associations.

    (1) Application for License as a Service Warranty Association

    (a) An application for a person applying for a license as a service warranty association consists of the following if applicable:

    1. Form OIR-C1-997, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Service Warranty Association,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16314;

    2. Form OIR-A3-455, incorporated by reference in Rule 69O-136.100, F.A.C. “Home or Service Warranty Association Surety Bond,” effective 5/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13040;

    3. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    4. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-995, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. 7. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. 8. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. 9. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. 10. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. 11. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. 12. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. 13. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. 14. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. 15. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    15. 16. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    16. 17. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

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

    (2) License Continuance for Service Warranty Association

    (a)1. A service warranty association’s license shall continue in force as long as the licensee is in compliance with the provisions of Chapter 634, Part III, F.S.

    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 service warranty association shall submit the following:

    1. Form OIR-A3-110, incorporated by reference in Rule 69O-136.100, F.A.C. “License Continuance Form Service Warranty Association,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16315, filed electronically at https://www.floir.com/iportal; and

    2. A fee of $200.00 filed annually in conjunction with the March 1 filing of the annual statement.

    (c) Any licensee who fails to renew a service warranty association license shall immediately cease and desist from engaging in the service warranty business in the state of Florida. The service warranty association shall honor those service warranty contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

    (3) Application for License as a Service Warranty Association Manufacturer or Affiliate.

    (a) An application for a person applying for a license as a service warranty association manufacturer or affiliate consists of the following:

    1. Form OIR-C1-989, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Service Warranty Association Manufacturer or Affiliate,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16316;

    2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    3. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) A person applying for a license as a service warranty association shall submit forms listed in paragraph (3)(a) as directed by the Office electronically at https://www.floir.com/iportal.

    (4) License Continuance for Service Warranty Association Manufacturer or Affiliate

    (a)1. A service warranty association manufacturer or affiliate’s license shall continue in force as long as licensee is in compliance with the provisions of Chapter 634, Part III, F.S.

    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 service warranty association manufacturer or affiliate shall submit the following:

    1. Form OIR-A3-955, incorporated by reference in Rule 69O-136.100, F.A.C. “License Continuance Form Service Warranty Association Manufacturer or Affiliate,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16317, filed electronically at https://www.floir.com/iportal; and

    2. A fee of $500.00 filed annually in conjunction with the March 1 filing of the annual statement.

    (c) Any licensee who fails to renew a service warranty association license shall immediately cease and desist from engaging in the service warranty business in the state of Florida. The service warranty association shall honor those service warranty contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

     

    Rulemaking Authority 634.402 FS. Law Implemented 624.424, 634.407, 634.408, 634.404 FS. History–New 3-28-93, Formerly 4-198.011, Amended 5-25-21, 1-17-24, Formerly 69O-198.011. Amended, ____.

     

    69O-136.052 Home Warranty Associations.

    (1) Application for License as a Home Warranty Association.

    (a) An application for a person applying for a license as a home warranty association consists of the following if applicable:

    1. Form OIR-C1-490, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Home Warranty Association,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16188;

    2. Form OIR-A3-455, incorporated by reference in Rule 69O-136.100, F.A.C. “Home or Service Warranty Association Surety Bond,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13052;

    3. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    4. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-995, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. 7. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. 8. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. 9. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. 10. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. 11. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. 12. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. 13. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. 14. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. 15. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    15. 16. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    16. 17. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) A person applying for a license as a home warranty association shall submit the forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.floir.com/iportal.

    (2) Annual License Renewal.

    (a)1. All home warranty association licenses shall expire on June 1.

    2. Failure to submit the application for continuance by June 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 home warranty association shall submit the following:

    1. Form OIR-A3-1073, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Renewal of License Home Warranty Association,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16189, filed electronically at https://www.floir.com/iportal, and

    2. A fee of $200.00 filed annually in conjunction with the June 1 filing of the Annual Statement.

    (c) Any licensee who fails to renew a home warranty association license shall immediately cease and desist from engaging in the home warranty business in the state of Florida. The home warranty association shall honor those home warranty contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

     

    Rulemaking Authority 634.302 FS. Law Implemented 624.424, 634.304, 634.305, 634.306, 634.307, 624.307, 634.3073, 634.315 FS. History–New 7-16-92, Amended 4-3-94, Formerly 4-199.008, Amended 7-30-17, 5-25-21, 1-4-24, Formerly 69O-199.008. Amended, ____.

     

    69O-136.053 Motor Vehicle Service Agreement Companies.

    (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 if applicable:

    1. Form OIR-C1-994, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Motor Vehicle Service Agreement Company,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16226;

    2. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    3. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    4. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-995, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. 6. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. 7. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. 8. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. 9. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. 10. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. 11. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. 12. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. 13. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. 14. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. 15. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    15. 16. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (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. The forms may be obtained from 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, F.S.

    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, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Continuance Motor Vehicle Service Agreement Company,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16225, filed electronically at https://www.floir.com/iportal. The form may be obtained from 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, 9-28-22, 1-16-24, Formerly 69O-200.004. Amended, ____.

     

    69O-136.054 Legal Expense Insurance Corporations.

    (1) Application for Certificate of Authority as a Legal Expense Insurance Corporation.

    (a) An application for a person applying for a certificate of authority as a legal expense insurance corporation consists of the following if applicable:

    1. Form OIR-C1-480, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for Certificate of Authority Legal Expense Insurance,” effective 07/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16224;

    2. Form OIR-A3-478, incorporated by reference in Rule 69O-136.100, F.A.C. “Legal Expense Insurance Corporation Surety Bond,” effective 07/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16220;

    3. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    4. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    5. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    6. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    7. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    8. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    9. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    10. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    11. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    12. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    13. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    14. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.; and

    15. Form OIR-C1-2221 incorporated by reference in Rule 69O-136.100, F.A.C.;

    (b) A person applying for a certificate of authority as a legal expense insurance corporation shall submit forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.floir.com/iportal.

    (2) Annual Renewal

    (a)1. A legal expense insurance corporation’s certificate of authority shall continue in force as long as the legal expense insurance corporation is in compliance with the provisions of Chapter 642, F.S.

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

    (b) The qualified certificate of authority holder seeking to continue operating as a legal expense insurance corporation shall submit Form OIR-A3-1077, incorporated by reference in Rule 69O-136.100, F.A.C. “Application for License Continuance Legal Expense Insurance,” effective 07/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16223, at https://www.floir.com/iportal; and

    (c) The legal expense insurance corporation shall honor those contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

     

    Rulemaking Authority 624.308(1), 642.021(2) FS. Law Implemented 624.404, 642.019, 642.021, 642.032 FS. History–New 6-23-92, Formerly 4-201.008, Amended 5-25-21, 1-4-24, Formerly 69O-201.008. Amended, ____.

     

    69O-136.070 Merger or Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer

    (1) Any person acquiring the attorney-in-fact of a domestic reciprocal insurer pursuant to Section 629.225, F.S., shall comply with the instructions contained on Form OIR-C1-150, incorporated by reference in Rule 69O-136.100, F.A.C. and shall also comply with directions, or otherwise submit, the following applicable forms:

    (a) Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (b) Form OIR-C1-152, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (e) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (f) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (g) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (h) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (i) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (j) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (k) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (l) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (m) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;

    (n) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and,

    (o) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

    (p) In addition, prior to a final decision on whether to approve the proposed acquisition, the Office shall request such other information as is necessary, depending on the facts and circumstances of the specific persons and entities involved, pursuant to Section 629.225(3), F.S., to determine the character, experience, ability, and other qualifications required by statute, of the person or affiliated person of such person for the protection of the policyholders and shareholders of the insurer and the public. The Office shall make no final decision on any proposed acquisition without complete information, as required by Section 629.225, F.S.

    (2) All the forms listed in subsection (1) may be obtained from the Office's website at http://www.floir.com and shall be submitted electronically via the Office's iApply system at https://www.floir.com/iportal.

    (5) A retaliatory application fee shall be submitted pursuant to Section 624.5091, F.S. The retaliatory fee is the greater of:

    (a) The amount that the applicant's domiciliary state or country would charge a Florida domestic insurer making application in the applicant's state or country of domicile; or

    (b) The Florida application fee pursuant to Section 624.501(1)(a), F.S.

    (6) Disclaimer of Control

    (a) A person may attempt to rebut a presumption of control pursuant to Section 629.225(11), F.S., by electronically filing via the Office's iApply system at https://www.floir.com/iportal one of the following forms with the Office:

    1. Form OIR-C1-1467, incorporated by reference in Rule 69O-136.100, F.A.C.;

    2. Form OIR-C1-1468, incorporated by reference in Rule 69O-136.100, F.A.C.;

    3. Form OIR-C1-2211, incorporated by reference in Rule 69O-136.100, F.A.C.

    (b) A person may attempt to rebut a presumption of control pursuant to Section 629.225(11), F.S., by filing a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act of 1934, as amended, to the Office electronically via the Office's iApply system at https://www.floir.com/iportal.

    (c) Pursuant to Section 629.225(11), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to paragraphs (a) and (b).

     

    Rulemaking Authority 624.308(1),629.225(1)(a)1, (11), 629.291(1), 629.525 FS. Law Implemented 629.225, 629.227, 629.291 FS. History–New _____.

     

    69O-136.075 Merger or Conversion of a Reciprocal Insurer

    (1) A reciprocal insurer may merge with another reciprocal insurer or be converted to a stock or mutual insurer, by filing Form OIR-C1-153 incorporated by reference in Rule 69O-136.100, F.A.C.

    (2) A retaliatory application fee shall be submitted pursuant to Section 624.5091, F.S. The retaliatory fee is the greater of:

    (a) The amount that the applicant’s domiciliary state or country would charge a Florida domestic insurer making application in the applicant’s state or country of domicile; or

    (b) The Florida application fee pursuant to section 624.501(1)(a), F.S.

     

    Rulemaking Authority 624.308(1), 629.525, F.S. Law Implemented 624.501, 624.5091, 629.291, F.S. History – New _____.

     

     

    69O-136.100 Forms Incorporated by Reference.

    (1) The forms in subsection (2) of this rule are available and may be printed from the Office of Insurance Regulation’s website: https://www.floir.com/iportal, and are hereby incorporated by reference.

    (2)(a) Forms OIR-A3

    1. Form OIR-A3-110, “License Continuance Form Service Warranty Association,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16737;

    2. Form OIR-A3-453, “Premium Finance Company Surety Bond,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16738;

    3. Form OIR-A3-455, “Home or Service Warranty Association Surety Bond,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16739 ;

    4. Form OIR-A3-467 LR, “Application for License Continuance Motor Vehicle Service Agreement Company,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16740 ;

    5. Form OIR-A3-478, “Legal Expense Insurance Corporation Surety Bond,” effective 04/24, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16741;

    6. Form OIR-A3-955, “License Continuance Form Service Warranty Association Manufacturer or Affiliate,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16742;

    7. Form OIR-A3-1073, “Application for Renewal of License Home Warranty Association,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16743;

    8. Form OIR-A3-1077, “Application for License Continuance Legal Expense Insurance,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16744; and

    9. Form OIR-A3-1563, “Application for Renewal of License Premium Finance Company,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16745.

    (b) Form OIR-B1-PCR3, “Filing requirements Advisory Organization,” effective 7/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16192, electronically at https://www.floir.com/iportal.

    (c) (b) Form OIR-B2-1093, “Small Employer Carrier’s Application to Become a Risk Assuming Carrier or a Reinsuring Carrier, as Required by Section 627.6699(9), Florida Statutes,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16193.

    (d) (c) Forms OIR-C1

    1. Form OIR-C1-0500, “UCAA Biographical Affidavit Addendum Blank,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16194;

    2. Form OIR-C1-0501, “UCAA Biographical Affidavit Addendum Education,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16195;

    3. Form OIR-C1-0502, “UCAA Biographical Affidavit Addendum Employment,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16196;

    4. Form OIR-C1-0503, “UCAA Biographical Affidavit Addendum General,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16197;

    5. Form OIR-C1-0504, “UCAA Biographical Affidavit Addendum Licenses,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16198;

    6. Form OIR-C1-0505, “UCAA Biographical Affidavit Addendum Professional,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16199;

    7. Form OIR-C1-0506, “UCAA Biographical Affidavit Addendum Residence,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16200;

    8. Form OIR-C1-0507, “UCAA Biographical Affidavit Addendum Societies,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16201;

    9. Form OIR-C1-0508, “Uniform Certificate of Authority Application (UCAA) Affidavit of Lost Certificate of Authority,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16202;

    10. Form OIR-C1-0509, “Uniform Certificate of Authority Application (UCAA) Biographical Affidavit Cover Letter Holding Company Structure,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16203;

    11. Form OIR-C1-0510, “Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Application to Amend Certificate of Authority,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16206;

    12. Form OIR-C1-0511, “Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Checklist for Corporate Amendments Application Only,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16208;

    13. Form OIR-C1-0512, “Uniform Certificate of Authority Application Questionnaire for Adding or Deleting Lines of Business to an Existing Certificate of Authority,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16210;

    14. Form OIR-C1-0520, “Uniform Certificate of Authority Application (UCAA) Primary Application Checklist for Primary Application Only” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16212;

    15. Form OIR-C1-0521, “Uniform Certificate of Authority Application (UCAA) Primary Application” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16213;

    16. Form OIR-C1-0522, “Uniform Certificate of Application (UCAA) Change of Mailing Address/Contact Notification Form,” effective 7/23, http://www.flrules.org/Gateway/reference.asp?No=Ref-16214;

    17. Form OIR-C1-144, “Service of Process Consent & Agreement,” effective 6/04, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14435;

    18. Form OIR-C1-150, “Application for the Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer,” effective 4/24, https://www.flrules.org/Gateway/reference.asp?No=Ref-16768;

    19. Form OIR-C1-151, “Application for Certificate of Authority Domestic Reciprocal Insurer,” effective 4/24, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16769;

    20. Form OIR-C1-152, “Letter of Notification Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer,” effective 4/24, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16770;

    21. Form OIR-C1-153, “Application for Merger or Conversion Reciprocal Insurer,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16771;

    22. 18. Form OIR-C1-448, “Application for Acquisition of Controlling Stock, Ownership Interest, Assets, or Control of a Florida Specialty Insurer; Merger or Consolidation,” effective 7/21, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14436;

    23. Form OIR-C1-454, “Personal Financial Statement,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16746;

    24. Form OIR-C1-471, “Application for Provisional Certificate of Authority for a Continuing Care Provider,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16762;

    25. Form OIR-C1-473, “Application for Certificate of Authority for a Continuing Care Provider,” effective 04/24, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16763;

    26. Form OIR-C1-480, “Application for Certificate of Authority Legal Expense Insurance,” effective 04/24, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16747;

    27. Form OIR-C1-483, “Application for Certificate of Authority Prepaid Health Clinic,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16764;

    28. Form OIR-C1-490, “Application for License Home Warranty Association,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16748;

    29. 19. Form OIR-C1-513, “Application for Registration as a Risk Retention Group,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16216;

    30.  20. Form OIR-C1-515, “Application for Registration as a Risk Purchasing Group,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16217;

    31. 21. Form OIR-C1-845, “Application for Certificate of Authority Commercial Self-Insurance Fund,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16227;

    32. 22. Form OIR-C1-905, “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14437;

    33. 23. Form OIR-C1-908, “Application for Permit Domestic Reciprocal Insurer,” effective 4/24 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16228;

    34. 24. Form OIR-C1-916, “Application for Eligibility as a Surplus Lines Insurer,” effective 7/23, available at www. http://www.flrules.org/Gateway/reference.asp?No=Ref-16229;

    35. 25. Form OIR-C1-918, “Application for Acquisition of Controlling Stock of a Florida Domestic Insurer,” effective 7/21, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14438;

    36. 26. Form OIR-C1-938, “Fingerprint Payment and Submission Procedure,” effective 6/20, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14439;

    37. Form OIR-C1-942, “Application for Certificate of Authority Health Maintenance Organization,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16749;

    38. Form OIR-C1-957, “Instructions for Statutory Compliance of Forms: Premium Finance Companies,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16750;

    39. Form OIR-C1-958, “Application for License Premium Finance Company,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16751;

    40. Form OIR-C1-983, “Application for Certificate of Authority Multiple Employer Welfare Arrangement,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16752;

    41. Form OIR-C1-989, “Application for License Service Warranty Association Manufacturer or Affiliate,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16753;

    42. Form OIR-C1-994, “Application for License Motor Vehicle Service Agreement Company,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16754;

    43. Form OIR-C1-997, “Application for License Service Warranty Association,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16755;

    44. Form OIR-C1-1075, “Application for Certificate of Authority of an Insurance Administrator,” effective 7/23, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16756;

    45. Form OIR-C1-1119, “Application for Certificate of Authority Prepaid Limited Health Service Organization,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16757;

    46. Form OIR-C1-1208, “Notification to the Office of Insurance Regulation as a Qualifying Issuer of Donor Annuity Agreements Pursuant to section 627.481, F.S.,” effective 04/24, is hereby incorporated by reference and available at https://www.flrules.org/XXXXXX.

    47. 27. Form OIR-C1-1413, “Uniform Certificate of Authority Application (UCAA) Expansion Application,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16230;

    48. 28. Form OIR-C1-1414, “Uniform Certificate of Authority Application (UCAA) Expansion Application Checklist For Expansion Application Only,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16231;

    49. 29. Form OIR-C1-1416, “Uniform Certificate of Authority Application (UCAA) Lines of Insurance,” effective 1/20, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16232;

    50. 30. Form OIR-C1-1422, “Uniform Certificate of Authority Application Questionnaire,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16233;

    51. 31. Form OIR-C1-1423, “Uniform Certificate of Authority Application (UCAA) Biographical Affidavit,” effective 12/20, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14441

    52. 32. Form OIR-C1-1424, “Uniform Certificate of Authority Application,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16234;

    53. 33. Form OIR-C1-1467, “Disclaimer of Control - Individual,” effective 7/21, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14442

    54. 34. Form OIR-C1-1468, “Disclaimer of Control - Entity,” effective 7/21, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14443;

    55. 35. Form OIR-C1-1522, “Primary Application Florida Specific Information,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16235;

    56. 36. Form OIR-C1-1524, “Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process,” effective 12/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14444;

    57. Form OIR-C1-1606, “Application for License Discount Plan Organization (DPO),” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16759;

    58. 37. Form OIR-C1-1654, “Determination of Eligibility to Operate as an Alien Insurer in Florida Pursuant to Section 624.402(9), Florida Statutes,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16236;

    59. 38. Form OIR-C1-2069, “Letter of Notification,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16237;

    60. 39. Form OIR-C1-2176, “Letter of Notification/Registration to Operate as a Non-US Based (Alien) Insurer (also referred to as “Offshore Insurer”) in Florida Pursuant to Section 624.402(8), Florida Statutes,” effective 7/23, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16238;

    61. 40. Form OIR-C1-2211, “Disclaimer of Control – Investment Companies,” effective 7/21, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14445;

    62. Form OIR-C1-2218, “Application for Expansion of a Certificated Continuing Care Facility,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16765;

    63. Form OIR-C1-2219, “Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16766;

    64. Form OIR-C1-2220, “Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider,” effective 04/24, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16767;

    65. 41. Form OIR-C1-2221, “Management Information Form,” effective 6/20, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14446;

    66. 42. Form OIR-C1-PCR1, “Application for License Rating Organization,” effective 7/23, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16239; and

    67. 43. Form OIR-C1-PCR2, “License Renewal Rating Organization,” effective 7/23, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16760 http://www.flrules.org/Gateway/reference.asp?No=Ref-16239, filed electronically at https://www.floir.com/iportal.

    (e) (d) Forms OIR-D0

    1. Form OIR-D0-896, “UCAA Proforma Financial Statements, Property and Casualty Insurance Company,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14448;

    2. Form OIR-D0-904, “UCAA Proforma Financial Statements, Life & Health Insurer,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16761 www.flrules.org/14449;

    3. Form OIR-D0-2119, “UCAA Proforma Financial Statements, Title Insurance Company,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14593; and

    4. Form OIR-D0-2165, “UCAA Proforma Financial Statements, Health,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14450.

     

    Rulemaking Authority 624.308(1), 624.413(1), 624.439, 624.4431, 624.490, 626.8805(2), 626.8991, 627.481(11), 627.6699, 627.828(2), 628.461(13), 628.4615(15), 628.535, 629.091(2), 629.225(1)(a)1., (11), 629.227(1), 629.291(1), (2), 629.525, 634.021, 634.061(1), (2)(c), 634.302, 634.402, 636.067, 636.232, 641.36, 641.403, 641.405(2), 642.021(2), 651.015(3), 651.021(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1), 651.043 FS.  Law Implemented 624.307(1) 624.321, 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.424(6), 624.438, 624.439, 624.490, 624.501, 624.5091, 626.8805, 627.669, 626.7451(11). 626.9928, 627.481, 627.828, 627.829628.051 628.451, 628.461, 628.4615, 628.471, 628.801, 629.081, 629.091, 629.225, 629.227, 629.291, 634.041, 634.252, 634.304, 634.305, 634.306, 634.307, 634.3073, 634.315, 634.404, 634.407, 634.408, 634.4085, 636.065, 636.005, 636.007, 636.008, 636.009, 636.204, 636.220, 636.226, 636.228, 636.234, 636.236, 641.21, 641.22, 641.227, 641.29(1), 641.255, 641.405, 641.406, 641.407, 641.409, 641.412, 641.416, 641.42, 641427, 641.43, 641.441, 642.019, 642.021, 642.032, 651.0215, 651.022, 651.023, 651.024, 651.0245, 651.0246 FS. History–New 7-21-22, Amended 1-7-24, ______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kama Monroe, Assistant General Counsel

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2024

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 15, 2024

Document Information

Comments Open:
6/13/2024
Summary:
Rule 69O-136.006 is amended and Rules 69O-136.070 and 69O-136.075 are created to implement 2024-182, Laws of Florida, regarding changes to Chapter 629 regulating reciprocal insurers. Rules 69O-136.040 - 69O-136.054 are specialty insurers’ applications rules that were transferred to Chapter 69O-136 on April 30, 2024. These rules and Rule 69O-136.100 are amended to incorporate all forms in the chapter into Rule 69O-136.100. Rules 69O-136.006, 69O-136.042, 69O-136.043, 69O-136.051, 69O-...
Purpose:
To implement 2024-182, Laws of Florida, incorporate all forms in Chapter 69O-136, F.A.C., into Rule 69O-136.100, F.A.C., and update the lists of forms required to be submitted with each application.
Rulemaking Authority:
624.308(1), 624.413(1), 624.439, 624.4431, 624.490, 626.8805(2), 626.8991, 627.481(11), 627.6699, 627.828(2), 628.461(13), 628.4615(15), 628.535, 629.091(2), 629.225(1)(a)1., (11), 629.227(1), 629.291(1), (2), 629.525, 634.021, 634.061(1), (2)(c), 634.302, 634.402, 636.067, 636.232, 641.36, 641.403, 641.405(2), 642.021(2), 651.015(3), 651.021(2), 651.022(2), 651.0245(3), (5), (6), 651.0246(1), 651.043 FS.
Law:
624.307(1) 624.321, 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.424(6), 624.438, 624.439, 624.490, 624.501, 624.5091, 626.8805, 627.669, 626.7451(11). 626.9928, 627.481, 627.828, 627.829, 628.051 628.451, 628.461, 628.4615, 628.471, 628.801, 629.081, 629.091, 629.225, 629.227, 629.291, 634.041, 634.252, 634.304, 634.305, 634.306, 634.307, 634.3073, 634.315, 634.404, 634.407, 634.408, 634.4085, 636.065, 636.005, 636.007, 636.008, 636.009,...
Related Rules: (15)
69O-136.006. Domestic Insurers Filing for an Application for Permit
69O-136.040. Health Maintenance Organizations
69O-136.041. Multiple-Employer Welfare Arrangements
69O-136.042. Continuing Care Contracts
69O-136.043. Prepaid Health Clinics
More ...