The purpose of the proposed amendments is to update and clarify the continuing education rules in Chapter 69B-228, F.A.C.

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agent and Agency Services

RULE NOS.:RULE TITLES:

69B-228.010Purpose

69B-228.020Scope

69B-228.030Definitions

69B-228.040Course Providers

69B-228.050School Officials

69B-228.060Instructors and Supervising Instructors

69B-228.080Course Approval; Requirements; Guidelines

69B-228.090Course Offerings and Attendance Records

69B-228.100Certification of Students

69B-228.110Textbooks

69B-228.120Course Fees

69B-228.130Facilities

69B-228.150Advertising

69B-228.160Prohibited Practices

69B-228.180Forms

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

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

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

69B-228.230Extensions

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

69B-228.250Exempted Licensees

69B-228.260Timeline for Submissions

69B-228.270Course Audits

69B-228.280Duration of Suspension or Revocation; Effect of Suspension or Revocation upon Associated Authorizations

PURPOSE AND EFFECT: The purpose of the proposed amendments is to update and clarify the continuing education rules in Chapter 69B-228, F.A.C.

SUMMARY: Rule 69B-228.030, F.A.C., provides updated definitions. Rule 69B-228.040, F.A.C., sets forth the requirements for a course provider. Rule 69B-228.050, F.A.C., sets forth the requirements for a school official or a supervising instructor for bail bond agent courses. Rule 69B-228.060, F.A.C., sets forth the requirements for a course instructor or guest lecturer. Rule 69B-228.080, F.A.C., sets forth the requirements for different types of continuing education courses. Rule 69B-228.090, F.A.C., contains requirements for course offerings and attendance records are being deleted from the title. Rule 69B-228.100, F.A.C., requires providers to submit an Attendance Roster Detail form and to issue a Certificate of Completion form to students. Rule 69B-228.150, F.A.C., contains requirements and guidelines for advertisements. Rule 69B-228.160, F.A.C., specifies prohibited practices for providers, school officials, supervising instructors, instructors, and any personnel under their purview. Rule 69B-228.180, F.A.C., requires all applications and other forms to be submitted through the Department’s website, repeals six forms, and updates the remaining forms. Rule 69B-228.210, F.A.C., sets forth the grounds for disapproval, suspension or revocation of approval of a provider, school official, supervising instructor or instructor. Rule 69B-228.220, F.A.C., sets forth requirements for licensee compliance and penalties for non-compliance. Rule 69B-228.230, F.A.C., provides for an extension of time to complete continuing education requirements. Rule 69B-228.250, F.A.C., exempts certain licensees from the continuing education requirements. Proposed Rule 69B-228.260, F.A.C., requires applications to be completed within 60 days of submission. Proposed Rule 69B-228.270, F.A.C., provides that the Department shall audit courses and provider records with or without notice to the provider. Proposed Rule 69B-228.280, F.A.C., sets forth the duration of a suspension or revocation and the effect of a suspension or revocation on associated authorizations. Rules 69B-228.110, .120, .130, .190, and .240, F.A.C., are 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: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 624.308, 626.2816, 648.26(1)(a), 648.386(4), FS.

LAW IMPLEMENTED: 624.307(1), 626.2815, 626.2816, 626.869, 626.9541(1)(b), 648.385, 648.386, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 29, 2016, 2:00 p.m.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Heather Cleary, telephone: (850)413-5355, email: Heather.Cleary@myfloridacfo.com.. 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: Heather Cleary, Bureau of Licensing, address: 200 E. Gaines Street, Tallahassee, FL 32399-0319, telephone: (850)413-5355, email: Heather.Cleary@myfloridacfo.com

THE FULL TEXT OF THE PROPOSED RULE IS:

69B-228.010 Purpose.

The purpose of this rule chapter is to establish requirements and standards for all continuing education courses, providers of continuing education courses, and records for all persons licensed to transact business or adjust claims in insurance or act as a limited surety or bail bond agent in this state.:

(1) Licensed to solicit or sell insurance or act as limited surety or bail bond agents in this state;

(2) Licensed to adjust insurance claims in this state; and

(3) Authorized to offer or teach related coursework in this state.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 626.2815, 626.2816, 626.2816(2), 626.869(5), 648.385, 648.386 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.010, Amended 1-17-05, __________.

69B-228.020 Scope.

(1) This rule chapter shall apply to:

(a) All types and classes of agent and customer representative licenses for which an examination is required for licensure pursuant to Chapters 626 and 648, F.S. is required before consideration of any examination exception;

(b) All licensed adjusters;

(b)(d) All course providers, contact persons, instructors, school officials, supervising instructors, and monitors of continuing education courses.

(2) No change.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.2816, 626.869(5), 648.385, 648.386 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.020, Amended 1-17-05, __________.

69B-228.030 Definitions.

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

(1) “Advertising” means the making of a representation in any form in connection with a provider of education or other business in order to promote continuing education credits. Forms of communication include, but are not limited to: television, radio, internet including social media, newspaper, text messaging or other means of instant messaging, email, or other forms of electronic communication.

“Administrative record” means any document relating to:

(a) Course provider approval,

(b) Course approval,

(d) Attendance,

(e) Course completions or credits,

(f) Instructor, or supervising instructor qualifications,

(g) Any other records required to be kept by the Florida Insurance Code, and any rule or order of the Department.

(2) “Approved” or “qualified,” with regard to a course provider, course, supervising instructor, or instructor, means that the Department has determined that the course provider, course, school official, supervising instructor, or instructor, or course offering has met the criteria set forth in Rules 69B-228.040 through 69B-228.090, F.A.C.:

(a) Rules 69B-228.040, 69B-228.050, 69B-228.060, and 69B-228.080, F.A.C., for approval and qualification;

(b) Form DFS-H2-464, Application for Course Provider Approval, rev. 5/97, which is adopted in Rule 69B-228.180, F.A.C.;

(c) Form DFS-H2-1137, Application for School Official Appointment, rev. 7/97 which is adopted in Rule 69B-228.180, F.A.C.;

(d) Form DFS-H2-1269, Application for Supervising Instructor Approval, rev. 2/99 which is adopted in Rule 69B-228.180, F.A.C.; and

(e) Form DFS-H2-398, Certification of Instructor, rev. 6/97, which is adopted in Rule 69B-228.180, F.A.C.

(3) “Assessment” means the process for determining individual learning achievement.

(3)(4) “Audit” means:

(a) Department activity to monitor or evaluate classroom, seminar, webcast, interactive online, and correspondence courses, examination sites, administrative offices, and provider and licensee records. the offering of courses, not excluding visits to:

1. Classrooms,

2. Exam sites, and

3. Administrative offices where administrative records are maintained; or

(b)1. Re-evaluating approved classroom course outlines and self-study programs based on current guidelines;

2. Review and verification of all applications, courses, outlines, texts and forms for accuracy of information submitted and conformance to rules and statutes.

(5)(a) “Class” means the study method of a course designed to be presented to a group of licensees using lecture, video or other audio-visual presentation method which has an approved instructor, or supervising instructor.

(b) A course with a “class” study method may have an infinite number of offerings. Each offering shall not exceed 12 months between the beginning and ending date.

(4) “Blended course” means a course that consists of a combination of the classroom, self-study correspondence or self-study online study methods.

(5) “Classroom course” means a course that is designed to be presented to a group of students by a live instructor using lecture, video, webcast, virtual or other audio-video presentation.

(6) “Completion,” when used in the context of:

(a) Correspondence course, Self-study, means a passing grade of 70 percent or better on the final a monitored examination.

(b) Classroom course, means attendance for the full amount of time approved for each course “Interactive On-line” means achievement of 70% or better on an internal testing program administered by computer on line or via the internet and that is certified by the provider to the Department with each application for course approval.

(c)(d) Seminar, means attendance for the full amount of time assigned for each workshop or break-out session selected, not to exceed the total hours approved for the course.

(7) “Compliance date” means the last day of the licensee’s birth month, after holding any license for which continuing education is required for 24 consecutive months a license for which continuing education is required.

(8) “Correspondence course” means a self-study course designed to be presented to students through physical documents or other media.

(8) “Contact person” means the person at the course provider level who:

(a) Has authority to transact business for the course provider through contracts, licenses, or other means;

(b) Is an owner, partner, corporate officer, or association board member or officer;

(d) Is designated to the Department on Form DFS-H2-464, Application for Course Provider Approval, rev. 5/97, which is adopted in Rule 69B-228.180, F.A.C.

(9) “Course” means an education program or training program that is designed to meet the continuing education requirement for licensure. shall mean any of the following which have been approved by the Department for the purpose of complying with continuing education requirements:

(a) Any class or seminar for:

1. Agents,

2. Customer representatives,

3. Adjusters,

4. Limited surety agents, or

5. Professional bail bond agents.

(b) Any self-study program for:

1. Agents and customer representatives,

2. Limited surety agents,

3. Professional bail bond agents, or

4. Adjusters.

(10) “Course authority” means a category of content assigned to a course.

(11)(10) “Course Offering” means a unique offering of an approved classroom or seminar course, or a monitored exam of a self-study course, which includes a specific location, date(s), and time for the course or exam to be held; or a location, time and frequency of a monitored exam.

(11) “Course Provider” means a natural person, firm, institution of higher learning, partnership, company, corporation, society, or association offering, sponsoring, or providing courses approved by the Department in eligible continuing education subjects.

(12) “Credit hour” means a minimum of 50 minutes of classroom instruction or, for self-study courses, 50 minutes of time that is determined by the Department to be necessary to study text material in order to successfully complete the final examination one unit of credit based on a classroom hour or approved hour of credit for a seminar or self-study program.

(13) “Day” means a calendar day inclusive of weekends and holidays.

(13) “Department” means the Florida Department of Financial Services or its designees.

(14) “Education Database” means the Department’s online system for activity relating to approval of providers, school officials, courses, course offerings, instructors, and the filing of rosters and other information relating to continuing education courses required by rule or statute to be filed with the Department. The Education Database is accessed at http://www.myfloridacfo.com/division/agents.

(14) “Disciplinary action” means administrative action pursuant to regulatory laws which has been taken against an individual or course provider as a licensee or approved course provider, instructor, supervising instructor, or school official for which:

(a) Probation, suspension, or revocation of any license (issued by this or any other state, country, or territory), approved status or other authority granted by regulatory laws has occurred; or

(b) A fine has been levied for a wrongdoing against a consumer, fellow licensee, or insurer.

(15) “Guest lecturer” or “speaker” means a natural person, not employed by the provider, who speaks at an approved seminar and whose resume is furnished by the course provider with the course application.

(15) “Dually licensed” means holding concurrently at least one license type and class in life or health line of business, and at least one license type and class in property or casualty line of business.

(16) “In-house” means courses or services available only to employees of an entity or for members of an association.

(16) “Evaluation” means a process of measuring success of courses or programs or the elements of courses and programs such as instruction, learning materials, and administration.

(17) “Formal program of learning” means:

(a)1. A structured class with an instructor and detailed outline, or

2. A self-study course with text and structured lesson plans or study guide and exam.

3. Self-study may include videos or cassette tapes.

(b) Formal program of learning does not mean:

1. A discussion group with or without a leader; or

2. A general review outline for an examination.

(18) “Geographic Area” means one of two areas within which bail bond pre-licensing courses or continuing education courses are offered.

(19)(a) “Hour” means 60 minutes of class or seminar time, of which at least 50 minutes shall be instruction, with a maximum of 10 minutes of break per hour, all of which shall be accounted for on the agenda or syllabus.

(b) For self-study courses, “hour” means 50 minutes of time that is determined by the Department to be necessary to study text material in order to successfully complete the monitored final examination or on-line internal testing.

(17)(20) “Incomplete application” or “incomplete form” means an application that contains errors, or omissions, or that requires additional or clarifying information or documentation, or is not submitted in accordance with the submission procedures in Rule 69B-228.180, F.A.C., as required by Rules 69B-228.040, 69B-228.050, 69B-228.060, 69B-228.080, and 69B-228.090, F.A.C.

(21) “In-house”, means an approved insurance continuing education course that is available only for employees of a course provider or for members of an association, or for which eligibility for registration requires affiliation with the course provider.

(18)(22) “Instructor” means an individual registered with the Department who teaches an approved course or training program. Instructor includes supervising instructors for bail bond agent courses a natural person who has been approved by the Department and who teaches or otherwise instructs an approved continuing education classroom course or program.

(19)(23) “Insurance Association” means an organization that is involved in the insurance industry and meets the following criteria:

(a) The organization is composed of:

1. Individuals licensed to transact sell insurance or adjust insurance claims (agent or adjuster association);

2. Companies authorized or admitted to transact insurance (company association);

3. Business entities (insurance-related trade association); or

4. Licensed and unlicensed individuals (insurance-related professional society), whether or not incorporated.

(b) The organization has:

1. Officers and a board of directors elected by the membership;

2. By-laws that establish requirements for membership;

3. Meeting schedules;

4. An agenda with an insurance-related purpose; and

5. At least ten actively enrolled members.

(24) “Interactive On-line” means a self-study course that is delivered to and taken by a student through the use of computer based technology with a connection to either a host home-office computer or the internet.

(20) “Live” means broadcast while actually being performed; not taped, filmed, or recorded.

(25) “Monitor group” means a group designated by a course provider in an eligible occupational class, or an organized eligible group of individuals with a central coordinating person, approved by the Department to monitor self-study exams for approved course providers.

(26) “Monitored examination” means an objective measurement of the comprehension of a self-study program through a written or computer based examination unassisted by any person, textbooks, or other material under the supervision of a monitor from an approved monitor group.

(27) “Offering” is a specific time when a course that has been approved for continuing education credit is being held.

(28) “Office management” means:

(a) Office procedures,

(b) Internal activities relating to personnel management such as salary, incentives, annual reviews, office layout, and

(21) “Online course” means a self-study course delivered via the internet or other computer network.

(29) “On-line internal testing” means objective assessment and measurement of the comprehension of an interactive on-line self-study program through examination unassisted by any person, text book, access to on-line study program materials, or other materials during the exam.

(22)(30) “Outline” or “syllabus” means a synopsis or condensed version of a course incorporating the main ideas, and listing the major sections, topics, and sub-topics to be discussed, showing the schedule of how a continuing education course is to be presented, including time allotment to subject matter and including break times by use of Roman numerals and alpha and numeric sub-sections.

(23) “Present” means to appear in person, or by live connection through electronic means.

(24) “Provider” means any individual, partnership, organization, association, corporation, or other entity approved by the Department to conduct continuing education courses.

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

(31) “Printed material” as used in Section 626.2815(4)(j)2., F.S., does not exclude electronic text documents that are readily printable.

(32) “Property and casualty agent” refers to an agent who holds a type and class of licensure that authorizes the licensee to transact property, casualty, surety, or surplus lines insurance.

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

(34) “Sales promotion” means discussion of production levels or target markets or other demographics of a specialized nature in order to promote or effectuate sales.

(35) “Salesmanship” means methods designed to:

(a) Induce a prospect’s decision to buy, or

(b) Increase a licensee’s effectiveness at generating new business, premium volume, or

(27)(36) “School official” means an individual designated as provided in Rule 69B-228.050, F.A.C., by a provider and approved by the Department who is responsible for the acts of the provider, including, but not limited to, the provider’s instructors and speakers and is subject to administrative action pursuant to Rule 69B-228.210, F.A.C. a natural person appointed by an approved course provider for other than bail bond agent courses to be responsible for:

(a) The timely filing of all required Department forms and documentation for courses, except for Form DFS-H2-464, Application for Course Provider Approval, rev. 5/97, which is adopted in Rule 69B-228.180, F.A.C.; and

(b) The maintenance of necessary administrative records including class information, instructor qualification, course completion records, and attendance records.

(c) The school official is appointed on Form DFS-H2-1137, Application for School Official Appointment, rev. 7/97 which is adopted in Rule 69B-228.180, F.A.C.

(37) “Secondary course provider” means:

(a) A course provider that seeks approval in Florida as a provider of self-study courses using texts that:

1. May or may not be approved in Florida, and

2. Are developed and published by another provider of self-study courses whether or not approved in Florida.

(b) It does not include any nationally recognized provider of self-study courses or designation programs.

(28)(38) “Self-study course” is a term used to describe correspondence and online courses. means a course designed to be studied independent of an instructor’s presence through:

(a) Written, audio, or video materials, or

(b) Computer technology, including disks, on-line programs, or internet programs.

(29)(39) “Seminar” means a course designed to be presented to a group of students by a live instructor or guest lecturer using lecture, video, or other audio-visual presentation medium or method.:

(a) Using lecture, video, satellite, or other audio-visual presentation material by individuals with special expertise that has an approved speaker or instructor present during each presentation.

(b) Any number of times within 12 months from the date the seminar is approved by the Department.

(d) Seminar courses are usually identified as conventions, conferences, or annual meetings.

(40) “Speaker” or “Lecturer” means a natural person whose speaking activities are usually national or international in nature with speaking schedules that are spread over a wide geographic area of two states or more and who:

(a) Has special expertise,

(b) Speaks at an approved seminar,

(d) Is a professional lecturer,

(e) Contracts for each offering, and

(f) Whose resume is furnished by the course provider with the course application.

(41) “Supervising Instructor” means a natural person who is:

(a) Approved by the Department,

(b) Appointed or employed by an approved course provider of bail bond agent continuing education courses, and

1. Certification to the supervising instructor of each attending bail bond agent;

2. Assuring that the course is approved prior to instruction;

3. Instruction of courses; and

4. Collection and transfer of course completion and attendance records to the supervising instructor.

(42) “Syllabus” means an agenda showing the schedule of how a continuing education course is to be presented, including time allotment to subject matter and including any meals and break times.

(43) “Title agent” refers to an agent who holds a type and class of licensure that authorizes them to:

(a) Determine insurability of title, and

(b) Issue title insurance.

(44) “Trade Association” means an association whose membership consists of legal business entities rather than individual persons as members.

(45) “Video” means VHS, Beta, 8 mm, or other film or television presentations of material.

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

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

Rulemaking Authority 624.308, 626.2816(2), (3), 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 626.2815, 626.2816, 626.869(5), 648.385, 648.386(2) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.030, Amended 1-17-05, 8-3-09, __________.

69B-228.040 Course Providers.

(1) Application Procedure. An application for approval and registration to be a provider shall be electronically submitted to the Department on Form DFS-H2-464, Provider Application, which is incorporated by reference in Rule 69B-228.180, F.A.C. Course provider application process.

(a) No course provider shall offer a continuing education course until the course provider has been approved by the Department.

(b) Course provider applications shall be submitted to the Department prior to submission of any course approval application.

(c) Applications for course provider approval shall be submitted on Form DFS-H2-464, Application for Course Provider Approval, rev. 5/97, which is adopted in Rule 69B-228.180, F.A.C.

(2) Course provider approval. A course provider applicant shall be approved unless any of the grounds for disapproval listed in Rule 69B-228.210, F.A.C., below exist. :

(a) A contact person, a school official, or a supervising instructor has plead nolo contendere, plead guilty, been found guilty, or been convicted of a felony under the laws of the United States of America or of any state thereof or under the laws of any country.

(b) Disciplinary action has been taken against a contact person, course provider, officer, or school official employed by or providing services to the course provider.

(d) The course provider, or a contact person, school official, supervising instructor, or course associated therewith, has not otherwise met the qualifications specified in this rule, or has violated any provision of this rule part.

(3) Provider General Rrequirements.

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

1. Maintain the records of each individual completing a course for 5 years from the date of completion including but not limited to the following records:

a. Registration forms.

b. Course fee payments.

c. Sign-in sheets.

d. Other attendance verifications.

e. Monitor affidavits.

f. Records of self-study text purchases from publishers.

g. Exam booklets.

h. Exam score sheets or records.

i. Electronic records relating to the completion of any applicable online, internet, or computer-based course and related testing.

2. Produce on demand a physical copy of the certificates of completion whether maintained in hard copy or in computer records.

3. Be responsible for the compliance of their school officials, supervising instructors, instructors, speakers, and monitors with this rule chapter and the statutes implemented thereby.

4. Notify the Department within 30 days of a change in:

a. The provider, contact person, or school official telephone number,

b. The provider mailing address or administrative office address,

c. The provider name or ownership of the course provider,

d. The name of the school official, using Form DFS-H2-465, Course Provider Information Update, rev. 7/97, which is adopted in Rule 69B-228.180, F.A.C., including related forms and necessary documentation.

5. Provide their complete street address if their mailing address is a post office box.

(b) The provider shall designate a school official who will be responsible for the actions of the provider on Form DFS-H2-464, Provider Application, which is incorporated by reference in Rule 69B-228.180, F.A.C. The provider shall inform the Department of a change in the designated school official within 30 days of the change. The provider must have at least one approved school official designated at all times. The provider shall not allow any individual to act as a school official who has not been approved as such by the Department.

Providers shall not:

1. Hold prep or cram courses prior to a self-study exam or be considered the same as giving assistance during the examination for purposes of this rule.

2. Hold classroom courses on the same subject immediately preceding a self-study exam to the same students who are taking the self-study exam.

(c) Providers shall maintain the records of each individual course offering for 5 years from the end date including, but not limited to: may have a policy of providing a complimentary classroom course for students who fail a monitored exam or interactive on-line testing program.

1. Attendance and completion records for each student.

2. Student identity verification.

3. Resume and other qualification documentation for instructors.

4. Course outline, test, quiz and exam, instructor notes, and other materials used during the offering of the course.

5. Registration material.

6. Records of fees charged to students, payments, or purchases of required textbooks, manuals, or other materials used in the course.

(d) Providers shall certify that course instructors are experienced and qualified in the subject to be taught and meet the qualification requirements of this rule chapter.

(e) Providers shall produce on demand to the Department a physical or electronic copy of any record required to be maintained.

(f) Providers shall submit within 30 days, in accordance with the submission procedures in Rule 69B-228.180, F.A.C., any changes to the following information of the provider or school official: personal or business name, federal tax identification number, ownership, telephone number, mailing address, email address, or administrative office address.

(4) Self-study course providers shall:

(a) Have the same responsibilities for record keeping as any other provider. The course provider shall diligently examine the course completion records to maintain the integrity of the grades reported.

(b) Provide documentation of at least 3 years experience as a provider of educational or training programs, or

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

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

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

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

(d) Apply to be approved as a secondary course provider by complying with the requirements in paragraph 69B-228.080(11)(d), F.A.C., when submitting course applications.

(5) Course providers offering courses for bail bond agents shall:

(a) Provide a minimum of three continuing education course offerings per calendar year;

(b) Submit a course curriculum to the Department for approval;

(d) Offer classes that are taught by an approved supervising instructor; and

(e) Offer classes in at least two geographic areas of the state until the Department determines that there are adequate offerings statewide.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 624.501(20), 626.2815, 626.2816, 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, Amended __________.

69B-228.050 Supervising Instructor for Bail Bond Agent Courses and School Officials.

(1) An initial application for supervising instructor and school official approval and registration is part of the application for provider approval in accordance with Rule 69B-228.040, F.A.C. If a provider wants to appoint a new or additional supervising instructor or school official, the provider shall electronically submit to the Department an application for approval and registration on Form DFS-H2-1137, School Official/Supervising Instructor Application, which is incorporated by reference in Rule 69B-228.180, F.A.C.

(1) A school official of required continuing education courses shall be appointed by an officer of the course provider, using Form DFS-H2-1137, Application For School Official Appointment, rev. 7/97, which is adopted in Rule 69B-228.180, F.A.C.;

(2) The Department shall not approve a supervising instructor or school official if:

(a) The School Official/Supervising Instructor Application form is incomplete.

(b) There has been any disciplinary action taken against any license or eligibility for a license issued by this state or any other state, country or territory.

(c) The school official or supervising instructor has otherwise violated any insurance regulation, including this rule chapter.

(d) The school official or supervising instructor has been found guilty of or has pleaded guilty or nolo contendere to a felony or crime punishable by imprisonment of one year or more under the laws of the United States of America or of any state thereof or under the laws of any country or territory.

(e) The school official or supervising instructor is not in compliance with any continuing education requirements.

(3) A supervising instructor must meet the requirements in paragraph 648.386(4)(b), F.S., to be approved by the Department.

(2) Application for approval of a school official shall be submitted with the initial application for course approval on Form DFS-H2-1137, Application for School Official Appointment, rev. 7/97, which is adopted in Rule 69B-228.180, F.A.C.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 624.501(20)(c), 626.2815, 626.2816, 626.869(5), 648.385, 648.386 648.36 FS. History–New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.050, Amended __________.

69B-228.060 Instructors and Guest Lecturers Supervising Instructors.

(1) An application for registration as a course instructor shall be electronically submitted to the Department by the individual on Form DFS-H2-398, Instructor Application, which is incorporated by reference in Rule 69B-228.180, F.A.C. Continuing Education Courses. Instruction in continuing education courses shall be provided by instructors who possess the following qualifications:

(2) Providers shall certify that course instructors are: registered with the Department; experienced and qualified in the subject matter to be taught; qualified to act as an instructor in accordance with the criteria listed in paragraphs (2)(a), (b) or (c) below; and not disqualified pursuant to paragraph (2)(d) below.

(a) For all continuing education courses except bail bond, a registered instructor must meet at least one of the following requirements: agent, customer representative, and adjuster courses, at least 2 of the following:

1. Have at least 10 years working experience in the subject matter in the last 20 years A minimum of 5 years of substantially full-time working experience in the last ten years in the subject matter being taught.

2. Have at least 200 hours instructing in the subject matter in the last 4 years Completion of a course on training techniques or methods of instructing adults as certified by a nationally-recognized course provider whose purpose is to review, evaluate and rate such courses. Such a course shall be a minimum of 40 hours of instruction.

3. Possess a chartered property and casualty underwriter (CPCU) or chartered life underwriter (CLU) designation A minimum of 40 hours of teaching experience in the last two years.

4. Have a Risk Management Insurance degree A professional designation from a recognized industry association in the line of business of the subject being taught.

5. Be a member of the Florida Bar with 2 years experience litigating in the subject matter; or A degree from an accredited school in the subject matter being taught.

6. Membership in the Florida Bar Association with minimum of 2 years of law practice or counsel in the subject area being taught.

(b) For all continuing education courses except bail bond, a registered instructor must meet at least two of the following requirements:

1. Have at least 5 years working experience in the subject matter in the last 10 years.

2. Have at least 40 hours of instructional experience in the last 4 years.

3. Possess a Bachelors degree or higher in the subject matter.

4. Possess a professional designation recognized by the insurance industry in the subject matter.

(c) (b) For bail bond agent courses, a registered instructor must meet the qualifications set forth in subsection 648.386(4), F.S., subject to the limitations imposed in Rule 69B-228.210, F.A.C.:

1. During the past 10 years, the person must have had At least 5 years’ experience as a manager or officer of a managing general agent in this state as prescribed in Section 648.388, F.S.,

2. During the past 10 years, the person must have had At least 5 years’ experience as a manager or officer of an insurer authorized to and actively engaged in underwriting bail in this state, provided there is a showing that the manager’s or officer’s experience is directly related to the bail bond industry; or

3. The person has been a licensed bail bond agent in this state for at least 10 years.

(2)(a) Certification of the instructor’s experience or education shall be furnished by the sponsoring course provider or the instructor on Form DFS-H2-398, Certification of Instructor, rev. 6/97, which is adopted in Rule 69B-228.180, F.A.C., or on Form DFS-H2-1269, Application for Supervising Instructor Approval, rev. 2/99, which is adopted in Rule 69B-228.180, F.A.C., whichever is applicable.

(b) Certification shall be received by the Department or its designee and approved prior to the beginning of the course.

(c) Individuals may submit Certification of Instructor Forms or Application for supervising Instructor Approval forms independent of any school with only the applying instructor’s signature. If an individual submits a certification form, a resume shall be attached.

(d) A provider shall not authorize an instructor to teach an approved course if: The Department will not approve an instructor or supervising instructor if:

1. The Certification of Instructor Form or Application for Supervising Instructor Approval form is incomplete,

1.2. There has been any disciplinary action taken against any license or eligibility for a license issued by this or any other state, country or territory;

2.3. The instructor or supervising instructor has otherwise violated any insurance regulation, including this rule chapter;

3.4. The instructor or supervising instructor has been found guilty of or has pleaded guilty or nolo contendere to a felony or crime punishable by imprisonment of one year or more under the laws of the United States of America or of any state thereof or under the laws of any country or territory; or

4.5. The instructor or supervising instructor is not in compliance with any applicable continuing education requirements.

5. The instructor is a Department employee.

(3) Providers shall maintain as a part of the providers’ records a written statement from each instructor certifying that the instructor is qualified as an instructor, the basis for qualification, and that the instructor shall comply with all course requirements as outlined in this rule chapter.

(4) Providers shall immediately terminate the qualified status of any instructor at any time before or after being approved as an instructor for any of the following:

(a) The instructor is found not to qualify.

(b) The instructor becomes disqualified pursuant to paragraph (2)(d) above.

(5)(3)(a) The Department shall have the right to review provider existing records of approved instructors and supervising instructors and to terminate the approved status of any instructor or supervising instructor found to have had any disciplinary action taken against any license issued by this or any other state, country, or territory, at any time before or after being approved as an instructor or supervising instructor.

(6)(b) Providers School officials and applicants are responsible for verifying eligibility of instructors or supervising instructors before the course is offered submitting for approval.

(4) The Department shall have the right to review existing records of approved instructors or supervising instructors and terminate approved status for any instructor found to not qualify.

(7)(5)(a) Approved Instructors or supervising instructors for approved classroom courses shall display a photo ID to any Department auditor who conducts an official audit during their instruction time.

(b) Instructors or supervising instructors who are also licensees in Florida with a photo ID license may use their license photo ID card for identification.

(8)(6)(a) Instructors and supervising instructors shall have the authority and responsibility to deny credit to anyone who disrupts the class or is inattentive.

(b) Based on the course providers’ policies, refunds may be given.

(b)(c) It shall be considered a violation of this rule if an instructor knowingly allows the The following activities of students during approved class time, if knowingly allowed by an instructor, supervising instructor, or school official, shall be considered to be a violation of this rule chapter:

1. Sleeping;

2. Reading of non-course books, newspapers, or other non-course material;

3. Using a cellular phone or other electronic device except to take class notes or to complete mathematical or other course-related exercises;

4. Leaving the class other than during an authorized breaks or emergency.

(d) Penalties will be assessed against licensee, instructor, supervising instructor, and course provider as provided in Rules 69B-228.210 and 69B-228.220, F.A.C.

(9) Guest Lecturers.

(a) Providers may use guest lecturers:

1. Only in conjunction with seminar courses.

2. When at least one qualified instructor is also present.

(7)(a) Department employees shall not be approved as instructors or supervising instructors.

(b) Department employees may be permitted to serve as guest lecturers or presenters if accompanied by an qualified approved instructor for the appropriate course. (c) Such instances shall be approved in advance by the Department of Financial Services, Bureau of Licensing, in conjunction with the course approval process.

(c)(d) A resume of the guest lecturer or presenter shall be maintained in the provider’s records for a minimum of 5 years after the offering of the course submitted to the Department along with an outline of the material and amount of instruction time to be covered by the Department employee.

(10) Providers shall provide a list of all qualifying instructors and guest lecturers who will teach an approved course in conjunction with the submission of a course or course offering application.

(8) If an instructor or supervising instructor who is required to meet a continuing education requirement relative to an insurance license issued by the Department is deemed to be non-compliant with the requirement, the instructor or supervising instructor approval status shall be suspended until the instructor or supervising instructor meets the requirement.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 624.501(20)(c), 626.2815, 626.2816, 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, Amended 1-17-05, __________.

Substantial rewording of Rule 69B-228.080 follows. See Florida Administrative Code for present text.

69B-228.080 Course Approval; Requirements; Guidelines.

(1) Application Procedure. An application for course approval shall be electronically submitted to the Department on Form DFS-H2-1268, Course Application, which is incorporated by reference in Rule 69B-228.180, F.A.C.

(2) Requirements for All Courses:

(a) No course for continuing education credit shall be taught unless previously approved by the Department.

(b) Each course must provide instruction of no less than the hours for which it was approved.

(d) A provider may not use copyrighted material without the expressed written consent of the owner of such material.

(e) The following courses shall qualify for approval:

1. Courses that are part of a national designation program named in the continuing education law, section 626.2815, F.S.; or

2. Any insurance-related course as referenced in subsection 626.2815(3), F.S.

(f) Courses that do not meet the criteria of paragraph (e) above must meet the following criteria to qualify:

1. The course must have significant intellectual or practical content and enhance the insurance knowledge, understanding, ethics, or professional competence of the licensee; and

2. The course must promote an increase in technical knowledge of insurance principles, coverages, laws or regulations utilizing the most recent policy forms and laws.

(g) Course content shall not qualify for continuing education credit approval if it is:

1. Designed to prepare students for license examination.

2. Teaching:

a. General account, other general business skills, computer use, or computer software application use.

b. Accounting or tax preparation in connection with the internal business of the licensee.

c. Motivation or salesmanship or sales promotion.

(I) “Salesmanship,” as used herein, means methods designed to:

(A) Induce a prospect’s decision to buy;

(B) Increase a licensee’s effectiveness at generating new business, premium volume; or

(II) “Sales promotion,” as used herein, means discussion of production levels or target markets or other demographics of a specialized nature in order to promote or effectuate sales.

d. Skills on goal setting, time management, communication, stress management or marketing.

3. Relating only to the organizational procedures, internal polices, or marketing and business practices of an insurer or any other employer, including meetings held in conjunction with the general business of the licensee.

4. Primarily intended to impart knowledge of specific products of specific companies, if the use of the products relates to the sales promotion or marketing of one or more of the products discussed.

5. A course with the same content as another course that has already been approved by the Department for the same course provider.

6. Copyrighted material without an authorization letter from the owner, if the owner is not the submitting course provider.

(3) Additional Requirements for Classroom Courses:

(a) The provider shall submit the following:

1. A 3-tiered outline of approximately one page per 50 minutes of instruction and a syllabus.

2. Any other course specific material requested by the Department.

(b) In addition, webinar and virtual classroom courses must meet the following requirements:

1. The course title must specify the method by containing the words “Webcast,” “Webinar” or “Virtual Classroom.”

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

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

4. Upon completion, each student is required to sign an acknowledgement verifying attendance and completion of the entire course. The acknowledgement shall also include a statement that the student understands that a violation of such standards shall result in an administrative sanction based on paragraph 626.611(1)(g), F.S., and the loss of course credit.

(4) Additional Requirements for Seminar Courses:

(a) Providers shall indicate on the Course Application Form whether partial credit is desired and shall keep attendance records for each separate part.

(b) Courses shall expire 12 months from the approval date.

1. An outline of course instruction.

2. A copy of the program agenda.

3. A list of each speaker presenting.

4. Any other course specific material requested by the Department.

(5) Additional Requirements for Correspondence Courses:

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

(b) Students are required to acknowledge their understanding that the course must be completed without assistance. The student acknowledgement shall also include a statement that the student understands that a violation of such standards shall result in an administrative sanction based on paragraph 626.611(1)(g), F.S., and the loss of course credit.

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

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

3. An electronic copy of all course content.

(d) Any other course specific material requested by the Department.

(6) In addition to the requirements in subsection (5), online interactive corrrespondence courses are subject to the following requirements:

(a) Online access for the Department to review the course.

(b) Description of how the students will access the course.

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

(7) Blended courses must satisfy the requirements for all of the study methods being requested and must include the words “Blended Course” in the course title.

(8) Materials and speeches used in subsequent offerings of approved courses shall be updated to maintain currency of the information.

(9) Course difficulty level shall be determined based on the experience level of the licensee that the course was designed to serve.

(a) Basic: A course designed for entry-level licensees or licensees new to the subject matter.

1. Basic course elements:

a. Learning objectives that are intended to provide the student with a basic knowledge and comprehension of the subject matter;

b. Significant course time is devoted to building appropriate terminology, definitions and concepts of the subject matter, such as forms and coverage issues;

c. Focus of the course is an introduction to or fundamentals of the subject matter rather than application of the subject matter.

(b) Intermediate: A course designed for licensees who have existing competence in the subject matter and seek to further develop and apply those skills.

1. Intermediate course elements:

a. A limited review, up to a 25 percent maximum of total course time or material, of terms, definitions and concepts considered to be basic concepts of the subject matter;

b. Significant course time is devoted to the application of basic concepts to client specific situations through case studies, problem solving exercises, calculations and other related tools;

c. Analysis of Florida Statutes, Department rules and relevant case law.

(c) Advanced: A course designed for licensees who have a strong foundation and high level of competence in the subject matter.

1. Advanced course elements:

a. Analysis of more sophisticated or complex issues concerning the subject matter;

b.Technical analysis of the theory underlying the subject matter;

c. Ideas considered to be leading edge within the subject matter;

d. Complex case studies, calculations or other related analysis tools.

(10) Credit hours for self-study courses shall be calculated by:

(a) Dividing the total number of words submitted in the course text, excluding images, graphics and examination questions, by 180 (documented average reading time) to get the number of minutes. Divide the number of minutes by 50 to get basic level credit hours. Multiply the number of basic credit hours by 1.25 for an intermediate level course and 1.50 for an advanced level course. Fractional hours rounded up if .50 or above and rounded down if .49 or less.

1. Any course that includes interactive material, including, but not limited to, audio or video, shall be accompanied by text dictation of the interactive material.

a. The text dictation for interactive material shall not be included in the course text word count.

b. The total run time of interactive material shall be included in the calculation of credit hours.

(11)(a) Except as provided in paragraphs (11)(b) and (c), courses will not be approved for more than 24 hours of credit per course regardless of total class hours, number of consecutive sessions in a seminar, or volume of text required for self-study.

(b) Courses for bail bond agents will not be approved for more than 14 hours per course.

(12)(a) Approval of courses which have not been offered for a period of 2 years shall expire.

(b) Future use of the courses requires a new fee and application.

(c) “Use” means the activity of presenting the classroom course and submitting Form DFS-H2-400, Attendance Roster Detail, which is incorporated by reference in Rule 69B-228.180, F.A.C.

(13) Self-Study Examinations.

(a) A comprehensive final examination shall be given at the end of each self-study course.

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

(c) Self-study examination questions for other than interactive on-line courses shall be referenced back to the text. If requested by the Department, the school official or course provider representative shall identify the location in the text of the answer for a particular question on an exam.

(d) Except for designation programs named in section 626.2815, F.S., self-study course exams shall:

1. Have a minimum of 10 questions for 1 credit hour with an additional 5 questions for each subsequent credit hour.

2. Be substantially revised annually for each course unless examinations are updated with each course sold.

(e) A licensee must achieve a grade of 70 percent or more to be eligible to receive credit.

(f) The student shall not have possession of the answers for either in-state or out-of-state examinations after completion of the examination.

(g) Self-study course exam grades may not be curved or rounded up to achieve a passing score.

(h) Students of self-study courses shall not grade their own exams or each other’s exams.

(i) Self-study exams may not include:

1. True or False questions.

2. Obvious or tricky questions.

3. Question stems that:

a. Do not track study material. For example, text says “contract” and the question uses the term “Form” or “Policy.”

b. Do not provide enough information to determine the correct answer.

c. Are not clear and concise.

4. Answer choices that:

a. Are not in parallel form.

b. Are of the best answer variety, multiple response, or all of the above.

c. Are inadequately keyed responses.

d. Do not have enough information in the correct answer.

(14) Effective October 1, 2014, a curriculum outline for a 5-hour law and ethics update course shall be approved by the Department on Form DFS-H2-2081, 5-hour Law and Ethics Update, or Form DFS-H2-2111, 5-Hour Law and Ethics Update – Bail Bonds, which are incorporated by reference in Rule 69B-228.180, F.A.C.

(a) A 5-hour law and ethics update course shall be approved in any of the following authorities:

1. Life (Including Annuities and Variable Contracts).

2. Health & Life (Including Annuities and Variable Contracts).

3. Health.

4. General Issue.

5. Adjuster.

6. Public Adjuster.

7. Bail Bonds.

(b) The course shall not be approved for less than 5 hours and 5 hours of the course must follow the curriculum outline approved by the Department including discussion on the following subjects:

1. Regulatory Awareness.

2. Insurance Law and Updates.

3. Ethical Requirements.

4. Industry Trends.

5. Disciplinary Trends and Case Studies.

6. Premium Discounts, excluding adjusters and public adjusters.

7. Suitability of Products and Services, excluding adjusters and public adjusters.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 215.322(3)(b), 624.307(1), 624.501(19)(d) (20), 626.2815, 626.2816, 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, Amended 1-17-05, __________.

Substantial rewording of Rule 69B-228.090 follows. See Florida Administrative Code for present text.

69B-228.090 Course Offerings and Attendance Records.

(1)(a) Each provider must electronically submit a course offering on Form DFS-H2-397, Offering Application, which is incorporated by reference in Rule 69B-228.180, F.A.C., each time an approved course is offered. The application must be submitted to the Department at least 5 business days, but no more than 1 year, prior to the date and time the course is offered.

(b) National course offerings for classroom courses being held outside of the State of Florida shall be submitted no later than 5 business days from the completion date of the course. A national course, as defined herein, means an approved program of instruction in insurance related topics, offered by an approved provider, and leads to a professional designation or is a course offered to individuals who must update their designation once it is earned.

(2) Changes to approved course offerings must be electronically submitted by the provider in accordance with the submission procedures in Rule 69B-228.180, F.A.C., on Form DFS-H2-397, Offering Application, and be approved by the Department prior to the date when the change will be effective.

(3) Classes must be in session on scheduled dates during specified hours. Instructional time submitted on the course offering application shall match the number of hours on the corresponding Department-approved course.

(4) Additional Requirements for Classroom or Seminar Course Offerings:

(a) Classroom courses must be taught by an instructor registered with the Department pursuant to this rule chapter and qualified to teach on the subject matter pursuant to Rule 69B-228.040, F.A.C.

(b) Seminar courses must be taught by a registered instructor or the guest lecturer named on the course application filed by the provider.

(d) Assigned room numbers and building names shall be included on the course offering form unless the street address is inclusive of the room location.

(e) The class or seminar shall be held in an area readily accessible for audit by an authorized Department employee.

(f) Students shall be provided with a syllabus containing, at minimum:

1. The course title;

2. Times and dates of the course offering;

3. The name, business address, email address and telephone number of the sponsoring course provider; and

4. A detailed outline of the subject matter to be covered for classroom courses, or workshop summaries for seminars.

(g) The provider shall verify student identity with the student’s government- issued photo ID for each offering.

(5) The course outline approved by the Department must be taught in its entirety at each offering.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 626.2815, 626.2816, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.090, Amended __________.

69B-228.100 Certification of Students.

(1)(a) The provider shall electronically submit to the Department a completed Form DFS-H2-400, Attendance Roster Detail, which is incorporated by reference in Rule 69B-228.180, F.A.C., of all students who have satisfactorily completed the course. The Roster must be received by the Department within 21 days after course completion. A completed Certificate of Completion shall be issued to each person completing a continuing education course. The name, address and license number of the student shall be filled in on the Certificate of Completion by the course provider.

(b)1. Course providers shall submit a completed roster of all students who complete a classroom course, seminar, or self-study examination.

2. The roster shall be received by the Department within 20 days after the course completion date on the approved schedule of course offering.

3. If credit for instruction is requested, the roster shall also include:

a. The instructor’s full name,

b. License number, and

c. The number of hours taught.

(c) Rosters for completion of self-study examinations out-of-state may be sent once a month on the last day of the month, or when the last results of examinations for that month are completed.

(d) Rosters for all courses, if submitted electronically, shall be submitted to the Department using the Department-supplied software.

1. The provider shall use a 3.5'' micro diskette or other transmittal means as specified by the Department based on current computer requirements.

2. The diskette shall be accompanied by Form DFS-H2-1111, Computer Transmittal Form, rev. 4/98, which is adopted in Rule 69B-228.180, F.A.C.

(2)(a) Form DFS-H2-1668, Certificate of Completion, which is incorporated by reference in Rule 69B-228.180, F.A.C., shall be issued to each person satisfactorily completing a course. “Satisfactory completion,” as used herein, shall mean:

(a) Attendance or instruction of an entire classroom or seminar course; or

(b) Achieving a minimum score of 70 percent on the final examination of a self- study course; or

Classroom study method courses shall be attended or completed in their entirety in order for a licensee to receive credit.

(b) Providers may not issue certificates of completion to students who do not attend or complete the entire continuing education course.

(3)(a)(c) At the discretion of the sponsoring course provider, students may miss a class and attend a makeup class to complete the attendance requirement upon a showing of good cause.

(b)(d) “Good cause,” as used herein, means an incident or occurrence which is beyond the control of the applicant and which prevents compliance. Examples of good cause include disabling accident, illness, call to military duty, or declared national emergency.

(e) The sponsoring course provider may hold makeup sessions to accommodate any student.

(3)(a) Seminar study method courses will be evaluated for the total number of hours of credit possible at the event.

(b) Providers may issue certificates of completion to students who do not attend the entire seminar if the seminar is made up of individual workshops or sessions where the subject presentation is completed in each workshop, such as conventions and annual meetings.

(4)(a) Licensees shall maintain records of all course completions for 5 years from the completion dates.

(b) Failure to maintain these records shall result in the Department relying solely on the submitted documents from course providers and Department records for compliance verification.

(d) The number of approved hours for a course will include only the hours of approved subjects.

(4)(5) Requirements for Certificates:

(a) Certificates must shall be issued as soon as attendance records can be verified and shall be issued within 30 days of the completion date the student completes the course of the class or seminar.

(b) A certificate must contain the following information:

1. Name of the student.

2. License number of the student.

3. The provider name.

4. The provider ID number.

5. The course ID number.

6. The course offering ID number.

7. The name of the course.

8. The name of the instructor.

9. The instructor ID number.

10. The completion date of the course.

11. The date the certificate was awarded.

12. A statement certifying that the person named on the certificate has successfully completed an insurance course taught in compliance with the rules of the Department.

13. The signature of the school official.

14. In addition, certificates for self-study courses must include the final examination score.

(6) Neither students nor instructors may earn continuing education credit for attending or instructing at any subsequent offering of the same continuing education course for three years after attending or teaching the course.

(7)(a) Each approved course provider shall maintain accurate attendance records containing:

1. The name, date, and location of the offering;

2. Documentation that an ID was checked;

3. Name and license ID number of licensee;

4. Proof of at least 2 attendance checks for class and seminar courses over 4 hours; and

5. A statement signed by the instructor or school official that the attendance records are correct.

(b) Records shall be maintained by the approved course provider and shall be available to the Department for a period of 5 years after each completion of an offering.

Rulemaking Authority 624.308, 626.2816 FS. Law Implemented 624.307(1), 624.501(20)(c), 626.2815, 626.2816, 626.869(5) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.100, Amended __________.

69B-228.110 Textbooks.

Rulemaking 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__________.

69B-228.120 Course Fees.

Rulemaking 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__________.

69B-228.130 Facilities.

Rulemaking 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__________.

69B-228.150 Advertising.

(1)(a) An approved course provider that places or causes to be placed an advertisement for a continuing education course bears sole responsibility for the content of the advertisement and its compliance with this rule chapter. Courses shall not be advertised in any manner as an approved insurance continuing education course unless course approval has been granted, in writing, by the Department.

(2) Only courses approved by the Department can be advertised as such. (b) The wording “approval pending” or similar language is prohibited since it is inherently misleading.

(3)(2) Advertising shall be truthful, clear, and not deceptive or misleading.

(4)(3) Advertising of approved continuing education courses shall be clearly distinguishable from the advertisement of all other courses and services which have not been approved to meet continuing education requirements. Advertising shall display the name and provider number of the course provider.

(5)(4) Advertising Requirements: A school official shall not advertise independent of an approved provider.

(5)(a) Advertisements for Florida continuing education courses shall include: Continuing education advertising relating to approved continuing education courses shall include the following statement: “This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.”

1. The name of each approved provider and provider ID number as on record with the Department.

2. The name of each approved course and course ID number as on record with the Department.

3. The number of hours approved for Florida continuing education credit. If the course is longer than the number of hours of Florida continuing education credit to be given, the advertisement shall clearly state that credit is not earned for the entire course.

4. Continuing education advertising related to an approved continuing education course shall include the following statement: “This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.” This statement shall be prominently displayed on the advertisement.

(b) In addition, advertising for courses that will satisfy the 5-hour law and ethics requirement shall include the insurance license classification for which the course has been approved as stated in the course approval from the Department. The statement shall be prominently displayed on any pamphlet, advertisement, or circular.

(c) The number of hours for which a course has been approved shall be prominently displayed on continuing education advertisements or circulars, and shall differentiate between approved continuing education credit hours and non-credit hours.

(6)(a) If the course is longer than the number of hours of credit to be given, it shall be clear that credit is not earned for the entire course.

(b) Advertising of approved continuing education courses shall be clearly distinguishable from the advertisement of all other courses and services which have not been approved to meet continuing education requirements.

(7) Advertising for continuing education courses shall include language regarding course levels as described in Rule 69B-228.080, F.A.C.

(8) Advertising of several courses together to represent a single offering shall identify each course separately with the approved course names, credit hours, and course ID numbers.

(9) Advertising of continuing education courses shall show the name of the entity as shown on the Application for Entity, as incorporated in Rule 69B-228.180, F.A.C.

(6) (10) Advertising of continuing education shall not include any sales promotion wording for any entity that may be underwriting the cost of the course for the participants.

(11) Advertising of self-study courses shall not include a guarantee of passing the monitored examination.

(12) An approved course provider that places, or causes to be placed, advertisement for continuing education courses bears sole responsibility for the content of the advertisement and its compliance with all applicable regulations.

(13) Advertising of continuing education courses shall include the insurance representative license classification for which a course has been approved as stated in the course approval letter from the Department.

Rulemaking Authority 624.308, 626.2816, 626.9611 FS. Law Implemented 624.307(1), 626.2815, 626.2816, 626.869(5), 626.9541(1)(b) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.150, Amended __________.

69B-228.160 Prohibited Practices.

(1) A provider, school official, supervising instructor, instructor or any personnel under their purview, shall not:

(a) Fail to notify the Department within 30 days of a change in personal or business name, ownership or contact information.

(b) Fail to notify the Department in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or crime punishable by imprisonment of 1 year or more under the laws of the United States or of any state thereof, or under the law of any other country or territory without regard to whether the judgment of conviction has been entered by the court having jurisdiction of the case pursuant to subsection 626.621(11), F.S.

(c) Fail to submit to the Department a copy of the order, consent order, or other relevant legal documents within 30 days after the final disposition of an administrative action taken against the provider, school official, instructor or an employee of the provider by a governmental agency or other regulatory agency in this state or any other state or jurisdiction relating to the business of insurance, education, the sale of securities, or an activity involving fraud, dishonesty, trustworthiness, or breach of fiduciary duty.

(d) Offer a continuing education course before the provider has been approved by the Department.

(e) Offer a continuing education course before the course has been approved by the Department.

(f) Teach or instruct any material during the course offering within the time alloted for continuing education credit other than what has been approved by the Department.

(g) Submit a course offering application less than 5 calendar days before the first date of class.

(h) Allow the instruction of a classroom course by a instructor who is not registered with the Department and qualified to teach on the subject matter.

(i) Award credit for a course that was offered prior to the approval date of the course application by the Department.

(j) Issue certificates of completion to, or report on a roster, students who did not attend or complete the entire continuing education course.

(k) Advertise a course in any manner as an approved insurance continuing education course unless course approval has been granted, in writing, by the Department.

(l) Advertise a course with the words “approval pending” or similar misleading language.

(m) Advertise the guaranteed passing of an approved continuing education course examination.

(n) Omit required information on a course advertisement.

(o) Fail to issue a certificate of completion to any student who has satisfactorily completed the course within 30 days following completion of the course.

(p) Fail to submit the required student information on the Attendance Roster Detail Form within 21 days following the completion date of the course.

(q) Make any change to an approved course offering prior to Department approval.

(r) Make any misrepresentation, omission or concealment regarding any information requested by or document provided to the Department.

(s) Conduct a class for less than the total approved hours.

(t) Fail to maintain required records for at least 5 years.

(u) Allow any individual to perform any duties of a school official who is not approved as such by the Department.

(v) Offer or teach a course without the written consent of the approved provider.

(w) Provide answers to or offer assistance on any continuing education related examination.

(x) Solicit or receive, directly or indirectly, information from a person regarding that person’s, or another person’s, MyProfile login information, or any other login information that is related to any database located, operated or administered on or through the Department’s website.

(y) Violate any provision of this rule chapter.

(2) The following activities of students shall be considered to be a violation of this rule chapter:

(a) Accepting credit for continuing education hours which were not completed in their entirety.

(b) Providing or receiving answers, or offering or receiving assistance, on any continuing education course related examination.

The following practices of approved course providers, school officials, supervising instructors, and instructors are prohibited:

(1) Misrepresenting any material submitted to the Department.

(2) Failure to conduct classes for the total required hours.

(3) Allowing a proxy to complete the course.

(4) Falsification of any course completion record or other document related to the course.

(5) Allowing any individual to fulfill the duties of a school official who is not approved as such.

(6) Offering or teaching a course without the express written consent of the approved course provider.

Rulemaking Authority 624.308, 626.8216, 648.26 FS. Law Implemented 624.307(1), 626.2815, 626.8216, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.160, Amended __________.

69B-228.180 Forms and Submission of Forms through the Education Database.

(1) The Department has established an online application on its website for all activity relating to approval of providers, school officials, courses, course offerings, instructors, and the filing of rosters and other information relating to continuing education courses required by rule or statute to be filed with the Department. The system can be accessed at the Department’s website at http://www.myfloridacfo.com/division/agents, by clicking on the MyProfile login.

(2) All forms necessary to comply with filing requirements outlined in this rule chapter shall be accessed through the Department’s Education Database as described in subsection (1) above. All forms necessary to comply with filing requirements outlined in this rule chapter are incorporated by reference in subsection (4) below.

(3) The Education Database shall provide written notification of all application approvals. If necessary, during the review process, the Department will send a request for additional information using the system.

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

	FORM	TITLE	REVISED
(a)	DFS-H2-397	Schedule of Course Offerings Application	rev. 3/14 1/01
(b)	DFS-H2-398	Certification of Instructor Application	rev. 3/14 1/01
(c)	DFS-H2-1668 399	Certificate of Completion	rev. 2/06 4/98
(d)	DFS-H2-400	Attendance Roster Detail	rev. 3/14 2/01
(e)	DFS-H2-460	Request for Extension of Time	rev. 10/02 2/99
(f)	DFS-H2-463	Nonresident Agent Certification	rev. 11/00
(f g)	DFS-H2-464	Application for Course Provider Application Approval	rev. 3/14 11/00
(h)	DFS-H2-465	Course Provider Information Update	rev. 11/00
(i)	DFS-H2-501	Appointment Form	rev. 6/00
(g j)	DFS-H2-1106	Statement of Government Status	rev. 10/02 12/96
(k)	DFS-H2-1108	Statement of Adjuster Status	rev. 8/98
(h l)	DFS-H2-1109	Reduction of Continuing Education Requirement Application for CLU/CPCU/College Degree + Experience Status	rev. 10/14 4/98
(m)	DFS-H2-1111	Computer Transmittal Form	rev. 4/98
(i n)	DFS-H2-1137	Application for School Official/Supervising Instructor Application Appointment	rev. 3/14 11/00
(j o)	DFS-H2-1268	Application for Course Application Approval	rev. 3/14 11/00
(p)	DFS-H2-1269	Application for Supervising Instructor Approval	rev. 11/00
(k q)	DFS-H2-2081	5-Hour Law and Ethics Update http://www.flrules.org/Gateway/reference.asp?No=Ref-02993	eff. 10/14
(l r)	DFS-H2-2111	5-Hour Law and Ethics Update – Bail Bonds http://www.flrules.org/Gateway/reference.asp?No=Ref-02994	eff. 10/14

(2)(a) All forms in subsection (1) above may be obtained from and shall be submitted to the Bureau of Agent and Agency Licensing, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0319, or the current contract vendor for the specific process for which the form is needed, and may be reproduced at will. The forms are also available on the Department’s website at http://www.myfloridacfo.com/Division/Agents.

(b) No facsimile transmissions of forms will be accepted by the Department for filing purposes.

(3) Forms shall be filed in accordance with the respective time provisions set forth in this rule chapter.

(a) Forms filed after a particular deadline shall be considered late, as determined by the Department date-received stamp.

(b) Forms shall be original, and facsimile transmissions will not be accepted to prevent late filing status.

(c) Changes to information on approved original forms shall be sent to the Department as soon as knowledge of the change occurs.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.2816, 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, Amended 8-4-13, __________.

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

Rulemaking 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__________.

69B-228.210 Grounds for Disapproval, Suspension, or Revocation of Approval of a Penalties for Course Providers, School Officials, Supervising Instructors, or Instructors, and Monitors; Other Penalties.

(1) The Department shall disapprove an application or, fine, order restitution by, suspend, or revoke approval of any course, a provider, school official, supervising instructor, or instructor if: impose the following penalties upon a Department finding of a violation of this rule chapter, or Section 626.2815, 626.869(5), or 648.385 and 648.386, F.S., by course providers, school officials, supervising instructors, instructors, or monitors:

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

(b) The individual, entity, or officer, owner or director thereof, has not otherwise met the qualifications specified in this rule chapter or has violated any provision of this rule chapter.

(c) The individual, entity, or officer, owner or director thereof, lacks the knowledge, competence, fitness or trustworthiness to fulfill the educational objectives of sections 626.2815, 626.2816, 626.869, 627.7015, 627.7074, 627.745, 648.385, and 648.386, F.S.

(d) The individual, entity, or officer, owner or director thereof, whether or not licensed as an agent or agency, title agent or agency, adjuster or adjusting firm, customer representative, service representative, or managing general agent, violates any provision of section 626.611 or 626.621, F.S.

(2) The Department shall fine, order restitution by or suspend, withdraw, or deny continuing education credit to any licensee who has not met the requirements for receiving continuing education credit or has violated any provision of this rule chapter. Require course providers, school officials, supervising instructors, instructors, and/or monitors to provide licensees with a suitable course to replace the course that was found in violation.

(3) Withdraw approval of courses sponsored by the provider.

(4) Suspend or revoke the authority to instruct or deny the approval of a course provider, school official, supervising instructor, instructor, speaker, lecturer, or monitor if the Department finds:

(a) A violation of any provision of Section 626.611 or 626.621, F.S., or any subsection of this rule chapter, or

(b) The person has had any disciplinary action taken against any license relating to the business of insurance issued by this or any other state, country, or territory at any time before or after being approved in this state.

(5) The Department shall refuse approval of future courses if past offerings are not in compliance with Florida Statutes or this rule chapter.

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

(a) Three or more instances in a 90-day period of failure to notify the Department of a course offering until after the course offering has been completed or of failure to notify the Department of a change in a course offering as soon as knowledge of the change occurs – $100.00 per instance.

(b) Advertising as approved, approval pending, or similar language or soliciting attendance for any course before the Department has notified the school official or supervising instructor of the status of the course application – $1,000 per incident.

(c) Advertising as approved, approval pending, or similar language, or soliciting attendance for any course that was either never approved by the Department or which was disapproved, closed, or withdrawn – $1,000 per incident.

(d) Instruction of a class by an unapproved instructor – $500 penalty to instructor and approved course provider.

(e) Failure to maintain course completion and attendance records for audit as specified in paragraph 69B-228.040(3)(a) and subparagraph 69B-228.080(11)(c)11., F.A.C., for 5 years following the completion date of each offering – $500 per audit.

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

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

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

(3) (i) The penalty for violating For violation of any section of this rule chapter, other than for non-compliance with continuing education requirements, for which no monetary penalty is provided shall be – up to $500 250 per violation for a first occurrence; $500 per violation for a second or subsequent occurrence.

Rulemaking Authority 624.308, 626.2815, 626.2816, 648.26 FS. Law Implemented 624.307(1), 624.4211, 626.2815, 626.2816, 626.611, 626.621, 626.681, 626.869(5), 648.385, 648.386 FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.210, Amended __________.

Substantial rewording of Rule 69B-228.220 follows. See Florida Administrative Code for present text.

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

(1) General Requirements:

(a) Each licensee subject to the continuing education requirements in section 626.2815, F.S., must complete all required hours by the end of the licensee’s birth month after being licensed 24 months and every 2 years thereafter.

1. After the first compliance year is established, a licensee shall continue to meet the applicable continuing education requirements every 2 years thereafter regardless of when additional licenses or appointments are added.

2. As subsequent licensure is granted for other lines of insurance requiring continuing education, the licensee’s compliance date will remain the same.

3. The total 2 year requirement remains in that same yearly sequence for all license types combined and not in alternating years.

4. An individual submitting an application for licensure in the same line of insurance that has previously been held, within 4 years from the date of cancellation or expiration of the previous license, is responsible for completing the deficient continuing education hours prior to issuance of appointments on the newly issued license.

a. Deficient continuing education hours shall be waived by the following:

(I) Since cancellation or expiration of the license, the individual successfully completed a prelicensing course for the type and class applied for.

(II) Since cancellation or expiration of the license, the individual passed the state examination for the type and class applied for.

(III) Since cancellation or expiration of the license, the individual completed an insurance designation course for the type and class applied for which is also named in the continuing education law, section 626.2815, F.S.

(IV) Since cancellation of the license, the individual completed the continuing education requirements of another state that is reciprocal with Florida.

(V) The individual was exempt from continuing education pursuant to Rule 69B-228.250, F.A.C.

(b) Continuing education credit may not be earned for attending or instructing at any subsequent offering of the same continuing education course within a 24 month period.

(d) An individual applying for and receiving a license in the individual’s birth month shall be required to provide documentation of continuing education credits earned as of the birth month 2 years later.

(2)(a) The Department shall refuse to renew or continue the appointments or issue new appointments of any licensee who does not satisfy the minimum continuing education requirements by the compliance date.

(b) All outstanding continuing education requirements shall be satisfied before appointments will be processed.

(3) These remedies are not exclusive of the provisions of sections 626.611, 626.621, 626.681, and 626.691, F.S.

(4) Licensees shall maintain records of all course completions for 2 years from the completion dates.

(5) Licensees are not required to file certificates of completion with the Department unless requested to do so by the Department for audit purposes or to correct discrepancies in Department records.

(6) Reduction of continuing education requirement.

(a) A request for reduction based on a chartered property and casualty underwriter (CPCU) or chartered life underwriter (CLU) designation or a degree in risk management or insurance, and/or applicable experience on Form DFS-H2-1109, Reduction of Continuing Education Requirements, which is incorporated by reference in Rule 69B-228.180, F.A.C., shall be submitted to the Department with all written documentation prior to the licensee’s compliance date.

(b) Within 30 days of a status change which disqualifies the licensee from the reduction, the licensee shall notify the Department.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a) FS. Law Implemented 624.307(1), 626.221(2)(d), 626.2815, 626.2816, 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, Amended 1-17-05, 8-3-09, 8-4-13, __________.

69B-228.230 Extensions.

(1)(a) A request for an extension of time to complete continuing education requirements must be submitted to the Department on Form DFS-H2-460, Request for Extension of Time, which is incorporated by reference in Rule 69B-228.180, F.A.C., a minimum of 15 days prior to the compliance date.

(2) The Department shall will grant an extension of time of 90 days to complete the minimum continuing education requirement to an individual upon a showing of good cause.

(3)(b) “Good cause” means an incident or occurrence which is beyond the control of the applicant and which prevents compliance. Examples of good cause include: Disabling accident, illness, call to military duty, or declared national emergency.

(c) It is the responsibility of the licensee to request an extension on Form DFS-H2-460, Request for Extension of Time, rev. 2/99, which is adopted in Rule 69B-228.180, F.A.C.

(d) The person’s license and appointments shall remain in effect during the extension period.

(2) Requests for extensions shall be submitted to the Department or its designee in writing at least 30 days prior to the applicable compliance date and shall include appropriate documentation of the good cause for extension.

(4)(3) A granted request for extension of time shall only apply to a single compliance cycle. When an extension is granted, a new compliance date is temporarily created for that compliance period only.

(5)(4)(a) Receiving an extension to complete continuing education does not eliminate the requirement to maintain an active appointment within a 48 month period to retain licensure. If the minimum continuing education requirement is not satisfied by the extended compliance date, the Department will notify the person and the person will be assessed $50.00 for additional administrative efforts necessary to process this notification and other materials in connection with this non-compliance, pursuant to Section 624.501(20)(c), F.S., for non-compliance with Sections 626.2815 and 626.869(5), F.S., and this rule chapter.

(b) If the minimum continuing education requirement is not satisfied by the last day of the extended compliance period, the Department shall refuse to renew the licensee’s appointments and refuse to issue new appointments.

(c) Failure to be appointed for a particular type and class of license for 24 months will result in termination of a person’s license for that type and class.

(6)(5) Failure to complete continuing education requirements before the expiration of a granted extension shall result in the termination of appointments as prescribed in subsection 626.2815(10), F.S. Permanent conditions are not eligible for indefinite extensions of time to complete the requirements.

(7)(6) A maximum of four (4) 90-day extensions may be granted for each compliance period if acceptable documentation is received by the Department.

(8) Licensees who are unable to comply with the continuing education requirements due to active duty in the military shall submit a written request for a waiver to the Department pursuant to subsection 626.2815(2), F.S.

(a) The waiver request must include a copy of the military orders.

(b) The timeframe for active duty, as listed within the military orders, must fall within the compliance cycle.

Rulemaking Authority 624.308, 626.2816 FS. Law Implemented 624.307(1), 624.501, 626.2815, 626.2816, 626.869(5) FS. History–New 8-17-93, Amended 4-11-94, 4-29-01, Formerly 4-228.230, Amended __________.

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

Rulemaking 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 __________.

69B-228.250 Exempted Licensees.

(1) Individuals who hold only the following limited licenses are exempt from the requirements of Section 626.2815, F.S.:

(a) Motor Vehicle Physical Damage and Mechanical Breakdown Agent (2-21);

(b) Crop Hail and Multi-peril Crop Agent (4-30).

(2) If the individual holds any other life and health or property and casualty type and class of license in addition to the above-listed licenses, they shall comply with the full requirements of Section 626.2815, F.S., and this rule chapter.

(1)(3) Members of a governmental entity.

(a)1. Licensees who are officials or employees of a Florida entity as set forth in paragraph Section 626.2815(3)(h)(g), F.S., are exempt from the continuing education requirements.

2. Anyone wishing To qualify for this status, the licensee must complete and submit other than Department of Financial Services employees shall send a letter of request and documentation, or Form DFS-H2-1106, Statement of Government Status, rev. 6/93, which is incorporated by reference adopted in Rule 69B-228.180, F.A.C., to the Education Section of the Bureau of Agent and Agency Licensing, Department of Financial Services, prior to the licensee’s their compliance date.

3. Employment must:

a. Consist of 20 hours per week or more; and

b. Have a position description with duties and responsibilities that are determined by the Department to require monitoring and review of insurance laws, regulation, and practices.

4. Within 30 days of a status change which disqualifies the licensee them from the exemption, the licensee shall notify the Department in writing.

5. On the next compliance date after the status has been changed for at least 24 months, the requirements will apply last day of their next birth month after the status has been changed for at least 24 months, the requirements of this rule chapter will apply for that type and class of licensure without the exemption.

(b)1. Department of Financial Services employees who also have an agent or adjuster license will automatically be recorded as an employee of a governmental entity course provider on the day that they are employed by the Department and their continuing education requirements will be suspended.

2. On the next compliance date at least 24 months after the date on which the employee leaves the Department, the requirements will apply will also be recorded and will be used to establish a new compliance date on the last day of their next birth month after they have left the Department for 24 months or more.

(2) Pursuant to subsection 626.2815(2), F.S., licensees who are unable to comply with the continuing education requirements due to active duty in the military must submit a written request for a waiver to the Department and include a copy of the active duty documentation.

Rulemaking Authority 624.308, 626.2816 FS. Law Implemented 624.307(1), 626.2815(3)(c), 626.2816, 626.869(5) FS. History–New 8-17-93, Amended 4-29-01, Formerly 4-228.250, Amended __________.

69B-228.260 Timeline for Submissions.

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

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

Rulemaking Authority 624.308(1), 626.2816 FS. Law Implemented 624.307(1), 626.2815, 626.2816 FS. History – New __________.

69B-228.270 Course Audits.

The Department shall audit courses and provider records with or without notice to the provider. Providers shall give the Department access to all approved courses within 3 days of the course offering. Audits shall result in notice to the provider of deficiencies found and of corrective action required where warranted. The Department shall disapprove the course if the provider fails to correct the deficiencies within 30 days from the date of the notice of deficiency.

Rulemaking Authority 624.308(1), 626.2816 FS. Law Implemented 626.2816 FS. History – New __________.

69B-228.280 Duration of Suspension or Revocation; Effect of Suspension or Revocation upon Associated Authorizations.

(1) The Department shall, in its order suspending a provider, school official, supervising instructor or instructor authorization, or in its order suspending the eligibility of a person to hold or apply for such authorization, specify the period during which the suspension is to be in effect. The suspension period shall not exceed 2 years. A person whose authorization or eligibility has been previously suspended who subsequently seeks authorization pursuant to this rule chapter must apply and qualify in the same manner as a first-time applicant and is subject to the requirements of this rule chapter and section 626.207, F.S. Additionally, the Department shall not approve an application if it finds that the circumstance or circumstances for which the authorization or eligibility was suspended still exist or are likely to recur. The waiting periods specified in section 626.207, F.S., also apply to the applicants.

(2) No person or appointee under any authorization revoked by the Department, or any person whose eligibility to hold same has been revoked by the Department, shall apply for another authorization under this rule chapter within 2 years from the effective date of such revocation or, if judicial review of such revocation is sought, within 2 years from the date of final court order or decree affirming the revocation. A person whose authorization or eligibility has been previously revoked who subsequently seeks authorization pursuant to this rule chapter must apply and qualify for authorization in the same manner as a first-time applicant and is subject to the requirements of this rule chapter and section 626.207, F.S. In addition, the Department shall not grant a new authorization or reinstate eligibility to hold such authorization if it finds that the circumstance or circumstances for which the eligibility was revoked or for which the previous authorization was revoked still exist or are likely to recur. The waiting periods specified in section 626.207, F.S., also apply to the applicants.

(3) The Department shall not grant or issue any authorization under this rule chapter to any person whose authorization or eligibility has been revoked twice.

(4) During the period of suspension or revocation of an authorization, and until a new authorization is issued, the former provider, school official, supervising instructor or instructor may not engage in or attempt or profess to engage in any transaction or business for which an authorization is required under this rule chapter.

(5) Upon suspension or revocation of any one authorization of a person, or upon suspension or revocation of eligibility to hold an authorization, the Department shall also suspend or revoke any other authorization or status of eligibility held by the person under this rule chapter.

Rulemaking Authority 624.308(1), 626.2816 FS. Law Implemented 626.207, 626.2816 FS. History‒New ______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Heather Cleary, Bureau of Licensing

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 1, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2015

Document Information

Comments Open:: 8/5/2016
Summary:: Rule 69B-228.030, F.A.C., provides updated definitions. Rule 69B-228.040, F.A.C., sets forth the requirements for a course provider. Rule 69B-228.050, F.A.C., sets forth the requirements for a school official or a supervising instructor for bail bond agent courses. Rule 69B-228.060, F.A.C., sets forth the requirements for a course instructor or guest lecturer. Rule 69B-228.080, F.A.C., sets forth the requirements for different types of continuing education courses. Rule 69B-228.090, F.A.C., ...
Purpose:: The purpose of the proposed amendments is to update and clarify the continuing education rules in Chapter 69B-228, F.A.C.
Rulemaking Authority:: 624.308, 626.2816, 648.26(1)(a), 648.386(4), FS
Law:: 624.307(1), 626.2815, 626.2816, 626.869, 626.9541(1)(b), 648.385, 648.386, FS
Contact:: Heather Cleary, Bureau of Licensing, address: 200 E. Gaines Street, Tallahassee, FL 32399-0319, telephone: (850)413-5355, email: Heather.Cleary@myfloridacfo.com.
Related Rules: (15): 69B-228.010. Purpose; 69B-228.020. Scope; 69B-228.030. Definitions; 69B-228.040. Course Providers; 69B-228.050. School Officials; More ...