Rule 69O-199.008, F.A.C., is being amended to update form OIR-A3-1073 “Application for Renewal of License Home Warranty Association.” The changes remove the invoice from this form which are no longer needed due to changes ....

 

DEPARTMENT OF FINANCIAL SERVICES

OIR – Insurance Regulation

RULE NO.:RULE TITLE:

69O-199.008Application for License and License Renewal

PURPOSE AND EFFECT: Rule 69O-199.008, F.A.C., is being amended to update form OIR-A3-1073 “Application for Renewal of License Home Warranty Association.” The changes remove the invoice from this form which are no longer needed due to changes in payment processing, improves formatting, and updates addresses.

SUMMARY: Rule 69O-199.008, F.A.C., is being amended to update form OIR-A3-1073 “Application for Renewal of License Home Warranty Association.” The changes remove the invoice from this form which are no longer needed due to changes in payment processing, improves formatting, and updates addresses.

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.

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

RULEMAKING AUTHORITY: 634.302, F.S.

LAW IMPLEMENTED: 624.424, 634.304, 634.306, 624.307, 634.3073, 634.315, F.S.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kama Monroe, Assistant General Counsel, Office of Insurance Regulation, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-199.008 Application for License and License Renewal.

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

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

1. Form OIR-C1-490, “Application for License Home Warranty Association,” effective 07/23 3/21, hereby incorporated by reference and available at http://www.flrules.org/Gateway/________ http://www.flrules.org/Gateway/reference.asp?No=Ref-13054;

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

3. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.; “Service of Process Consent & Agreement,” effective 6/04, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13055;

4. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.; “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13056;

5. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.; “Fingerprint Payment and Submission Procedures,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13057;

6. Form OIR-C1-995, incorporated by reference in Rule 69O-136.100, F.A.C.; “List of Proposed Sales Representatives,” effective 10/05, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13058;

7. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.; “Biographical Affidavit,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13059; and

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

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

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

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

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

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

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

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

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

17 8. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C. “Management Information Form,” effective 6/20, hereby incorporated by reference and available at www.flrules.org/Gateway/reference.asp?No=Ref-13060.

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

(2) Annual License Renewal.

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

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

(b) A licensee seeking to continue operating as a home warranty association shall submit the following:

1. Form OIR-A3-1073, “Application for Renewal of License Home Warranty Association,” effective 07/23 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/_____________________,  http://www.flrules.org/Gateway/reference.asp?No=Ref-13053, filed electronically at https://www.floir.com/iportal, and

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

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

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

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 24, 2023