Rule Chapter 69B-227, F.A.C., establishes requirements for prelicensing courses and course providers for insurance agents and other licensees of the Department.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agents and Agency Services

RULE NOS.:RULE TITLES:

69B-227.130Definitions

69B-227.140Providers

69B-227.160Instructors

69B-227.170Courses

69B-227.180Course Offering and Attendance Records

69B-227.190Certification of Students

69B-227.260Study Aids

69B-227.310Grounds for Disapproval, Suspension, or Revocation of Approval of a Provider, School Official, Supervising Instructor, or Instructor; Other Penalties

69B-227.350Duration of Suspension or Revocation, and Effect of Suspension or Revocation upon Associated Authorizations

PURPOSE AND EFFECT: Rule Chapter 69B-227, F.A.C., establishes requirements for prelicensing courses and course providers for insurance agents and other licensees of the Department.

SUMMARY: The proposed amendment requires that the school official designated by the provider is subject to approval by the Department. The amendment also provides standards for approval of bail bond course instructors. The amendment shortens the Department’s time to approve a course offering from 15 to 5 days. The amendment also requires the actual instructional time to match the number of hours indicated in the offering application submitted to the Department. The amendment prohibits instructors and school officials from soliciting or receiving login information relating to Department databases. The amendment also prohibits providers, instructors, and school officials from providing a study manual which is available from a vendor identified by the Department. The amendment further prohibits providers, instructors, and school officials from soliciting or receiving material contained in a licensing examination. A new rule is added to provide standards for the suspension or revocation of authorization of providers, instructors and school officials.

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(1), 626.2817 FS.

LAW IMPLEMENTED: 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.207, 627.7014, 627.7015, 627.7074, 627.745, 648.34, 648.286, 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 11, 2016, 1:00 p.m.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Heather Cleary, telephone: [phone], email: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Heather Cleary, Senior Management Analyst Supervisor, Bureau of Licensing, Division of Agent & Agency Services, Florida Department of Financial Services, address: 200 E. Gaines Street, Tallahassee, Florida 32399-0320, telephone: [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69B-227.130 Definitions.

For purposes of this rule chapter, the following definitions shall apply.

(1) through (5) No change.

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

(6) through (9) are renumbered to (7) through (10) No change.

(11)(10) “Curriculum” means an educational program, a group of related courses of study, or program of studies offered by an institution, school, college or university, which includes course materials, examinations, tests, outlines, and student handouts for purposes of obtaining a designation as identified in subsection Section 626.221(2), F.S.

(11) through (23) are renumbered to (12) through (24) No change.

(24) “School” means an institution for teaching and learning. School includes a training program within an authorized insurance company, an insurance company association, an insurance agents or adjusters association, or an insurance trade association or society.

(25) through (28) No change.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7014, 627.745, 648.34, 648.286 FS. History–New 4-11-94, Formerly 4-211.130, 69B-211.130, Amended 9-1-14, ___________.

 

69B-227.140 Providers.

(1) No change.

(2) Provider Qualifications. A provider that offers an insurance representative qualification course must be a school or college approved by the Department, except that life and health courses may be offered by independent programs of study approved by the Department.

(2)(3) Provider Requirements.

(a) No change.

(b) The provider shall designate a school official who shall be accountable for the actions of the provider, including the provider’s instructors, speakers, and monitors and be subject to administrative action pursuant to Rule 69B-227.310, F.A.C., on Form DFS-H2-464. The provider shall inform the Department of any change in the designated school official within thirty (30) days of the change. The provider must have at least one 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 under the standards in Rule 69B-227.310, F.A.C.

(c) through (d) No change.

(3)(4) Self-study course providers shall:

(a) through (c) No change.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 FS. History–New 4-11-94, Formerly 4-211.140, 69B-211.140, Amended 9-1-14, _________.

 

69B-227.160 Instructors.

(1) No change.

(2)(a) No change.

(b) For all pre-licensing courses except bail bond, a registered instructor must possess at least two (2) of the following requirements, subject to the limitations imposed in Rule 69B-227.310, F.A.C.:

1. No change.

2. At least forty (40) hours hours instructional experience in the last four (4) years.

3. and 4. No change.

(3) For bail bond courses, an instructor must meet the qualifications as set forth in Section 648.386(4), F.S., subject to the limitations imposed in Rule 69B-227.310, F.A.C.:

(4) No change.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 FS. History–New 4-11-94, Formerly 4-211.160, 69B-211.160, Amended 9-1-14, _________.

 

69B-227.170 Courses.

(1) No change.

(2) Requirements for all courses.

(a) through (c) No change.

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

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

(3) No change.

(4) Additional requirements for correspondence courses.

(a) No change.

(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 subsection Section 626.611(7), F.S., and the loss of course credit.

(c) through (d) No change.

(5) No change.

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

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 FS. History–New 4-11-94, Formerly 4-211.170, 69B-211.170, Amended 9-1-14, __________.

 

69B-227.180 Course Offering and Attendance Records.

(1) Each provider must submit, in accordance with the submission procedures in Rule 69B-227.290, F.A.C., a course offering on Form DFS-H2-397, “Offering Application,” which is incorporated by reference in Rule 69B-227.290, F.A.C., each time the course is offered. The application must be submitted to the Department at least five (5) fifteen (15) days prior to the date and time the course is offered. The Department shall assign a Course Offering Number to each course offering. This number must be entered on Form DFS-H2-400, “Roster,” which is incorporated by reference in Rule 69B-227.290, F.A.C.

(2) No change.

(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) No change.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 FS. History–New 4-11-94, Formerly 4-211.180, 69B-211.180, Amended 9-1-14, __________.

 

69B-227.190 Certification of Students.

(1) through (2) No change.

(3) Providers, instructors, and school officials are prohibited from, directly or indirectly, soliciting or receiving 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.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 FS. History–New 4-11-94, Formerly 4-211.190, 69B-211.190, Amended 9-1-14, __________.

 

69B-227.260 Study Aids.

(1) Each school official shall, prior to the commencement of a pre-licensing course furnish to each student the name and contact information for the current study manual vendor and verify the first day of class that each student is aware that the state licensing examination will be based upon the latest edition of the approved study manual. Study manuals are required for the following courses:

(a) General Lines Agent, Personal Lines Agent, or Customer Representative, or Limited Customer Representative.

(b) No change.

(c) Health & Life (Including Annuities & Variable Contracts) Life, Health, and Variable Annuity Agent.

(d) through (e) No change.

(2) No change.

(3) All providers, instructors, and school officials are prohibited from, directly or indirectly, providing or disseminating a study manual, or any portion thereof, that has not been purchased from the vendor contracted by the Department, pursuant to subsection (2).  All copying of any study manual, in whole or in part, by a provider, instructor, school official, or person acting on their behalf, is prohibited without the express written consent of the copyright holder.

(4) Providers, instructors, and school officials are prohibited from, directly or indirectly, soliciting or receiving information from a person regarding the questions or material contained on a test or an examination administered pursuant to, or in relation to, Rule Chapters 69B-227 and 69B-228, F.A.C.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 626.2817, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.386 FS. History–New 4-11-94, Formerly 4-211.260, 69B-211.260, Amended 9-1-14, _________.

 

69B-227.310 Grounds for Disapproval, Suspension, or Revocation of Approval of a Provider, School Official, Supervising Instructor, or Instructor; Other Penalties.

The Department shall disapprove an application or, fine, order restitution by, suspend, or revoke approval of a provider, school official, or instructor if:

(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 servcies industry subject to a finding, injunction, suspension, prohibition, revocation, denial, judgment, final agency action, or administrative order by any court of competent jurisdiction, administrative law proceeding, state agency, federal agency, or federally established regulatory body or association;

(2) through (4) No change.

(5) 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 Sections 626.611 or 626.621, F.S.

Rulemaking Authority 624.308(1), 626.2817 FS. Law Implemented 624.307(1), 624.418, 624.4211, 626.2817, 626,611, 626.621, 626.681, 626.732(1)(a), 626.7351, 626.7851, 626.8311, 626.8417, 626.927, 627.7015, 627.7074, 627.745, 648.34, 648.37 FS. History–New 4-11-94, Formerly 4-211.310, 69B-211.310, Amended 9-1-14, ________.

 

69B-227.350 Duration of Suspension or Revocation, and 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, nor 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 626.2817 FS. Law Implemented 626.2817, 627.207 FS. History‒New ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Heather Cleary, Senior Management Analyst Supervisor, Bureau of Licensing, Division of Agent & Agency Services, Florida Department of Financial Services

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: December 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 13, 2015