Course Providers, School Officials, Instructors and Supervising Instructors, Course Approval; Requirements; Guidelines, Advertising, Prohibited Practices, Forms

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agent and Agency Services

RULE NOS.:RULE TITLES:

69B-228.040Course Providers

69B-228.050School Officials

69B-228.060Instructors and Supervising Instructors

69B-228.080Course Approval; Requirements; Guidelines

69B-228.150Advertising

69B-228.160Prohibited Practices

69B-228.180Forms

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 152, August 5, 2016 issue of the Florida Administrative Register.

69B-228.040 Course Providers.

(1) through (2) No change.

(3) Provider Requirements.

(a) through (b) No change.

(c) Providers shall maintain the records of each individual course offering for 5 years from the end date including, but not limited to:

1. through 6. No change.

7. All supplemental course materials.

8. All written correspondence with students.

(d) through (f) No change.

(4) No change.

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, 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) No change.

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

(a) No change.

(b) The school official or supervising instructor has had a license revoked by this state or any other state, country or territory. 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) through (e) No change.

(3) No change.

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, 648.385, 648.386, 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.

(1) No change.

(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) or (b) or (c) below; and not disqualified pursuant to paragraph (2)(c) (d) below.

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

1. through 4. No change.

5. Be a member of the Florida Bar with 2 years experience litigating in the subject matter; or

56. Membership in The Florida Bar 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. through 4. No change.

(c) 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.:

(c)(d) A provider shall not authorize an instructor to teach an approved course if:

1. The instructor has had a license revoked by this state or any other state, country or territory 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. through 5. No change.

(3) No change.

(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) No change.

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

(5) through (10) No change.

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, 2-28-95, 4-29-01, Formerly 4-228.060, Amended 1-17-05, __________.

 

69B-228.080 Course Approval; Requirements; Guidelines.

(1) through (2) No change.

(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. All supplemental course materials given to students Any other course specific material requested by the Department.

3. through 4. No change.

(4) Additional Requirements for Seminar Courses:

(a) through (b) No change.

(c) Providers shall submit the following:

1. through 3. No change.

4. All supplemental course materials given to students Any other course specific material requested by the Department.

(5) Additional Requirements for Online and Correspondence Courses:

(a) through (b) No change.

(c) The provider shall submit the following:

1. through 3. No change.

4. An outline with corresponding course content referenced by page number.

5. Quiz questions for each chapter with correct answers identified and referenced to course content by page number.

6. Bank of exam questions with correct answers identified and referenced to course content by page number.

7. Upon completion, each student is required to sign an acknowledgement verifying that the final exam was completed unassisted and 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.

(d) All supplemental course materials given to students Any other course specific material requested by the Department.

(6) through (11) No change.

(12)(a) Approval of courses which have not been offered for a period of 2 years from the end date for the course stated in the Course Offering Application shall expire.

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

(c) No change.

(13) Self-Study Examinations.

(a) through (h) No change.

(i) Self-study exams may not include:

1. No change.

2. Obvious or tricky questions.

23. Question stems that:

a. through c. No change.

d. Provide clues about the correct answer.

e. Are misleading or overly complicated.

3.4. Answer choices that:

a. through d. No change.

e. Are not clear and concise.

f. Are misleading or overly complicated.

g. Are not mutually exclusive.

h. Are obviously correct or incorrect.

(14) A 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) through (c) No change.

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), 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, __________.

 

69B-228.150 Advertising.

(1) through (5) No change.

(6) Advertising of continuing education shall not include any sales promotion wording for any entity other than the course provider listed on the offering submitted to 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, or instructor or any personnel under their purview, shall not:

(a) through (y) No change.

(2) No change.

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 __________.

 

The following Privacy Statement has been added to the forms that are incorporated in Rule 69B-228.180, F.A.C., Instructor Application, Certification of Completion, Attendance Roster Detail, Provider Application, and School Official/Supervising Instructor Application:

 

Privacy Statement

Pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a, the State is responsible for informing you whether disclosure of your social security number is mandatory or voluntary, by what statutory or other authority your social security number is solicited, and what uses will be made of your social security number.  Under § 119.071(5)(a)2., F.S., a state agency may collect your social security number if the collection is specifically authorized by law or if it is imperative for the performance of the agency’s duties and responsibilities as prescribed by law.

 

Disclosure of your social security number on this form is voluntary and imperative for the performance of the agency’s duties and responsibilities under § 119.071(5)(a)2.a.(II), § 626.2816, and § 626.2817, F.S.

 

The purposes for the requested information are to verify the identity of an applicant, to conduct criminal and disciplinary history background checks, and to determine if the applicant has the knowledge, competence, and integrity to fulfill the continuing education and prelicensing education objectives of § 626.2815, § 626.2816, § 626.2817, § 626.869, § 626.385, and § 626.386, F.S. Your social security number is confidential and exempt from the disclosure requirements of § 119.07(1), F.S., and § 24(a), Article I of the Florida Constitution and will not be used for any purpose other than the purposes provided herein, or as otherwise authorized under § 119.071(5)(a), F.S.

 

A copy of this Privacy Statement is provided to you as required by § 119.071(5)(a)3., F.S.