DEPARTMENT OF FINANCIAL SERVICES
RULE NOS.:RULE TITLES:
69O-136.002Foreign and Alien Insurers Filing for a Certificate of Authority
69O-136.004Surplus Lines
69O-136.006Domestic Insurers Filing for an Application for Permit
69O-136.007Redomestication Procedure
69O-136.011Domestic Insurers Filing for a Certificate of Authority
69O-136.012Forms Adopted
69O-136.015Procedure to Amend an Existing Certificate of Authority to Add a New Line of Business
69O-136.018Determination of Eligibility to Operate as an Alien Insurer in Florida pursuant to Section 624.402(8), F.S.
69O-136.031Registration as a Purchasing Group
69O-136.032Registration as a Risk Retention Group
69O-136.034Uniform Certificate of Authority Expansion Application
69O-136.080Mergers and Acquisition of Controlling Stock of a Florida Domestic Insurer
69O-136.090Merger, Consolidation, or Acquisition of Controlling Stock, Ownership Interests, Assets, or Control of a Specialty Insurer
69O-136.100Forms Incorporated by Reference
PURPOSE AND EFFECT: OIR is updating chapter 69O-136.
SUMMARY: The forms and rules for applications are amended and updated. The manner to submit applications to the Office has been updated. Rules 69O-136.012 and 69O-136.034 are repealed.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.
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.
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:
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, 624.413(1), 627.954, 628.461(13), 628.4615(15), 628.535 FS
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Lawrence, Jr., Chief Legal Counsel, Office of Insurance Regulation, Michael.LawrenceJr@floir.com, (850)413-4112.
THE FULL TEXT OF THE PROPOSED RULE IS:
69O-136.002 Foreign and Alien Insurers Filing for a Certificate of Authority.
Substantial rewording of Rule 69O-136.002, F.A.C. follows. See Florida Administrative Code for present text.
All foreign or alien entities seeking a certificate of authority shall comply with the requirements of sections 624.404, 624.413, and related Florida Statutes. Each applicant shall comply with the instructions contained in the Uniform Certificate of Authority Expansion Application and any other requirements listed or referenced in the Uniform Certificate of Authority Expansion Application package, Form OIR-C1-1413. Such filings shall not exempt a foreign or alien insurer from any requirements under Florida law.
(1) Applicants shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-1413, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-1414, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-1422, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;
(q) Form OIR-C1-1424, incorporated by reference in Rule 69O-136.100, F.A.C.;
(r) Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C.;
(s) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;
(t) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;
(u) Form OIR-D0-904, incorporated by reference in Rule 69O-136.100, F.A.C.;
(v) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(w) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) Applicants must also submit:
(a) A certificate of compliance certified by the domiciliary regulator.
(b) A certificate of deposit certified by the domiciliary regulator.
Rulemaking Authority 624.308(1), 624.413(1), 628.535 FS. Law Implemented 624.307(1), 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.501, 628.161, 628.907 FS. History–New 2-26-92, Amended 9-19-00, 11-18-02, Formerly 4-136.002. Amended ______.
69O-136.004 Surplus Lines.
Substantial rewording of Rule 69O-136.004, F.A.C. follows. See Florida Administrative Code for present text.
Applications submitted as an insurer under Florida’s Surplus Lines Law, pursuant to section 626.913, Florida Statutes, shall contain all of the following forms.
(1) Applicants shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-916, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e)Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(p) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) All the forms listed in subsection (1) may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal.
Rulemaking Authority 624.308(1), 626.918(1) FS. Law Implemented 624.307(1), 624.34, 624.422, 624.501, 626.913, 626.918 FS. History–New 2-26-92, Amended 9-19-00, 11-18-02, Formerly 4-136.004. Amended _____.
69O-136.006 Domestic Insurers Filing for an Application for Permit and Subsequent Certificate of Authority
Substantial rewording of Rule 69O-136.006, F.A.C. follows. See Florida Administrative Code for present text.
(1) All domestic insurers filing an Application for Permit, pursuant to Chapter 628, F.S., for the following: domestic property and casualty insurers, title insurers, and life and health insurers, pursuant to Section 628.051, F.S. except for domestic reciprocal insurers which are addressed in (2); domestic assessable mutual insurers, pursuant to section 628.051, F.S, and Domestic Captive Insurers, pursuant to Chapter 628, Part III, F.S., shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-0521, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-0520, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-1422, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(p) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;
(q) Form OIR-C1-1522, incorporated by reference in Rule 69O-136.100, F.A.C.;
(r) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;
(s) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;
(t) Form OIR-D0-904, incorporated by reference in Rule 69O-136.100, F.A.C.;
(u) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(v) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) All domestic reciprocal insurers filing an Application for Permit and a subsequent certificate of authority, pursuant to sections 628.051, F.S, and Chapters 624 and 629, F.S., shall shall follow the directions on, or otherwise submit, the following forms:
(k) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(a) Form OIR-C1-908, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(p) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;
(q) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;
(r) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;
(s) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(t) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.
(3) Once applicant has received a permit from the Office pursuant to section 1 or 2 above, it shall submit Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C., as well as any other documents required in the permit. Once it has submitted all documents, satisfied the permit conditions, and is otherwise in compliance with Florida law, applicant will be granted a certificate of authority.
Rulemaking Authority 624.308(1), 624.413(1), 628.051(2), 628.535 FS. Law Implemented 624.307(1), 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.501, 628.051 FS. History–New 2-26-92, Amended 9-19-00, 11-18-02, Formerly 4-136.006. Amended _____.
69O-136.007 Redomestication Procedure
Substantial rewording of Rule 69O-136.007, F.A.C. follows. See Florida Administrative Code for present text.
(1) Any insurer which is organized under the laws of any other state for the purpose of writing insurance may apply for a certificate of authority as a domestic insurer in this state and shall comply with all of the requirements relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in this state upon approval by the Office.
(2) A retaliatory application fee shall be submitted pursuant to section 624.5091, F.S. The retaliatory fee is the greater of:
(a) The amount that the applicant's domiciliary state or country would charge a Florida domestic insurer making application in the applicant's state or country of domicile; or
(b) The Florida application fee pursuant to section 624.501(1)(a), F.S.
(3) Any insurer seeking a certificate of authority as a domestic insurer in this state shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-0521, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-0520, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;
(p) Form OIR-C1-1422, incorporated by reference in Rule 69O-136.100, F.A.C.;
(q) Form OIR-C1-1522, incorporated by reference in Rule 69O-136.100, F.A.C.;
(r) Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C.;
(s) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;
(t) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;
(u) Form OIR-D0-904, incorporated by reference in Rule 69O-136.100, F.A.C.;
(v) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(w) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.
Rulemaking Authority 624.308(1), 624.413(1), 628.051(2), 628.801(1), 628.535 FS. Law Implemented 624.307(1), 624.401, 624.404, 624.413, 624.501(1), 628.051, 628.061, 628.520, 628.801 FS. History–New 6-7-90, Formerly 4-106.002, Amended 5-12-94, Formerly 4-143.061, 69O-143.061. Amended _____.
69O-136.011 Commercial Self-Insurance Funds Domestic Insurers Filing for a Certificate of Authority.
Substantial rewording of Rule 69O-136.011, F.A.C. follows. See Florida Administrative Code for present text.
(1) Applicants for a certificate of authority as a commercial self-insurance fund pursuant to section 624.462, F.S., shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-845, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(s) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) All the forms listed in subsection (3) above may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal. Forms relating to specific kinds of insurance are to be submitted only by companies issuing policies relating to the kind of insurance specified.
Rulemaking Authority 624.308(1), 624.466 FS. Law Implemented 624.307(1), 624.462, 624.464, 624.466 FS. History–New 2-26-92, Amended 9-19-00, 11-18-02, Formerly 4-136.011. Amended, ___.
69O-136.012 Forms Adopted.
Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 624.34, 624.401, 624.404, 624.413, 624.422, 624.462, 624.466, 624.501, 626.913, 628.6011, 628.051, 628.061 FS. History–New 2-26-92 Amended 9-19-00, Formerly 4-136.012. Repealed _____.
69O-136.015 Corporate Amendment Procedure Procedure to Amend an Existing Certificate of Authority to Add a New Line of Business
Substantial rewording of Rule 69O-136.015, F.A.C. follows. See Florida Administrative Code for present text.
(1) This rule applies to all authorized insurers, as defined in section 624.09, F.S.
(2) Any insurer seeking to add or delete a line of insurance on an existing certificate of authority, file a name change, redomesticate (between foreign jurisdictions only), change its statutory home office address, merge two or more foreign insurers, file a change of control of a foreign insurer, amend its articles of incorporation, amend its bylaws, change its address or contact notification, or amend its Service of Process shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-0508, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-0510, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-0511, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-0512, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-0522, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-B2-1093, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(h) Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C.
(3) Since the addition of any new line of business to a company’s certificate of authority may impact the company’s surplus and/or writing ratios, any such request to amend an existing certificate will be carefully evaluated by applying current standards required of an insurer seeking a certificate of authority from this state. The Office shall not authorize the addition of any lines of insurance to an insurer’s existing certificate of authority unless evidence is presented satisfactory to the Office that authorization of the additional lines of insurance would be in the best interests of the financial solvency of the insurer and in the best interests of the policyholders.
(4) All the forms listed in subsection (2) may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal.
Rulemaking Authority 624.308(1), 624.413(1), 628.535 FS. Law Implemented 624.09, 624.307(1), 624.404, 624.408, 624.413, 624.414, 624.416(4), 624.501(20), 624.610(11), 627.6488(1) FS. History–New 3-30-92, Amended 9-2-96, Amended 9-19-00, 11-18-02, Formerly 4-136.015. Amended _____.
69O-136.018 Determination of Eligibility to Operate as an Alien Insurer in Florida Pursuant to Sections 624.402(8) or 624.402(9), F.S.
Substantial rewording of Rule 69O-136.018, F.A.C. follows. See Florida Administrative Code for present text.
(1) The below are to be used in determination of eligibility to operate as an Alien Insurer pursuant to section 624.402(8) F.S. Applicants shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-2176, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(c) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) The below are to be used in determination of eligibility to operate as an Alien Insurer pursuant to section 624.402(9), F.S. Applicants shall comply with the directions on, or otherwise submit, Form OIR-C1-1654, incorporated by reference in Rule 69O-136.100, F.A.C.
(3) The forms listed in subsections (1) and (2) may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal.
Rulemaking Authority 624.308(1) FS. Law Implemented 627.307(1), 624.402 FS. History–New 5-25-06. Amended ______.
69O-136.031 Registration as a Purchasing Group.
Substantial rewording of Rule 69O-136.031, F.A.C. follows. See Florida Administrative Code for present text.
(1) All entities seeking registration as a purchasing group shall comply with the requirements of section 627.948, F.S., and shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-515, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(b) Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) All domestic entities, as well as any foreign entities whose officers or directors collect premiums, shall comply with the directions on, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(m) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.
(3) In addition to the information required on the forms in subsection (1) & (2) above, the entity shall:
(a) Identify all other states in which the group is currently registered;
(b) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; and,
(c) Provide such other information as is necessary for the Office to determine whether the persons through whom insurance will be offered meet the standard set forth in section 626.611(14), F.S.
(4) During the pendency of the application, if any of the information submitted in response to the requirements of this rule changes, the entity shall notify the Office of the change within ten days of the change.
(5) All the forms listed in subsection (1) & (2) may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal.
Rulemaking Authority 624.308(1), 627.954 FS. Law Implemented 624.307(1), 627.948 FS. History–New 1-30-91, Formerly 4-107.002, Amended 9-19-94, Amended 9-19-00, 11-18-02, Formerly 4-136.031. Amended ____.
69O-136.032 Registration as a Risk Retention Group.
Substantial rewording of Rule 69O-136.032, F.A.C. follows. See Florida Administrative Code for present text.
(1) All foreign entities seeking licensure as a risk retention group shall comply with the requirements of section 627.944, F.S., as applicable, and shall comply with the directions on, or otherwise submit, Form OIR-C1-513, incorporated by reference in Rule 69O-136.100, F.A.C.
(2) The form listed in subsection (1) may be obtained from the Office’s website at http://www.floir.com and shall be submitted electronically via the Office’s iApply system at https://www.floir.com/iportal.
(3) Applicants shall also submit:
(a) A copy of each examination of the risk retention group as certified by the innsurance commissioner or public official conducting the exam;
(b) A copy of any audit performed with respect to the risk retention group; and
(c) A certificate of compliance or licensing letter from the state of domicile dated within the last year.
(4) Applicants should not conduct business in this state until notified by the Office that the registation is complete.
(5) All domestic applicants applying pursuant to section 627.943, F.S, shall comply with the directions in Rule 69O-136.006(1) & (3) for domestic insurers.
Rulemaking Authority 624.308(1), 627.954 FS. Law Implemented 624.307(1), 627.943, 627.944, FS. History–New 1-30-91, Formerly 4-107.003, 4-136.032. Amended ______.
69O-136.034 Uniform Certificate of Authority Expansion Application.
Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 624.316(2)(b), 624.321(1)(a), 624.34, 624.401, 624.404, 624.407, 624.413, 624.422, 624.501, 626.9891, 628.161, 628.907 FS. History–New 12-3-00, Formerly 4-136.034. Repealed ______.
69O-136.080 Mergers and Acquisition of Controlling Stock of a Florida Domestic Insurer.
(1) Any person acquiring a Florida domestic insurer pursuant to section 628.461, F.S., shall comply with the instructions contained on Form OIR-C1-918, incorporated by reference in Rule 69O-136.100, F.A.C., and shall also comply with directions, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-918, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o)(f) Form OIR-C1-1524, incorporated by reference in Rule 69O-136.100, F.A.C., if required as per the instructions in Form OIR-C1-918;
(p) Form OIR-C1-2069, incorporated by reference in Rule 69O-136.100, F.A.C.;
(q)(g) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-D0-516, incorporated by reference in Rule 69O-136.100, F.A.C.;
(r)(i) Form OIR-D0-896, incorporated by reference in Rule 69O-136.100, F.A.C.;
(s)(j) Form OIR-D0-904, incorporated by reference in Rule 69O-136.100, F.A.C.;
(t)(k) Form OIR-D0-2119, incorporated by reference in Rule 69O-136.100, F.A.C.;
(u)(l) Form OIR-D0-2165, incorporated by reference in Rule 69O-136.100, F.A.C.; and
(v)(m) Prior to a final decision on whether to approve the proposed acquisition, the Office shall request such other information as is necessary, depending on the facts and circumstances of the specific persons and entities involved, pursuant to section 628.461(3), F.S., to determine the character, experience, ability, and other qualifications required by statute, of the person or affiliated person of such person for the protection of the policyholders and shareholders of the insurer and the public. The Office shall make no final decision on any proposed acquisition without complete information, as required by section 628.461, F.S.
(2) through (7) No change.
Rulemaking Authority 624.308(1), 624.413(1), 628.461(13), 628.535 FS. Law Implemented 624.307(1), 624.34, 624.404, 624.413, 624.424(6), 624.501, 624.5091, 628.451, 628.461, 628.471, 628.801 328.801, 641.255 FS. History–New 6-7-90, Formerly 4-109.002, Amended 5-12-94, 11-7-00, Formerly 4-143.056, Amended 5-31-16, Formerly 69O-143.056, Amended 7-21-22, _________.
69O-136.090 Merger, Consolidation, or Acquisition of Controlling Stock, Ownership Interests, Assets, or Control of a Specialty Insurer.
(1) Any person acquiring a specialty insurer pursuant to section 628.4615, F.S., shall comply with the instructions contained on Form OIR-C1-448, incorporated by reference in Rule 69O-136.100, F.A.C., and shall also comply with directions, or otherwise submit, the following applicable forms:
(a) Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-448, incorporated by reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-905, incorporated by reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-938, incorporated by reference in Rule 69O-136.100, F.A.C.;
(e) Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
(f) Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
(g) Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
(h) Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
(i) Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
(j) Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
(k) Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
(l) Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
(m) Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
(n) Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.;
(o) Form OIR-C1-2069, incorporated by reference in Rule 69O-136.100, F.A.C.;
(p)(f) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.; and,
(q)(g) In addition, prior to a final decision on whether to approve the proposed acquisition, the Office shall request such other information as is necessary, depending on the facts and circumstances of the specific persons and entities involved, pursuant to section 628.4615(4), F.S., to determine the character, experience, ability, and other qualifications required by statute, of the person or affiliated person of such person for the protection of the policyholders and shareholders of the insurer and the public. The Office shall make no final decision on any proposed acquisition without complete information, as required by section 628.4615, F.S.
(2) through (6) No change.
Rulemaking Authority 624.308(1), 628.4615(15), 628.535 FS. Law Implemented 624.307(1), 624.34, 624.424(6), 624.501, 624.5091, 626.9928, 628.451, 628.4615, 628.471 634.252, 634.3073, 634.4085, 636.065, 641.255, 641.416, 642.032, 651.024, 651.0245 FS. History–New 7-21-22.
69O-136.100 Forms Incorporated by Reference.
(1) No change.
(2)(a) Form OIR-B1-PCR3, “Filing requirements Advisory Organization,” effective 7/23, hereby incorporated by reference and available at www.flrules.org/XXXXX, electronically at https://www.floir.com/iportal.
(b) Form OIR-B2-1093, “Small Employer Carrier’s Application to Become a Risk Assuming Carrier or a Reinsuring Carrier, as Required by Section 627.6699(9), Florida Statutes,” effective 7/23, available at www.flrules.org/XXXXX.
(c)(a) Forms OIR-C1
1. Form OIR-C1-0500, “UCAA Biographical Affidavit Addendum Blank,” effective 7/23, available at www.flrules.org/XXXXX;
2. Form OIR-C1-0501, “UCAA Biographical Affidavit Addendum Education,” effective 7/23, available at www.flrules.org/XXXXX;
3. Form OIR-C1-0502, “UCAA Biographical Affidavit Addendum Employment,” effective 7/23, available at www.flrules.org/XXXXX;
4. Form OIR-C1-0503, “UCAA Biographical Affidavit Addendum General,” effective 7/23, available at www.flrules.org/XXXXX;
5. Form OIR-C1-0504, “UCAA Biographical Affidavit Addendum Licenses,” effective 7/23, available at www.flrules.org/XXXXX;
6. Form OIR-C1-0505, “UCAA Biographical Affidavit Addendum Professional,” effective 7/23, available at www.flrules.org/XXXXX;
7. Form OIR-C1-0506, “UCAA Biographical Affidavit Addendum Residence,” effective 7/23, available at www.flrules.org/XXXXX;
8. Form OIR-C1-0507, “UCAA Biographical Affidavit Addendum Societies,” effective 7/23, available at www.flrules.org/XXXXX;
9. Form OIR-C1-0508, “Uniform Certificate of Authority Application (UCAA) Affidavit of Lost Certificate of Authority,” effective 7/23, available at www.flrules.org/XXXXX;
10. Form OIR-C1-0509, “Uniform Certificate of Authority Application (UCAA) Biographical Affidavit Cover Letter Holding Company Structure,” effective 7/23, available at www.flrules.org/XXXXX;
11. Form OIR-C1-0510, “Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Application to Amend Certificate of Authority,”
12. Form OIR-C1-0511, “Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Checklist for Corporate Amendments Application Only,”
13. Form OIR-C1-0512, “Uniform Certificate of Authority Application Questionnaire for Adding or Deleting Lines of Business to an Existing Certificate of Authority,”
14. Form OIR-C1-0520, “Uniform Certificate of Authority Application (UCAA) Primary Application Checklist for Primary Application Only” effective 7/23, available at www.flrules.org/XXXXX;
15. Form OIR-C1-0521, “Uniform Certificate of Authority Application (UCAA) Primary Application” effective 7/23, available at www.flrules.org/XXXXX; “Uniform Certificate of Authority Application (UCAA) Change of Mailing Address/Contact Notification Form,” effective 7/23,
15. Form OIR-C1-0522, available at www.flrules.org/XXXXX; “Uniform Certificate of Application (UCAA) Change of Mailing Address/Contact Notification Form,” effective 7/23, available at www.flrules.org/XXXXX;
16. 1. Form OIR-C1-144, “Service of Process Consent & Agreement,” effective 6/04, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14435;
17. Form OIR-C1-1424, “Florida Specific Information,” effective XX/XX, available at www.flrules.org/XXXXX;
182. Form OIR-C1-448, “Application for Acquisition of Controlling Stock, Ownership Interest, Assets, or Control of a Florida Specialty Insurer; Merger or Consolidation,” effective 7/21, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14436;
19. Form OIR-C1-513, “Application for Registration as a Risk Retention Group,” effective 7/23, available at www.flrules.org/XXXXX;
20. Form OIR-C1-515, “Application for Registration as a Risk Purchasing Group,” effective 5/17, available at www.flrules.org/XXXXX;
21. Form OIR-C1-845, “Application for Certificate of Authority Commercial Self-Insurance Fund,” effective 7/23, available at www.flrules.org/XXXXX;
22.3. Form OIR-C1-905, “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14437;
23. Form OIR-C1-908, “Application for Certificate of Authority Domestic Reciprocal Insurer,” effective 7/23, available at www.flrules.org/XXXXX;
24. Form OIR-C1-916, “Application for Eligibility as a Surplus Lines Insurer,” effective 7/23, available at www.flrules.org/XXXXX;
25.4. Form OIR-C1-918, “Application for Acquisition of Controlling Stock of a Florida Domestic Insurer,” effective 7/21, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14438;
26.5. Form OIR-C1-938, “Fingerprint Payment and Submission Procedure,” effective 6/20, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14439;
27. Form OIR-C1-1413, “Uniform Certificate of Authority Application (UCAA) Expansion Application,” effective 7/23, available at www.flrules.org/XXXXX;
28. Form OIR-C1-1414, “Uniform Certificate of Authority Application (UCAA) Expansion Application Checklist For Expansion Application Only,” effective 7/23, available at www.flrules.org/XXXXX;
29.6. Form OIR-C1-1416, “Uniform Certificate of Authority Application (UCAA) Lines of Insurance,” effective 7/23 1/20, available at available at www.flrules.org/XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-14440;
30. Form OIR-C1-1422, “Uniform Certificate of Authority Application Questionnaire,” effective 7/23, available at www.flrules.org/XXXXX;
31.7. Form OIR-C1-1423, “Uniform Certificate of Authority Application (UCAA) Biographical Affidavit,” effective 12/20, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14441
32. Form OIR-C1-1424, “Uniform Certificate of Authority Application,” effective 4/13, available at www.flrules.org/XXXXX;
33.8. Form OIR-C1-1467, “Disclaimer of Control - Individual,” effective 7/21, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14442
34.9. Form OIR-C1-1468, “Disclaimer of Control - Entity,” effective 7/21, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14443;
35. Form OIR-C1-1522, “Primary Application Florida Specific Information,” effective 5/17, available at www.flrules.org/XXXXX;
36.10. Form OIR-C1-1524, “Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process,” effective 12/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14444;
37. Form OIR-C1-1654, “Determination of Eligibility to Operate as an Alien Insurer in Florida Pursuant to Section 624.402(9), Florida Statutes,” effective 5/17, available at www.flrules.org/XXXXX;
38. Form OIR-C1-2069, “Letter of Notification,” effective 7/23, available at www.flrules.org/XXXXX;
39. Form OIR-C1-2176, “Letter of Notification/Registration to Operate as a Non-US Based (Alien) Insurer (also referred to as “Offshore Insurer”) in Florida Pursuant to Section 624.402(8), Florida Statutes,” effective 5/17, available at www.flrules.org/XXXXX;
40.11. Form OIR-C1-2211, “Disclaimer of Control – Investment Companies,” effective 7/21, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14445; and
41.12. Form OIR-C1-2221, “Management Information Form,” effective 6/20, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14446;.
42. Form OIR-C1-PCR1, “Application for License Rating Organization,” effective 7/23, hereby incorporated by reference and available at www.flrules.org/XXXXX; and
43. Form OIR-C1-PCR2, “License Renewal Rating Organization,” effective 7/23, hereby incorporated by reference and available at www.flrules.org/XXXXX, filed electronically at https://www.floir.com/iportal.
(d)(b) Forms OIR-D0
1. Form OIR-D0-516, “Form B Insurance Company System Annual Registration Statement,” effective 6/20, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14447;
1.2. Form OIR-D0-896, “UCAA Proforma Financial Statements, Property and Casualty Insurance Company,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14448;
2.3. Form OIR-D0-904, “UCAA Proforma Financial Statements, Life & Health Insurer,” effective 1/19, available at www.flrules.org/14449;
3.4. Form OIR-D0-2119, “UCAA Proforma Financial Statements, Title Insurance Company,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14593; and
4.5. Form OIR-D0-2165, “UCAA Proforma Financial Statements, Health,” effective 1/19, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14450.
Rulemaking Authority 624.308(1), 624.413(1), 628.461(13), 628.4615(15), 628.535 FS. Law Implemented 624.307(1), 624.34, 624.404, 624.413, 624.424(6), 624.501, 624.5091, 626.9928, 628.451, 628.461, 628.4615, 628.471, 628.801, 634.252, 634.3073, 634.4085, 636.065, 641.255, 641.416, 642.032, 651.024, 651.0245 FS. History–New 7-21-22. Amended _____.
NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Lawrence, Jr., Chief Legal 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 21, 2023
Document Information
- Comments Open:
- 9/25/2023
- Summary:
- The forms and rules for applications are amended and updated. The manner to submit applications to the Office has been updated. Rules 69O-136.012 and 69O-136.034 are repealed.
- Purpose:
- OIR is updating chapter 69O-136.
- Rulemaking Authority:
- 624.308, 624.413(1), 627.954, 628.461(13), 628.4615(15), 628.535 FS
- Law:
- 624.307, 624.316, 624.317, 624.318, 624.321, 624.324, 624.34, 624.401, 624.402, 624.404, 624.407, 624.408, 624.411, 624.413, 624.414, 624.416, 624.422, 624.424, 624.466, 624.501 624.5091, 624.610, 625.306, 626.611, 626.7451, 626.913, 626.918, 626.9928, 627.6488, 627.943, 627.944, 627.948, 628.041, 628.051, 628.061, 628.071, 628.081, 628.091, 628.121, 628.151, 628.161, 628.171, 628.221, 628.231, 628.251, 628.261, 628.451, 628.461, 628.4615, 628.471, 628.520, 628.6011 628.801, 628.907, 629.071, ...
- Related Rules: (14)
- 69O-136.002. Foreign and Alien Insurers Filing for a Certificate of Authority
- 69O-136.004. Surplus Lines
- 69O-136.006. Domestic Insurers Filing for an Application for Permit
- 69O-136.007. Redomestication Procedure
- 69O-136.011. Domestic Insurers Filing for a Certificate of Authority
- More ...