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Florida Administrative Code (Last Updated: June 27, 2024) |
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69. Department of Financial Services |
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69O. OIR – Insurance Regulation |
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69O-136. Application Procedures For Companies Seeking To Do Business In Florida |
1(1) Application for Certificate of Authority.
7(a) An application for a person applying for a certificate of authority for a 21continuing care provider 24consists of the following:
281. Form OIR-C1-473, “Application for Certificate of Authority for a Continuing Care Provider,” effective 07/23, 44hereby incorporated by reference and available at 51http://www.flrules.org/Gateway/reference.asp?No=Ref-16309;
532. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100, F.A.C.;
633. 64Form OIR-C1-905, “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at 82https://www.flrules.org/Gateway/reference.asp?No=Ref-14451;
844. Form OIR-C1-938, 87incorporated by reference in Rule 69O-136.100, F.A.C.;
945. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100, F.A.C.;
1046. Form OIR-C1-0500, incorporated by reference in Rule 69O-136.100, F.A.C.;
1147. Form OIR-C1-0501, incorporated by reference in Rule 69O-136.100, F.A.C.;
1248. Form OIR-C1-0502, incorporated by reference in Rule 69O-136.100, F.A.C.;
1349. Form OIR-C1-0503, incorporated by reference in Rule 69O-136.100, F.A.C.;
14410. Form OIR-C1-0504, incorporated by reference in Rule 69O-136.100, F.A.C.;
15411. Form OIR-C1-0505, incorporated by reference in Rule 69O-136.100, F.A.C.;
16412. Form OIR-C1-0506, incorporated by reference in Rule 69O-136.100, F.A.C.;
17413. Form OIR-C1-0507, incorporated by reference in Rule 69O-136.100, F.A.C.;
18414. Form OIR-C1-0509, incorporated by reference in Rule 69O-136.100, F.A.C.; and
19515. Form OIR-C1-2221, 198incorporated by reference in Rule 69O-136.100, F.A.C.
205(b) A person applying for a certificate of authority as a continuing care provider shall submit forms in paragraph (1)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
240(2) Application for Provisional Certificate of Authority.
247(a) 248An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following:
2691. Form OIR-C1-471, “Application for Provisional Certificate of Authority for a Continuing Care Provider,” effective 7/23, hereby incorporated by reference and available at 293http://www.flrules.org/Gateway/reference.asp?No=Ref-16310;
2952. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;
3043. Form OIR-C1-905, 307incorporated by reference in Rule 69O-136.100;
3134. Form OIR-C1-938, 316incorporated by reference in 320Rule 69O-136.100;
3225. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and
3326. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.
341(b) 342A person applying for 346a provisional certificate of authority as a continuing care provider 356shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
377(3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority.
389(a) 390A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following:
4121. Form OIR-C1-2220, “Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider,” effective 07/23, hereby incorporated by reference and available at 441http://www.flrules.org/Gateway/reference.asp?No=Ref-16311;
4432. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;
4523. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
4614. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
4705. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and
4806. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.
489(b) A person filing a consolidated application for provisional certificate of authority and certificate of authority for a continuing care provider shall submit forms in paragraph (3)(a) as directed by the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://www.floir.com/iportal.
531(4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider.
552(a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following:
5751. Form OIR-C1-2219, “Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider,” effective 07/23, hereby incorporated by reference and available at 608http://www.flrules.org/Gateway/reference.asp?No=Ref-16312;
6102. Form OIR-C1-144, incorporated by reference in Rule 69O-136.100;
6193. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
6284. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
6375. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100; and
6476. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100.
656(b) A person applying for simultaneous acquisition of a continuing care facility and issuance of a certificate of authority shall submit forms in paragraph (4)(a) as directed by the Office electronically at https://www.floir.com/iportal.
689(c) Disclaimer of Control
6931. A person may attempt to rebut a presumption of control pursuant to Section 707651.0245, F.S., 709by electronically filing at https://www.floir.com/iportal one of the following forms, which may be obtained from https://www.floir.com/iportal, with the Office:
728a. Form OIR-C1-1467, incorporated by reference in Rule 69O-136.100;
737b. Form OIR-C1-1468, incorporated by reference in Rule 69O-136.100;
746c. Form OIR-C1-2211, incorporated by reference in Rule 69O-136.100.
7552. A person may attempt to rebut a presumption of control pursuant to section 769651.0245, F.S., 771by filing a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 79217 C.F.R. s. 240.13d-1, 796under the Securities Exchange Act of 1934, as amended, to the Office electronically at https://www.floir.com/iportal.
8113. Pursuant to Section 815651.0245(6), F.S., 817the Office is authorized to disallow a disclaimer of control filed pursuant to subparagraphs (4)(c)1. and (4)(c)2.
834(5) Application for Expansion.
838(a) An application for a person applying for expansion of a certificated continuing care facility consists of the following:
8571. Form OIR-C1-2218, “Application for Expansion of a Certificated Continuing Care Facility,” effective 07/23, hereby incorporated by reference and available at 879http://www.flrules.org/Gateway/reference.asp?No=Ref-16313;
8812. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
8903. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100;
8994. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100; and
9095. Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100.
918(b) A person applying for expansion of a certificated continuing care facility shall submit forms in paragraph (5)(a) as directed by the Office 941electronically at https://www.floir.com/iportal. 944The forms may be obtained from https://www.floir.com/iportal.
951(6) Manager or Management Company.
956(a) To comply with the filing requirements of Section 965651.043(2), F.S., 967for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following:
9951. Form OIR-C1-905, incorporated by reference in Rule 69O-136.100;
10042. Form OIR-C1-938, incorporated by reference in Rule 69O-136.100; and
10143. Form OIR-C1-1423, incorporated by reference in Rule 69O-136.100.
10234. A copy of the written management contract, if applicable.
1033(b) The documents in paragraph (6)(a) shall be submitted to the Office electronically at https://www.floir.com/iportal. The forms may be obtained from https://floir.com/iportal.
1055Rulemaking Authority 1057651.015(3), 1058651.021(2), 1059651.022(2), 1060651.0245(3), 1061(5), (6), 1063651.0246(1), 1064651.043 1065FS. Law Implemented 1068651.0215, 1069651.022, 1070651.023, 1071651.024, 1072651.0245, 1073651.0246 1074FS. History–New 7-16-92, Formerly 4-193.003, Amended 3-12-20, 7-21-22, 1-17-24, Formerly 108469O-193.003.
