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FL
237123
5-Hour Law and Ethics Update - Bail Bonds - CE5-237
Section
1
REGULATORY AWARENESS
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Appointment
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[<font face = "Times New Roman" size = "3">] [<i>] [<b>]Florida Administrative Code 69B-211.004 Appointment Renewal Procedure[</b>] (1) Purpose. The purpose of this rule is to establish procedures for persons seeking the biennial renewal of appointments to transact insurance pursuant to the Florida Insurance Code. Additionally, this rule sets forth the fees that will be assessed to individual and entities that file appointment renewals after the time frames specified by statute and this rule. [<p />] (2) Scope. This rule applies to all persons submitting a request for renewal of appointments as an agent, customer representative, adjuster, service representative, managing general agent, title insurance agent, sales representative, reinsurance intermediary, or bail bond agent, and shall govern the renewal of appointments pursuant to the authority set forth in Sections 626.371, 626.381, 626.532, 626.843, 626.7492 and 648.383, F.S. [<p />] (4) Term of appointments. (a) In the case of natural persons, new appointments or appointments being continued, which are effectuated in a licensee’s birth month, shall expire 24 months later on the last day of the licensee’s birth month and shall be subject to renewal at that time by the entity for which they are appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date. [<p />] (b) In the case of entities other than natural persons, new appointments or appointments being continued, which are effectuated in the same month a licensee was first licensed as an insurance representative, shall expire 24 months later on the last day of the licensee’s license issue month and shall be subject to renewal at that time by the entity for which they are appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date. [<p />] [<b>]Florida Administrative Code 69B-211.005 Fees[</b>] (1) The Department is authorized to charge certain fees payable by applicants and others, in amounts sufficient to cover the actual cost of the service provided. The Department has determined the costs of the following services: [<p />] (a) Fingerprint processing fee for each fingerprint card submitted $64[<br/>] (b) Exam fee for each exam scheduled $56[<br/>] (2) The fees listed in subsection (1), above, shall be made payable to the “Florida Department of Financial Services.” The fees are payable in advance of the service provided and are not refundable. [<p />] [<b>]Florida Administrative Code 69B-211.007 Effective Date of Termination of Appointment[</b>] (1) When an appointing entity terminates the appointment of an appointee in accordance with Section 626.471(4), Florida Statutes, and files written notice of such termination with the Department in accordance with Section 626.471(4), Florida Statutes, the Department shall terminate the appointment in accordance with Section 626.471(5), Florida Statutes. The date of such termination on Department records shall be the effective date of such termination as indicated by the appointing entity in its filing with the Department or, if no date is indicated, the date on which the Department received the filing. [<p />] (2) When an appointee terminates the appointment with an appointing entity in accordance with Section 626.471(4), Florida Statutes, and files written notice of such termination with the Department in accordance with Section 626.471(4), Florida Statutes, the Department shall terminate the appointment in accordance with Section 626.471(5), Florida Statutes. The date of such termination on Department records shall be the effective date of such termination as indicated by the appointee on their filing with the Department or, if no date is indicated, the date on which the Department received the filing. [<p />] (3) With respect to contracts currently in force the provisions of this rule shall be subject to the appointee’s contract rights. [<p />] [<b>]Florida Administrative Code 69B-211.022 Character and Credit Reports Required[</b>] The following provisions shall govern, as a minimum, the full detailed character and credit report required under Section 626.521, Florida Statutes: [<p />] (1) As to each applicant, the insurer or the employer, as the case may be, shall coincidentally with appointment or employment secure and thereafter keep on file a full detailed credit and character report made by an established and reputable independent credit reporting service, relative to the individual if a natural person or its principals in the case of a corporation or other legal entity, so appointed or employed. The insurer or employer shall retain the report for no less than three years from the date of termination of appointment or the date of termination of employment. Form DFS-H2-38,” Summary Character and Credit Report,” rev. 1/90, shall include but is not limited to the following information: [<p />] (a) A certification indicating whether the applicant has pled guilty or nolo contendere to or has been found guilty of a felony and reflecting that the applicant has been thoroughly investigated as to his or her integrity, character and credit. The certification shall be based in part upon information obtained from a request for inspection and examination of the Florida Department of Law Enforcement’s public records pursuant to Section 119.07, Florida Statutes, relating to the applicant’s criminal history. [<p />] (b) Information relating to the applicant’s identification including: [<p />] 1. Any name the applicant is known by other than his or her legal name. [<p />] 2. Any Social Security numbers used by the applicant other than his or her legal one if such is known. [<p />] 3. Any discrepancy of birth date or birth records if such exists on documents available for birth. [<p />] (c) Personal information including criticism of character, habits or financial difficulties, if any. [<p />] (d) A brief summary of the character and credit report on the applicant and the source of this information.