Current through Reg. 50, No. 187; September 24, 2024
(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.
(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.
(3) Definitions. For purposes of this rule,
the following definitions shall apply.
(a)
"Appointment" shall be as defined in section
626.015, F.S.
(b) "Continuation fee" is the fee an
appointing entity is charged to renew each licensee's appointment after the
expiration date of the appointment, but before the licensee's appointment is
cancelled.
(c) "Department" means
the Florida Department of Financial Services.
(d) "License" shall be as defined in section
626.015 and
648.279, F.S.
(e) "License Issue Month" means the month in
which the person or entity was first licensed by the Department. The license
issue month is the month during which all appointments shall expire and be
subject to renewal in accordance with the Florida Insurance Code and this
rule.
(f) "Renewal" shall mean the
continuation of an existing appointment for an additional period of
time.
(g) "Renewal notice" means an
electronic notification sent by the Department to the appointing entity for its
use in notifying the Department of persons to be renewed or not
renewed.
(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.
(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.
(c) Appointments effectuated
during any month other than the licensee's birth month in the case of natural
persons, or during the license issue month in the case of entities other than
natural persons, shall be valid for not less than 24 months and no longer than
36 months, which are the minimum and maximum number of months necessary to
convert the original issue month to the licensee's birth month or license issue
month, whichever the case may be, and expiring the last day of the licensee's
birth month or license issue month, whichever is applicable, and shall be
subject to renewal at that time by the entity for which the licensee is
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.
(5) Renewal Fees.
(a) All appointment renewal fees and taxes as
prescribed in section
624.501, F.S., shall be
submitted via the Department's online appointment system at
https://iportal.fldfs.com/eappoint/
and paid by electronic payment prior to any appointments being renewed.
However, appointments for bail bond agents shall be submitted on a form
prescribed by rule 69B-221.115, F.A.C., and paid
via a paper check. All checks shall be made payable to the "Florida Department
of Financial Services."
(b) Failure
by an appointing entity to submit and pay the renewal invoice with the required
renewal fees by the prescribed renewal date deadlines set forth by statute and
in this rule will require the payment of an additional $20 delinquency fee and
a $5 continuation fee by the appointing entity for each person listed on the
renewal notice. The appointing entity shall have 45 days from the last day of
the renewal period to renew a licensee's appointment late and pursuant to
payment of the normal appointment fee, the deliquency fee and the continuation
fee. Otherwise the licensee's appointment will be
cancelled.
(6) Filing
dates.
(a) The Department shall send an
electronic notification to the appointing entity to the email address on record
with the Department at least 90 days prior to the expiration date of an
appointment. Simultaneously, the renewal notice shall be sent to the appointing
entity's account in the Department's online appointment system.
(b) The Department shall send an electronic
notification to the appointing entity to the email address on record with the
Department on the first day of the appointment renewal month letting the
appointing entity know it can submit and pay the amount indicated on the
renewal invoice. The appointing entity shall have from the first day of the
renewal month to the last day of the renewal month to submit and pay for the
renewal invoice without being assessed the delinquency fee and continuation
fee. For example, on March 1, appointing entities may be notified they have
until March 31 to submit and pay for renewal invoices without being assessed
the delinquency fee and continuation fee.
(c) If an appointing entity fails to renew an
appointment during the renewal month, the Department shall send an electronic
notification to the appointing entity to the email address on record with the
Department on the first day of the month following an appointment expiration
date informing the appointing entity it has 45 days to renew the appointment.
If a renewal invoice is paid during this 45-day period, the appointing entity
shall pay, in addition to the normal appointment fee, a delinquency fee and a
continuation fee per appointment. For example, on April 1, appointing entities
who failed to submit and pay for their March renewal invoice shall be notified
by the Department that they have 45 days to renew appointments with a March 31
expiration date by paying a delinquency fee and a continuation fee per
appointment.
(d) If an appointing
entity fails to renew an appointment during the renewal month or in the 45-day
late renewal period immediately following the renewal month, the Department
shall send an electronic notification to the appointing entity to the email
address on record with the Department on the first day after the 45-day late
renewal period informing the appointing entity that the appointment was not
renewed and has been cancelled. The licensee whose appointment was cancelled
shall also receive such electronic notification at the email adddress on record
with the Department. If the appointing entity desires to re-appoint the
licensee, the appointing entity must submit a new appointment via the
Department's online appointment system. New appointments shall be dated
effective when services are first provided by the appointee to the appointing
entity or the first day after cancellation of a prior appointment if services
have been continuously provided by the appointee. If the new appointment's
requested effective date is more than 45 days earlier than the date it is
submitted to the Department, the appointing entity will be assessed a $250
original appointment delinquency fee per appointment. For example, on May 16,
appointing entities who failed to submit and pay their March renewal invoice
during the month of March or during the 45-day late renewal period ending May
15, shall be sent an electronic notification by the Department informing them
they must submit new appointments if they desire to appoint their licensees
whose appointments expired March 31.
(e) During the periods described in
paragraphs (6)(a), (b) and (c), above, an appointing entity may elect to not
renew an appointment. During the same periods, in order to renew a licensee's
appointment the licensee's email, home, business and mailing addresses must be
valid in the Department's records. If the licensee is indicated on the renewal
invoice as having invalid addresses on record with the Department, the licensee
must update the invalid addresses in order for the appointing entity to renew
the licensee's appointment.
(7) Notification procedures. The renewal
notice sent to the appointing entity must be completed in its entirety. The
certification shall be signed by the appropriate official for the appointing
entity.
Rulemaking Authority
624.308(1),
626.016,
626.381(9) FS.
Law Implemented 624.307(1),
624.308,
624.501,
626.015,
626.112,
626.371,
626.381,
626.7492(3), (8),
(9),
626.8419(2),
648.279,
648.31,
648.382,
648.383 FS.
New 7-18-93, Amended 7-1-97, Formerly 4-211.004, Amended
7-30-12.