Current through Reg. 50, No. 187; September 24, 2024
(1) The appointment of a customer
representative shall be terminated in accordance with Section
626.471, F.S., and the statutes
cited therein.
(2) No person shall
be, act as, or advertise or hold him or herself out to be a customer
representative, unless currently licensed and appointed.
(3) The appointing agent or agency, and the
designated supervising agent remains accountable and responsible for the acts
of the customer representative until such time as the Department receives
proper notice of termination of the appointment or notice of termination of
supervision, as the case may be, and this notwithstanding that the customer
representative was expressly told by the supervising agent or agency to cease
all customer representative duties. Until such time as proper notice is
received by the Department, the public, calling the Department for verification
of the customer representative's licensure and appointment will be told that
the customer representative is licensed and is authorized to represent that
agent or agency. Failure to abide by the provisions of this subsection do not
invalidate the authority of the customer representative to bind the agent or
the agency to insurance contracts.
(4) Method for Notifying Department of
Termination of Customer Representative Appointment.
(a) Oral notice of appointment termination is
never effective and shall not be accepted by the Department. The termination of
appointments of customer representatives by agents and agencies shall be
executed electronically, or by a written notice directed to the Department's
Bureau of Agent & Agency Licensing. Regardless of which method is used, a
copy of the termination document shall be supplied to the customer
representative at the same time it is supplied to the Department.
(b) When an appointment is terminated by the
customer representative, the customer representative must provide written
notice to the Department. The notice shall:
1.
Be signed and dated by the supervising agent, the appointing agent where the
appointment was by an agent, or by the customer representative;
2. State the effective date of termination of
appointment;
3. Give the full name,
address, phone number, and license or registration identification number of the
appointing agent or agency;
4.
Contain a statement to the clear effect that as of the effective date of the
notice that the appointment of the customer representative identified is
terminated;
5. State the full name,
license identification number of the customer representative;
6. State the reason for the termination of
appointment;
7. Be sent to the
Department of Financial Services, Bureau of Agent & Agency Licensing, 200
East Gaines St., Tallahassee, FL 32399-0319.
(5) Procedure for Termination of Status as
Designated Supervising Agent.
(a) The status
of an agent as designated supervising agent for a customer representative may
be terminated either by use of Form DFS-H2-39, Termination of Appointment Form,
which is incorporated by reference in subsection
69B-211.002(18),
F.A.C., obtainable from the Bureau of Agent & Agency Licensing, or by
written notice, at least one of which shall be available for Department
inspection at all times in the agent or agency records. The supervisory status
shall be terminated by either the supervising agent or the agency, and may be
unilateral. If the status is terminated by the supervising agent, the
supervising agent shall supply the agency with a copy of the filing; and if
filed by the agency, the agency shall supply a copy to the agent. Regardless of
which method is used or who files, the party filing same shall supply a copy of
the termination notice to the customer representative.
(b) When the supervising status is terminated
by written notice rather than Form DFS-H2-39, the notice must comply with the
following:
1. If filed by the designated
supervising agent, the notice shall be signed and dated by the designated
supervising agent; if filed by the agency, it shall be signed and dated by the
agency's primary agent.
2. The
notice shall state the effective date of termination of supervision.
3. The notice shall give the full name,
address, and phone number of the agency.
4. The notice shall identify and state the
full name of the designated supervising agent being relieved of that status,
and shall supply his or her license identification number.
5. The notice shall contain a statement, to
the clear effect that as of the effective date of the notice that [agent's
name] is no longer the designated supervising agent for the customer
representative identified in the notice.
6. The notice shall identify and state the
full name, and license identification number of the customer
representative.
7. The notice shall
be maintained in the appointing agent or agency's records and must be produced
upon Department request.
(6) Fees. No fee is required to terminate an
appointment, or to terminate status as a designated supervising
agent.
Rulemaking Authority
624.308 FS. Law Implemented
624.307(1),
626.112,
626.161,
626.471,
626.561(2),
626.7351,
626.7352,
626.7353,
626.7354,
626.748
FS.
New 12-19-93, Formerly 4-213.070, Amended
7-30-12.
