Current through Reg. 50, No. 187; September 24, 2024
(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) 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) 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-D0-904, incorporated by
reference in Rule 69O-136.100, F.A.C.;
(t) Form OIR-D0-2119, incorporated by
reference in Rule 69O-136.100, F.A.C.;
(u) Form OIR-D0-2165, incorporated by
reference in Rule 69O-136.100, F.A.C.; and
(v) 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) 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.
Forms relating to specific kinds of insurance in subsection (1) are to be
submitted only by companies issuing policies relating to the kind of insurance
specified on the form.
(3) Any
merger effected between or among one or more domestic or foreign stock insurers
authorized to transact insurance in this state and one or more other entities
authorized to transact insurance and self-insurance in this state, including a
self-insurance trust fund existing pursuant to Section
627.357, F.S., shall comply with
the provisions of Sections
628.461 and
628.451, F.S., and this
rule.
(4) Any merger effected
involving a not-for-profit health maintenance organization that is in a holding
company system shall comply with the provisions of Sections
628.461,
628.471,
641.255 F.S., and this
rule.
(5) Any merger effected
involving a for-profit health maintenance organization that is in a holding
company system shall comply with Sections
628.461,
628.451,
641.255 F.S., and this
rule.
(6) 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.
(7) Disclaimer of
Control
(a) A person may attempt to rebut a
presumption of control pursuant to Section
628.461, F.S., by electronically
filing via the Office's iApply system at
https://www.floir.com/iportal one
of the following forms with the Office:
1.
Form OIR-C1-1467, incorporated by reference in Rule 69O-136.100,
F.A.C.;
2. Form OIR-C1-1468,
incorporated by reference in Rule 69O-136.100, F.A.C.;
3. Form OIR-C1-2211, incorporated by
reference in Rule 69O-136.100, F.A.C.
(b) A person may attempt to rebut a
presumption of control pursuant to Section
628.461, F.S., by filing a copy
of a Schedule 13G filed with the Securities and Exchange Commission pursuant to
Rule 13d-1(b) or (c), 17
C.F.R. s. 240.13d-1, under the Securities
Exchange Act of 1934, as amended, to the Office electronically via the Office's
iApply system at
https://www.floir.com/iportal.
(c) Pursuant to Section
628.461(12)(a),
F.S., the Office is authorized to disallow a disclaimer of control filed
pursuant to paragraphs (a) and (b).
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,
641.255
FS.
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,
1-7-24.
