Current through Reg. 50, No. 187; September 24, 2024
(1) Any person acquiring a specialty insurer
pursuant to Section 628.4615, F.S., shall comply
with the instructions contained on Form OIR-C1-448, 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-C1-144, incorporated by
reference in Rule 69O-136.100, F.A.C.;
(b) Form OIR-C1-448, incorporated by
reference in Rule 69O-136.100, F.A.C.;
(c) Form OIR-C1-905, incorporated by
reference in Rule 69O-136.100, F.A.C.;
(d) Form OIR-C1-938, 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-C1-2069, incorporated by
reference in Rule 69O-136.100, F.A.C.;
(p) Form OIR-C1-2221, incorporated by
reference in Rule 69O-136.100, F.A.C.; and,
(q) In addition, 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
628.4615(4),
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
628.4615,
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.
(3) Any merger effected involving a
not-for-profit health maintenance organization that is not in a holding company
system shall comply with Sections
628.4615,
628.471, and
641.255 F.S., and this
rule.
(4) Any merger effected
involving a for-profit health maintenance organization that is not in a holding
company system shall comply with Sections
628.4615,
628.451, and
641.255 F.S., and this
rule.
(5) 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.
(6) Disclaimer of
Control
(a) A person may attempt to rebut a
presumption of control pursuant to Section
628.4615(11),
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
628.4615(11),
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
628.4615(11),
F.S., the Office is authorized to disallow a disclaimer of control filed
pursuant to paragraphs (a) and (b).
Rulemaking Authority 624.308(1), 628.4615(15), 628.535 FS.
Law Implemented 624.307(1), 624.34, 624.424(6), 624.501, 624.5091, 626.9928,
628.451, 628.4615, 628.471
634.252,
634.3073,
634.4085,
636.065,
641.255,
641.416,
642.032,
651.024,
651.0245
FS.
New 7-21-22, Amended
1-7-24.
