Fla. Admin. Code Ann. R. 69B-211.002 - General Procedures

(1) All applicants for licensure shall comply with the provisions of this rule chapter applicable to the class of license the applicant is seeking, and to applicable provisions within rule Chapters 69B-212 through 69B-231, F.A.C.

(2)

(a) An applicant for a license for which an examination is required shall complete all sections of Form DFS-H2-498, "Insurance License Application/Examination Required," rev. 10-97, and shall submit the application with the required fees to the Department.

(b) All entities appointing insurance representatives shall comply with part III of this rule chapter regarding the character and credit report.

(c) Applicants for particular licenses requiring an examination shall comply with the requirements in subsections (3) through (5), below.

(3) An applicant for a professional bail bond license shall also complete and submit the following forms:

(a) Form DFS-H2-503, "Bail Bond Rate Filing," rev. 10/95;

(b) Form DFS-H2-504, "Professional Bail Bondsman Financial Statement," rev. 10/90.

(4) An applicant for a surplus lines agent license shall also complete and submit Form DFS-H2-75, "Surplus Lines Agent's Bond," rev. 12/97.

(5) An applicant for a public adjuster's license shall also complete and submit Form DFS-H2-72, "Public Adjuster's Bond," rev. 10/95.

(6) An applicant for registration as a navigator pursuant to section 626.9953, F.S. shall complete and submit Form DFS-H2-2126 (Eff. 9/24/2014) https://www.flrules.org/Gateway/reference.asp?No=Ref-04494, which is hereby incorporated by reference herein.

(7) An applicant for a resident customer service representative, which does not require examination for licensure, shall complete and submit Form DFS-H2-0100, "4-40 Resident Customer Service Representative," effective 05/24, which is incorported herein by reference, according to the instructions therein. To access Form DFS-H2-0100, the applicant must create a MyProfile account at https://dice.fldfs.com/public/pb_index.aspx and submit the license application through the department's online portal. A copy of the form can be found at https://www.flrules.org/gateway/reference.asp?No=Ref-16594.

(8) An applicant for a title agent's license shall complete Form DFS-H2-1091, "Insurance License Application, Title Agent/Examination Required," rev. 3/97.

(9) In addition to Form DFS-H2-1092, "Insurance License Application, Title Agent/No Examination Required," rev. 1095, an applicant for a title agency's license shall complete and submit Form DFS-H2-425, "Title Agency's Bond," rev. 10/95, or shall submit securities acceptable to the Bureau of Collateral Securities, in the Division of Treasury.

(10) An applicant for a nonresident license shall complete and submit Form DFS-H2-496, "Insurance License Application/Nonresident," rev. 10/95. The application shall be accompanied by a certificate from the insurance department where the applicant is licensed as a resident licensee, certifying that the applicant holds a currently valid license for the class(es) of insurance for which a nonresident license is being requested.

(11) An applicant for a temporary license shall complete and submit Form DFS-H2-497, "Insurance License Application/Temporary," rev. 6/96.

(12) An applicant for an insurance license as a firm shall complete and submit Form DFS-H2-495, "Insurance License Application/Firms," rev. 10/95.

(13) An applicant for an insurance agency license or registration shall complete and submit Form DFS-H2-495, "Application for Insurance Agency Licensure and Registration," rev. 7/06. All applications shall be submitted through the Department's website at https://aalf.fldfs.com/common/com_index.asp.

(14) An applicant for an individual license as a viatical settlement broker shall complete and submit Form DFS-H2-1205, "Application for Viatical Settlement Brokers License/Individual," rev. 8/96.

(15) An applicant for a firm license as a viatical settlement broker shall complete and submit Form DFS-H2-1206, "Application for Viatical Settlement Brokers License/Firm," rev. 8/96.

(16) An applicant for licensure who will represent a life insurer exclusively at a United States military installation located in a foreign country pursuant to Section 626.322, F.S., shall complete and submit Form DFS-H2-376, "Application for Life License - United States Foreign Military Installation," rev. 10/95.

(17) An applicant wishing to be reexamined shall complete and submit Form DFS-H2-502, "Application for Re-examination," rev. 8/96.

(18) An entity wishing to appoint an insurance representative to transact insurance on behalf of that entity shall complete and submit Form DFS-H2-501, "Appointment Form," rev. 10/93.

(a) An entity appointing a first time licensee as agent, adjuster, service representative, customer representative, or managing general agent shall also complete and submit Form DFS-H2-38, "Summary Character and Credit Report," rev. 1/90.

(b) An entity wishing to appoint a professional bail bondsman shall also complete and submit Form DFS-H2-504, "Professional Bail Bondsman Financial Statement," rev. 10/90.

(19) An entity wishing to terminate the appointment of any individual shall complete and submit Form DFS-H2-39, "Termination of Appointment Form," rev. 5/95.

(20) An entity wishing to receive a certification or a clearance notification from the Department shall complete and submit Form DFS-H2-409, "Certification or Clearance or Status Request," rev. 8/96.

(21)

(a) The Department considers an applicant's criminal history, if any, to be a significant and material element of the application. The inability to secure a criminal history report due to illegible fingerprints is an impediment to determining an applicant's fitness, character, trustworthiness and, therefore, qualifications for licensure.

(b) All applicants required to be fingerprinted shall submit a completed fingerprint card, using Form FD-258, rev. 12-29-82, prescribed for use by the Federal Bureau of Investigation. The form shall be accompanied by the appropriate fee for processing.

1.

a. The fingerprints shall be taken by a certified law enforcement officer, as defined in Chapter 943, F.S., or by an employee of a law enforcement agency whose duty it is to perform fingerprint services for the public.

b. The signature of the person taking the fingerprints shall be entered in the space entitled "Signature of Official Taking Fingerprints" on Form FD-258.

2. The Department shall forward an applicant's fingerprints to the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI) for processing.

3.

a. If either the FDLE or FBI returns an applicant's fingerprints to the Department with an indication that the fingerprints are illegible or otherwise not adequate for accurate classification and identification, the Department shall send notice of this fact (first notice) to the applicant or licensee in the event the license has been issued prior to a response from the FBI/FDLE.

b. The first notice shall be sent to the residence, business and mailing addresses currently on file for the applicant or licensee as indicated in Department records.

c. The first notice shall inform the applicant or licensee that another set of fingerprints must be obtained in accordance with subparagraph (b)1. above and returned to the Department within thirty (30) days of the date of the notice along with a written statement by the law enforcement agency taking the prints indicating that the best obtainable fingerprints have been taken, or that the applicant is unable to provide fingerprints because of a physical disability.

d. If the applicant complies with the first notice and the applicant's second set of fingerprints is declared illegible or otherwise inadequate for processing by the FBI or FDLE, a name and description search shall be acceptable by the Department in lieu of a technical fingerprint search and criminal history report.

e. Failure to submit another set of fingerprints in compliance with the first notice as required in sub-subparagraph 3.c., above, shall constitute a violation of this rule and shall subject the applicant to:

(I) Denial of the license application, if the application is pending; or

(II) Disciplinary action if the license has been issued, including the suspension of license and appointments.

4.

a. Prior to denying an application or imposing disciplinary action for failure to submit a fingerprint card in compliance with the first notice, the Department shall send a second notice to the applicant or licensee.

b. The second notice shall inform the applicant or licensee of:

(I) Failure to provide a fingerprint card in accordance with the first notice;

(II) Notice of the sanctions for failure to comply with this rule; and,

(III) Notice of rights pursuant to Sections 120.569 and 120.57, F.S.

5. Completion and submission of a fingerprint card shall not be required of an individual who has complied with subsection (21) of this rule within the last twelve (12) months in support of an application for licensure under this rule chapter.

(22) Registration of unlicensed individuals who market life insurance contracts on behalf of fraternal benefit societies pursuant to Section 632.634(3), F.S., shall be registered by their society. The society shall complete and submit Form DFS-H2-569, "Registration of Fraternal Benefit Society Representatives," rev. 9/95.

(23) A person licensed as an insurance representative shall inform the Department of address changes by completing and submitting Form DFS-H2-518, "Address Correction Request," rev. 10/95.

(24) Insurers shall register agents placing excess, rejected, or exchange of business risks by completing and submitting Form DFS-H2-565, "Registration of Agents Placing Excess or Rejected or Exchange of Business Risks," rev. 2/96.

(25) Agents or adjusters filing information regarding name changes pursuant to Section 626.541, F.S., shall complete and submit Form DFS-H2-6364, "Filing of Firm, Corporation or Business Name," rev. 2/93.

(26) Agents filing information regarding primary agent designations pursuant to Section 626.592, F.S., shall complete and submit Form DFS-H2-6364, "Designation of Primary Agent for Insurance Agency," rev. 2/93.

(27) All insurers and their managing general agents engaged in the bail bond business in Florida shall complete and submit Form DFS-H2-66, "Bondsman, Build-Up Funds," rev. 10/95, no later than October 1 of each year.

(28) All bail bondsmen shall report the statistical information required by Section 648.365, F.S., by completing and submitting Form DFS-H2-279, Part B, "Statistical Reporting of Surety Agents and Professional Bondsmen," rev. 10/90.

(29) Licensees who wish to receive a replacement license shall complete and submit Form DFS-H2-558, "Application for Replacement License," rev. 10/96.

(30) A professional bail bondsman wishing to renew his appointment as a professional bail bondsman shall complete and submit Form DFS-H2-69, "Call for Bail Bond Experience for the Year Ending August 1, __," rev. 10/95.

(31) A person who wishes to be appointed as a mediator shall complete and submit Form DFS-H2-591, "Application for Appointment as a Mediator," rev. 5/96.

(32) An applicant for licensure or appointment who is associated with, under contract with, retained by, owned or controlled by, to any degree, directly or indirectly, or employed by a financial institution as defined in Section 626.988(1)(a), F.S., and who will conduct all insurance activities free of ownership or control of the financial institution; and provided that the financial institution will not participate directly or indirectly in the earnings from his insurance activities, shall complete and submit Form DFS-H2-196, "Financial Institution Affidavit," rev. 5/96.

(33) An agent seeking designation as an administrative agent shall complete Form DFS-H2-1079, "Application for Administrative Agent Designation," rev. 10/95.

(34) An agent seeking to remove the agent designation as an administrative agent shall complete Form DFS-H2-1080, "Request To Remove Administrative Agent Designation," rev. 10/95.

(35) A firm seeking licensure as a reinsurance intermediary shall complete Form DFS-H2-1087, "Reinsurance Intermediary Application - No Exam Required - Firms," rev. 10/95.

(36) An individual seeking licensure as a reinsurance intermediary shall complete Form DFS-H2-1088, "Reinsurance Intermediary Application - No Exam Required - Individual," rev. 10/95.

(37) An applicant for a license as an Adjusting Firm shall complete and submit Form DFS-H2-6365 "Adjusting Firm License Application," Effective 10/22, which is incorporated by reference, located at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14801 or https://dice.fldfs.com/public/pb_index.aspx.

(38)

(a) All forms required by subsections (3) through (37), above, are hereby adopted and incorporated by reference.

(b) All forms may be obtained from the Bureau of Agent and Agency Licensing, Division of Insurance Agents and Agency Services, 200 East Gaines Street, Tallahassee, FL 32399-0319.

(c) All checks shall be made payable to the Florida Department of Financial Services.

(d) All completed application forms, checks, fingerprint cards, and any supporting documents shall be mailed together to: Florida Department of Financial Services, Bureau of Agent and Agency Licensing, Revenue Processing Section, P.O. Box 6000, Tallahassee, FL 32314-6000.

Notes

Fla. Admin. Code Ann. R. 69B-211.002

Rulemaking Authority 624.308, 626.161, 626.171, 626.172, 626.9958 FS. Law Implemented 624.307(1), 624.321, 624.501, 626.171, 626.172, 626.201, 626.211, 626.271, 626.541, 626.592, 626.611, 626.621, 626.752, 626.793, 626.837, 626.8417, 626.9953 FS.

New 6-4-92, Amended 5-17-94, 6-7-99, Formerly 4-211.002, Amended 2-20-07, 11-26-14, Amended by Florida Register Volume 48, Number 193, October 4, 2022 effective 10/17/2022, Amended by Florida Register Volume 50, Number 090, May 7, 2024 effective 5/22/2024.

New 6-4-92, Amended 5-17-94, 6-7-99, Formerly 4-211.002, Amended 2-20-07, 11-26-14, 10-17-22, 5-22-24.