Fla. Admin. Code Ann. R. 69B-213.120 - Duty to Supervise Explained

(1) The supervising agent shall supervise the customer representative concerning work performed within the scope of the customer representative licensure. This duty shall not be delegated. The supervision system need not be reduced to writing, but the supervising agent shall be able upon request to explain to the Department the supervisory system.

(2) Throughout the supervisory relationship the supervising agent shall comply with the following parameters:

(a) The supervising agent should interact in person with the customer representative daily. Occasional periods during which the agent is sick or on vacation, or conducting insurance business out of the office, will be considered regarding the enforcement of this provision.

(b) The supervising agent should periodically review samples of all areas of the customer representative's work, in such amounts and with such frequency as to provide reasonable assurance that repetitive errors in the customer representative's work will be noted and corrected by the supervising agent at an early stage.

(c) Where the customer representative provides sales presentation, advice, or interpretation to clients or prospective clients by phone or in person, the supervising agent should periodically sit or listen in on such conversations with the customer representative's knowledge, to assure that competent and sound advice and information is being provided by the customer representative.

(3) The minimum parameters set forth above are not to be taken as an adequate supervision system; they are merely necessary components of an adequate supervision system. Because there are so many possible factual scenarios, it is neither feasible nor desirable to specify by rule a detailed supervisory system. The supervisory system shall be designed by the supervising agent to provide realistic and reasonable assurance that deficiencies or errors in the customer representative's knowledge or performance will be noted and corrected by the supervising agent at an early stage. The following factors shall be considered in designing a meaningful supervision system:

(a) The customer representative's degree of experience and expertise in the insurance industry in general.

(b) The customer representative's experience and expertise in the specific products handled in the particular office where he/she will be employed.

(c) The customer representative's formal education, and subsequent training.

(d) How long the agent has known the customer representative.

(e) How long the agent has had an employment relationship with the customer representative.

(f) The customer representative's demonstrated performance under the supervising agent.

(g) The nature and complexity of the work to be performed, and the potential severity of consequences to flow from deficient performance by the customer representative.

(4) The supervising agent is responsible for implementing a system of meaningful limits, clearly conveyed to the customer representative, on the customer representative's activities, calculated to assure that the customer representative does exceed their ability or expertise, and that matters are referred to the agent when they exceed the customer representative's ability or expertise.

Notes

Fla. Admin. Code Ann. R. 69B-213.120

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.7351, 626.7352, 626.7353, 626.7354 FS.

New 12-19-93, Formerly 4-213.120.

New 12-19-93, Formerly 4-213.120.