Florida Administrative Codes
that are Pertinent to Insurance
(all-in-one)

28 FAC 101.001 | Statement of Agency Organization and Operation

(1) The agency head shall maintain a current Statement of Agency Organization and Operation. The statement shall describe the organization of the agency and outline the general course of the agency's operations. The purpose of the statement is:

(a) To inform the public, in a complete and concise manner, of the nature of the agency's business, operations, delegation of authority, internal organization and other related matters;

(b) To provide assistance to the public when dealing with the agency; and

(c) To expedite the processing of agency matters on behalf of the public.

(2) The Statement of Agency Organization and Operation shall:

(a) Describe the agency head and his or her duties, as well as state the method of selection or appointment of the agency head, and the length of his or her term.

(b) Describe the organizational units and sub-units within the agency, including their assigned functions, duties, responsibilities, statutory authority, and statutes and rules they are charged with implementing. The designation of units and sub-units shall be consistent with Section 20.04, F.S., or as otherwise provided by law.

(c) Describe the manner by which publications, documents, forms, applications for licenses, permits and other similar certifications or rights granted by the agency, or other information, may be obtained.

(d) Identify the agency clerk by name, position, address, e-mail address, and telephone number; and set out his or her duties and responsibilities.

(e) State whether documents can be filed by electronic mail or facsimile transmission, including applicable telephone numbers and electronic mail addresses where filings may be submitted, and set forth the acceptable nature and scope of such filings, including the following:

That the filing date for a document transmitted by electronic mail or by facsimile shall be the date the agency receives the complete document. Any document received by the office of the agency clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

(f) Identify the name, address, and e-mail address of the appropriate contact person for obtaining information about variances from or waivers of agency rules, and indicate how to file a petition for variance or waiver.

(g) Set forth the agency's hours of operation during which filings will be accepted.

(h) Set forth where and how agency index of final orders can be accessed.

(3) The agency clerk shall provide a copy of its Statement of Agency Organization and Operation to any person upon request.

(4) An agency shall publish a statement of organization and operation on the agency's website.

28 FAC 102.001 | Notice of Public Meeting, Hearing, or Workshop

(1) Except where otherwise provided, the agency shall give at least seven days notice of any public meeting, hearing, or workshop by publication in the Florida Administrative Register and on agency's website. Provisions regarding notices of hearings in proceedings for determining substantial interests are found in Rules 28-106.208 and 28-106.302, F.A.C.

(2) An agency shall utilize the following form, or a substantially similar form, in providing notice of any public meeting, hearing, or workshop.

NOTICE OF PUBLIC MEETING, HEARING, OR WORKSHOP

The (name of the agency) announces a public meeting, hearing, or workshop to which all persons are invited.

DATE AND TIME:	__________________________________________________________________________________
PLACE:	__________________________________________________________________________________
PURPOSE:	__________________________________________________________________________________

A copy of the agenda may be obtained by writing to (name of the agency) at (address) or by calling (name) at (telephone number).

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/hearing/meeting is asked to advise the agency at least 5 days before the workshop/hearing/meeting by contacting (name) at (telephone number). If you are hearing or speech impaired, please contact the agency by calling (telephone number of TDD).

28 FAC 102.002 | Agenda of Meetings, Hearings, and Workshops

(1)

(a) The agenda shall state with specificity the items that will be considered at a meeting, hearing, or workshop. All matters involving the exercise of agency discretion and policy-making shall be listed and summarized on the agenda. Matters which are solely ministerial, or internal administrative matters that do not affect the interests of the public generally, may be included on the agenda.

(b) An agency shall utilize the following form, or substantially similar form in preparing its agenda:

NAME OF AGENCY TIME, DATE & PLACE OF MEETING THIS MEETING IS OPEN TO THE PUBLIC

1. Call to Order.

2. Review of Minutes.

3. Old Business: Specific listing of all matters involving agency discretion or policy-making with brief summary of each.

4. New Business: Specific listing of all matters involving agency discretion or policy-making with brief summary of each.

5. Other Business: Specific listing of all matters involving agency discretion or policy-making with brief summary of each.

(2) The person designated to preside may make specific changes in the agenda after it has been made available for distribution, only for "good cause" shown.

(3) The agenda and any meeting materials available in electronic form shall be published on the agency's website. Confidential and exempt information need not be published.

28 FAC 102.003 | Emergency Meetings

(1) An agency may hold an emergency meeting notwithstanding the provisions of Rules 28-102.001 and 28-102.002, F.A.C., for the purpose of acting upon emergency matters posing an immediate danger to the public health, safety or welfare.

(2) Whenever an emergency meeting must be held, the agency shall give notice of the meeting on its website, if it has one, and by any procedure that is fair under the circumstances, such as notifying at least one major newspaper of general circulation in the area where the meeting will take place, and the agency may also notify all major wire services of the time, date, place, and purpose of the meeting.

(3) Following an emergency meeting, the agency shall publish in the appropriate publication prescribed by Section 120.54(3), F.S., and on its website, if it has one, notice of the time, date and place of the meeting, a statement setting forth the reasons why an emergency meeting was necessary and a statement setting forth the action taken at the meeting. This notice is in addition to the notice requirements of Section 120.525(3)(c), F.S.

28 FAC 103.001 | Advance Notice of Agency Rulemaking Proceedings (Repealed)

28 FAC 103.002 | Rule Development Workshops (Repealed)

28 FAC 103.003 | Negotiated Rulemaking (Repealed)

28 FAC 103.004 | Public Hearing (Repealed)

28 FAC 103.005 | Evidentiary Proceeding During Rulemaking (Repealed)

28 FAC 103.006 | Petitions to Initiate Rulemaking (Repealed)

28 FAC 104.001 | Purpose; Construction

This chapter implements Section 120.542, F.S., by establishing the procedures for granting or denying petitions for variances and waivers of agency rules, and, should be read in conjunction with the provisions of Sections 120.52(18), 120.52(19) and 120.542, F.S.

28 FAC 104.002 | Petition for Variance or Waiver

(1) A petition for a variance from or waiver of an agency rule shall be filed with the clerk of the agency that adopted the rule, with a copy to the Joint Administrative Procedures Committee, Room 680, Pepper Building, 111 W. Madison Street, Tallahassee, Florida 32399-1400.

(2) The petition must include the following information:

(a) The caption shall read:

Petition for (Variance from) or (Waiver of) Rule (Citation)

(b) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner, if the party is not represented by an attorney or a qualified representative;

(c) The name, address, e-mail address, telephone number, and any facsimile number of the attorney or qualified representative of the petitioner, if any;

(d) The applicable rule or portion of the rule;

(e) The citation to the statute the rule is implementing;

(f) The type of action requested;

(g) The specific facts that demonstrate a substantial hardship or a violation of principles of fairness that would justify a waiver or variance for the petitioner;

(h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and

(i) A statement whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver.

(3) The petition for a variance or waiver may be withdrawn by the applicant at any time before final agency action.

(4) Upon receipt of a petition for variance or waiver, the agency shall furnish a copy of the petition to any other agency responsible for implementing the rule.

28 FAC 104.003 | Comments on Petition

(1) Any interested person or other agency may submit written comments on the petition for a variance or waiver within 14 days after the notice required by Section 120.542(6), F.S. The agency shall state in any order disposing of the petition whether comments were received by the agency.

(2) The agency shall maintain the comments as part of the record.

(3) The right to comment pursuant to this section does not alone confer party status in any proceeding arising from a petition for variance or waiver.

28 FAC 104.004 | Petition for Emergency Variance or Waiver

(1) A person requesting an emergency variance from or waiver of an agency rule shall so state in the caption to the petition.

(2) In addition to the other requirements of Section 120.542(5), F.S., and this chapter, the petition shall specify:

(a) The specific facts that make the situation an emergency; and

(b) The specific facts to show that the petitioner will suffer an immediate adverse effect unless the variance or waiver is issued more expeditiously than the time frames provided in Section 120.542, F.S.

28 FAC 104.005 | Time for Consideration of Emergency Petition

(1) Within 5 days after filing a petition for emergency variance or waiver with the agency clerk, the agency shall give notice of receipt of the petition on its website, if it has one. The agency shall also give notice by any procedure that is fair under the circumstances or provide notice of the petition to the Department of State for publication in the first available issue of the Florida Administrative Register. Any notice under this subsection shall inform interested persons of the right to submit comments. Interested persons or other agencies may submit written comments on the petition for emergency variance or waiver within 5 days after publication of the notice required herein. The notice and comment requirements in this subsection shall not apply if the agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, which final order shall recite with particularity the facts underlying such finding.

(2) The agency shall grant or deny a petition for emergency variance or waiver or determine that the request is not an emergency within 30 days of its receipt by the agency. If such petition is not granted or denied within this time limit, the petition shall be deemed approved unless the time limit is waived by the petitioner.

(3) If the agency decides that the situation is not an emergency, the agency shall so notify the petitioner in writing, and the petition shall then be reviewed by the agency on a non-emergency basis as set forth in Section 120.542(7), F.S.

(4) The duration of an emergency variance or waiver shall be determined by the agency.

(5) The agency shall issue a written order granting or denying the petition. The order shall state the facts and reasons supporting the agency's action.

28 FAC 104.0051 | Revocation of Emergency or Temporary Variance or Waiver

(1) Upon receipt of evidence sufficient to show that the recipient of an order granting an emergency or temporary variance or waiver is not in compliance with the requirements of that order, the agency shall issue an order to show cause why the emergency variance or waiver should not be revoked.

(2) The recipient of an emergency or temporary variance or waiver shall respond to the order to show cause why the emergency variance or waiver should not be revoked within 15 days of the mailing date of the order to show cause. Failure to timely respond shall result in a final order revoking the emergency or temporary variance or waiver.

28 FAC 104.006 | Request for Information

(1) When a person inquires of the agency about the possibility of relief from any rule requirements or the remedies available pursuant to Section 120.542, F.S., the agency shall provide the information required by Section 120.542(4), F.S., within 15 days of the inquiry.

(2) In its response to a request for information, the agency shall indicate the name, address and e-mail address of the appropriate contact person for additional information and shall indicate how a petition for variance or waiver is filed with the agency.

28 FAC 105.001 | Purpose and Use of Declaratory Statement

A declaratory statement is a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. A petition for declaratory statement may be used to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner's particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person.

28 FAC 105.002 | The Petition

A petition seeking a declaratory statement shall be filed with the clerk of the agency that has the authority to interpret the statute, rule, or order at issue and shall provide the following information:

(1) The caption shall read:

Petition for Declaratory Statement Before (Name of Agency).

(2) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.

(3) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner's attorney or qualified representative if any.

(4) The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought.

(5) A description of how the statutes, rules, or orders may substantially affect the petitioner in the petitioner's particular set of circumstances.

(6) The signature of the petitioner or of the petitioner's attorney or qualified representive.

(7) The date.

28 FAC 105.0024 | Notice of Filing

The agency shall file a notice of the Petition for Declaratory Statement in the next available Florida Administrative Register including the following information:

(1) The name of the agency with which the Petition for Declaratory Statement is filed.

(2) The name of the Petitioner.

(3) The date the Petition for Declaratory Statement was received.

(4) The statutory provision(s), rule(s) or order(s) on which the declaratory statement is sought.

(5) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(6) The applicable time limit for filing motions to intervene or petitions for administrative hearing by persons whose substantial interests may be affected.

28 FAC 105.0027 | Intervention

(1) Persons other than the original parties to a pending proceeding whose substantial interests will be affected by the disposition of the declaratory statement and who desire to become parties may move the presiding officer for leave to intervene. The presiding officer shall allow for intervention of persons meeting the requirements for intervention of this rule. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of (or such later time as is specified in) the notice in the Florida Administrative Register. The presiding officer may impose terms and conditions on the intervener to limit prejudice to other parties.

(2) The motion to intervene shall contain the following information:

(a) The name, address, the e-mail address, and facsimile number, if any, of the intervener; if the intervener is not represented by an attorney or qualified representative; and

(b) The name, address, e-mail address, telephone number, and any facsimile number of the intervener's attorney or qualified representative, if any; and

(c) Allegations sufficient to demonstrate that the intervener is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervener are subject to determination or will be affected by the declaratory statement; and

(d) The signature of the intervener or intervener's attorney or qualified representative; and

(e) The date.

(3) Any party may, within seven days of service of the motion, file a response in opposition.

28 FAC 105.003 | Agency Disposition

The agency may hold a hearing to consider a petition for declaratory statement. If the agency is headed by a collegial body, it shall take action on a petition for declaratory statement only at a duly noticed public meeting. The agency may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts. Within 90 days of the filing of the petition, the agency shall render a final order denying the petition or issuing a declaratory statement.

28 FAC 105.004 | Notice of Disposition

The agency shall file a Notice of Disposition for the Declaratory Statement or denial of the petition in the next available issue of the Florida Administrative Register including the following information:

(1) The name of the agency.

(2) A summary statement of the agency's decision.

(3) The agency, contact person, address, and e-mail address where a copy of the petition and final order may be obtained.

(4) The date the final order is filed.

28 FAC 106.101 | Scope of this Chapter

This chapter shall apply in all proceedings in which the substantial interests of a party are determined by the agency and shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. This chapter applies to all proceedings under Chapter 120 except as follows:

(1) Where the agency has adopted rules covering the subject matter pursuant to Section 120.54(5)(a)2., F.S.;

(2) Agency investigations or determinations of probable cause preliminary to agency action; and

(3) Mediation conducted pursuant to Section 120.573, F.S. The notice provisions in Rule 28-106.111 and Part IV, F.A.C., of this subchapter apply to such mediation.

28 FAC 106.102 | Presiding Officer

"Presiding officer" means an agency head, or member thereof, who conducts a hearing or proceeding on behalf of the agency, an administrative law judge assigned by the Division of Administrative Hearings, or any other person authorized by law to conduct administrative hearings or proceedings who is qualified to resolve the legal issues and procedural questions which may arise.

28 FAC 106.103 | Computation of Time

In computing any period of time allowed by this chapter, by order of a presiding officer, or by any applicable statute, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in these rules, legal holiday means those days designated in Section 110.117, F.S. Except as provided in Rule 28-106.217, F.A.C., five days shall be added to the time limits when service has been made by regular U.S. mail. One business day shall be added when service is made by overnight courier. No additional time shall be added if service is made by hand, facsimile transmission, or electronic mail or when the period of time begins pursuant to a type of notice described in Rule 28-106.111, F.A.C.

28 FAC 106.104 | Filing

(1) In construing these rules or any order of a presiding officer, filing shall mean received by the office of the agency clerk during normal business hours or by the presiding officer during the course of a hearing.

(2) All pleadings filed with the agency shall contain the following:

(a) The style of the proceeding involved;

(b) The docket, case or file number, if any;

(c) The name of the party on whose behalf the pleading is filed;

(d) The name, address, any e-mail address, and telephone number of the person filing the pleading;

(e) The signature of the person filing the pleading; and

(f) A certificate of service that copies have been furnished to all other parties as required by subsection (4) of this rule.

(3) Any document received by the office of the agency clerk before 5:00 p.m. shall be filed as of that day but any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

(4) Whenever a party files a pleading or other document with the agency, that party shall serve copies of the pleading or other document upon all other parties to the proceeding. A certificate of service shall accompany each pleading or other document filed with the agency.

(5) All parties, if they are not represented, or their attorneys or qualified representatives shall promptly notify all other parties and the presiding officer of any changes to their contact information by filing a notice of the change.

(6) All papers filed shall be titled to indicate clearly the subject matter of the paper and the party requesting relief.

(7) All original pleadings shall be on white paper measuring 8 1/2 by 11 inches, with margins of no less than one inch. Originals shall be printed or typewritten.

(8) A document shall be filed by only one method (e-filing, facsimile, courier, hand-delivery, or U.S. mail) and shall not be filed multiple times. A duplicate filing will not be docketed and will be destroyed.

28 FAC 106.105 | Appearances

(1) Counsel or qualified representatives who file a request for a hearing involving disputed issues of material fact with the agency have entered an appearance in the proceeding and shall be deemed counsel or qualified representative of record. All others who seek to appear shall file a notice of appearance as soon as possible.

(2) Service on counsel of record or on a qualified representative shall be the equivalent of service on the party represented.

(3) On written motion served on the party represented and all other parties of record, the presiding officer shall grant counsel of record and qualified representatives leave to withdraw for good cause shown. The motion shall contain the address, any e-mail address, and telephone number of the party represented.

(4) A qualified representative who has filed an initial pleading or notice of appearance for a party shall be deemed the qualified representative of record until the presiding officer makes the determination required by Rule 28-106.106, F.A.C.

28 FAC 106.106 | Who May Appear; Criteria for Qualified Representatives

(1) Any party who appears in any agency proceeding has the right, at his or her own expense, to be represented by counsel or by a qualified representative. Counsel means a member of The Florida Bar or a law student certified pursuant to Chapter 11 of the Rules Regulating The Florida Bar. An attorney disbarred in any state shall not be authorized to serve as a qualified representative.

(2)

(a) A party seeking representation by a qualified representative shall file a written request with the presiding officer as soon as practicable, but no later than any pleading filed by the person seeking to appear on behalf of the party. The request shall identify the name, address, e-mail adress, and telephone number of the representative and shall state that the party is aware of the services which the representative can provide, and is aware that the party can be represented by counsel at the party's own expense and has chosen otherwise.

(b) The presiding officer shall consider whether the representative is qualified to appear in the administrative proceeding and capable of representing the rights and interests of the party. The presiding officer may consider a representative's sworn affidavit setting forth the representative's qualifications.

(c) The presiding officer shall determine the qualifications of the representative within a reasonable time after the request required by paragraph (a) is filed.

(3) The presiding officer shall authorize the representative to appear if the presiding officer is satisfied that the representative has the necessary qualifications to responsibly represent the party's interests in a manner which will not impair the fairness of the proceeding or the correctness of the action to be taken.

(4) The presiding officer shall make a determination of the qualifications of the representative in light of the nature of the proceedings and the applicable law. The presiding officer shall consider:

(a) The representative's knowledge of jurisdiction;

(b) The representative's knowledge of the Florida Rules of Civil Procedure relating to discovery in an administrative proceeding;

(c) The representative's knowledge regarding the rules of evidence, including the concept of hearsay in an administrative proceeding;

(d) The representative's knowledge regarding the factual and legal issues involved in the proceedings; and

(e) The representative's knowledge of and compliance with the Standards of Conduct for Qualified Representatives, Rule 28-106.107, F.A.C.

(5) If the presiding officer determines a representative is not qualified, the reasons for the decision shall be in writing and included in the record.

28 FAC 106.107 | Standards of Conduct for Qualified Representatives

The following standards of conduct are mandatory for all qualified representatives.

(1) A representative shall exercise due diligence to insure that any motion or pleading is filed and argued in good faith.

(2) A representative shall advise the client to obey the law.

(3) A representative shall not:

(a) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(b) Engage in conduct that is prejudicial to the administration of justice;

(c) Handle a matter which the representative knows or should know that he or she is not competent to handle;

(d) Handle a legal or factual matter without adequate preparation;

(e) Communicate, or cause another to communicate, as to the merits of the proceeding with the presiding officer except on the record or in writing with a copy promptly delivered to the opposing party; or

(f) Communicate with an adverse party regarding matters at issue in the administrative proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative.

(4) Failure to comply with these provisions shall authorize the presiding officer to disqualify the representative appearing in the administrative proceeding.

28 FAC 106.108 | Consolidation

If there are separate matters which involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.

28 FAC 106.109 | Notice to Interested Parties

If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that the absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.

28 FAC 106.110 | Service of Papers

Unless the presiding officer otherwise orders, every pleading and every other paper filed in a proceeding, except applications for witness subpoenas, shall be served on each party or the party's representative at the last address of record.

28 FAC 106.111 | Point of Entry into Proceedings and Mediation

(1) The notice of agency decision shall contain the information required by Section 120.569(1), F.S. The notice shall also advise whether mediation under Section 120.573, F.S., is available, and if available, that pursuit of mediation will not adversely affect the right to administrative proceedings in the event mediation does not result in a settlement.

(2) Unless otherwise provided by law, persons seeking a hearing on an agency decision which does or may determine their substantial interests shall file a petition for hearing with the agency within 21 days of receipt of written notice of the decision.

(3) An agency may, for good cause shown, grant a request for an extension of time for filing an initial pleading. Requests for extension of time must be filed with the agency prior to the applicable deadline. Such requests for extensions of time shall contain a certificate that the moving party has consulted with all other parties, if any, concerning the extension and that the agency and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

(4) Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters. This provision does not eliminate the availability of equitable tolling as a defense.

(5) The agency may publish, and any person who has timely requested mediation may, at the person's own expense, cause the agency to publish, a notice of the existence of the mediation proceeding in the Florida Administrative Register or in a newspaper of general circulation in the affected area. The mediation notice can be included in the notice of intended agency action.

(a) The notice of the mediation proceeding shall include:

1. A statement that the mediation could result in a settlement adopted by final agency action;

2. A statement that the final action arising from mediation may be different from the intended action set forth in the notice which resulted in a timely request for mediation;

3. A statement that any person whose substantial interests may be affected by the outcome of the mediation shall within 21 days of the notice of mediation proceeding file a request with the agency to participate in the mediation; and

4. An explanation of the procedures for filing such a request.

(b) The notice shall also advise that in the absence of a timely request to participate in the mediation, any person whose substantial interests are or may be affected by the result of the mediation waives any right to participate in the mediation.

28 FAC 106.201 | Initiation of Proceedings

(1) Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced.

(2) All petitions filed under these rules shall contain:

(a) The name and address of each agency affected and each agency's file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;

(f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action.

(3) Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition, and if granted shall, unless otherwise provided by law, refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action.

28 FAC 106.2015 | Agency Enforcement and Disciplinary Actions

(1) Prior to entry of a final order to suspend, revoke, or withdraw a license, to impose administrative fines, or to take other enforcement or disciplinary action against a licensee or person or entity subject to the agency's jurisdiction, the agency shall serve upon the licensee an administrative complaint. For purposes of this rule, an agency pleading or communication that seeks to exercise an agency's enforcement authority and to take any kind of disciplinary action against a licensee or other person shall be deemed an administrative complaint.

(2) An agency issuing an administrative complaint shall be the petitioner, and the licensee against whom the agency seeks to take disciplinary action shall be the respondent.

(3) The agency's administrative complaint shall be considered the petition, and service of the administrative complaint on the respondent shall be deemed the initiation of proceedings.

(4) The agency's administrative complaint shall contain:

(a) The name of the agency, the respondent or respondents against whom disciplinary action is sought and a file number.

(b) The statutory section(s), rule(s) of the Florida Administrative Code, or the agency order alleged to have been violated.

(c) The facts or conduct relied on to establish the violation.

(d) A statement that the respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, F.S., and to be represented by counsel or other qualified representative.

(5) Requests for hearing filed by the respondent in accordance with this rule shall include:

(a) The name, address, any e-mail address, telephone number, and facsimile number, if any, of the respondent, if the respondent is not represented by an attorney or qualified representative.

(b) The name, address, e-mail address, telephone number, and facsimile number of the attorney or qualified representative of the respondent, if any, upon whom service of pleadings and other papers shall be made.

(c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate.

(d) A statement of when the respondent received notice of the administrative complaint.

(e) A statement including the file number to the administrative complaint.

28 FAC 106.202 | Amendment of Petitions or Requests for Hearing

A petition or request for hearing may be amended prior to the designation of the presiding officer by filing and serving an amended petition or amended request for hearing in the manner prescribed for filing and serving an original petition or request for hearing. Thereafter the petitioner may amend the petition or request for hearing only upon order of the presiding officer.

28 FAC 106.203 | Answer

A respondent may file an answer to the petition.

28 FAC 106.204 | Motions

(1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing, and shall fully state the action requested and the grounds relied upon. The original written motion shall be filed with the presiding officer. When time allows, the other parties may, within 7 days of service of a written motion, file a response in opposition. No reply to the response shall be permitted unless leave is sought from and given by the presiding officer. Written motions will normally be disposed of after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The presiding officer shall conduct such proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion.

(2) Unless otherwise provided by law, motions to dismiss the petition or request for hearing shall be filed no later than 20 days after assignment of the presiding officer, unless the motion is based upon a lack of jurisdiction or incurable errors in the petition.

(3) All motions, other than a motion to dismiss, shall include a statement that the movant has conferred with all other parties of record and shall state as to each party whether the party has any objection to the motion. Any statement that the movant was unable to contact the other party or parties before filing the motion must provide information regarding the date(s) and method(s) by which contact was attempted.

(4) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall state good cause for the request.

28 FAC 106.205 | Intervention

(1) Persons other than the original parties to a pending proceeding whose substantial interest will be affected by the proceeding and who desire to become parties may move the presiding officer for leave to intervene. Except for good cause shown, motions for leave to intervene must be filed at least 20 days before the final hearing unless otherwise provided by law. The parties may, within 7 days of service of the motion, file a response in opposition. The presiding officer may impose terms and conditions on the intervenor to limit prejudice to other parties.

(2) The motion to intervene shall contain the following information:

(a) The name, address, e-mail address, telephone number, and any facsimile number of the intervener, if the intervener is not represented by an attorney or qualified representative; and

(b) The name, address, e-mail address, telephone number, and any facsimile number of the intervenor's attorney or qualified representative; and

(c) Allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervenor are subject to determination or will be affected by the proceeding; and

(d) A statement as to whether the intervenor supports or opposes the preliminary agency action; and

(e) The statement required by subsection 28-106.204(3); and

(f) The signature of the intervenor or intervenor's attorney or qualified representative; and

(g) The date.

(3) Specifically-named persons, whose substantial interests are being determined in the proceeding, may become a party by entering an appearance and need not request leave to intervene.

28 FAC 106.206 | Discovery

After commencement of a proceeding, parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.400, Florida Rules of Civil Procedure. The presiding officer may issue appropriate orders to effectuate the purposes of discovery and to prevent delay, including the imposition of sanctions in accordance with the Florida Rules of Civil Procedure, except contempt.

28 FAC 106.207 | Venue

(1) Whenever practicable and permitted by statute or rule, hearings shall be held in the area of residence of the non-governmental parties affected by agency action, or at the place most convenient to all parties as determined by the presiding officer.

(2) Failure to respond timely to any order requiring or allowing the parties to suggest an appropriate locality for final hearing may constitute a waiver of venue.

28 FAC 106.208 | Notice of Hearing

The presiding officer shall set the time and place for all hearings and shall serve written notice on all parties at their address of record. No less than 14 days notice shall be given for the hearing on the merits of the petition unless otherwise agreed by the parties or unless otherwise provided by law.

28 FAC 106.209 | Prehearing Conferences

At any time after a matter has been filed with the agency, the presiding officer may direct the parties to confer for the purpose of clarifying and simplifying issues, discussing the possibilities of settlement, examining documents and other exhibits, exchanging names and addresses of witnesses, resolving other procedural matters, and entering into a pre-hearing stipulation.

28 FAC 106.210 | Continuances

The presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least five days prior to the date noticed for the hearing.

28 FAC 106.211 | Conduct of Proceedings

The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding.

28 FAC 106.212 | Subpoenas

(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing. The requesting party shall specify whether the witness is also requested to bring documents.

(2) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older. Service shall be made by delivering a copy to the person named in the subpoena. Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process.

(3) Any motion to quash or limit the subpoena shall be filed with the presiding officer and shall state the grounds relied upon.

28 FAC 106.213 | Evidence

(1) Oral evidence shall be taken only on oath or affirmation.

(2) Each party shall have the right to impeach any witness regardless of which party called the witness to testify.

(3) Hearsay evidence, whether received in evidence over objection or not, may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding unless the evidence falls within an exception to the hearsay rule as found in Sections 90.801-.805, F.S.

(4) The rules of privilege apply to the same extent as in civil actions under Florida law.

(5) If requested and if the necessary equipment is reasonably available, testimony may be taken by means of video teleconference or by telephone.

(a) If a party cross-examining the witness desires to have the witness review documents or other items not reasonably available for the witness to review at that time, then the party shall be given a reasonable opportunity to complete the cross-examination at a later time or date for the purpose of making those documents or other items available to the witness.

(b) For any testimony taken by telephone, a notary public must be physically present with the witness to administer the oath. The notary public shall provide a written certification to be filed with the presiding officer confirming the identity of the witness, and confirming the affirmation or oath by the witness. It shall be the responsibility of the party calling the witness to secure the services of a notary public.

(6) When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the material. Requests for official recognition shall be by motion and shall be considered in accordance with the provisions governing judicial notice in Sections 90.201-.203, F.S.

28 FAC 106.214 | Recordation

(1) Responsibility for preserving the testimony at final hearings shall be that of the agency transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57, F.S., the agency whose rule is being challenged, or the agency whose action initiated the proceeding. Proceedings shall be recorded by a certified court reporter or by recording instruments.

(2) No later than 10 days prior to the final hearing, the agency shall notify the parties of the method by which the agency will record the testimony at the final hearing. Any party to a hearing may, at its own expense, provide a certified court reporter if the agency does not. The presiding officer may provide a certified court reporter. At hearings reported by a court reporter, any party who wishes a transcript of the testimony shall order the same at its own expense. If a court reporter records the proceedings, the recordation shall become the official transcript.

28 FAC 106.215 | Post-Hearing Submittals

All parties may submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the presiding officer. Unless authorized by the presiding officer, proposed orders shall be limited to 40 pages.

28 FAC 106.216 | Entry of Recommended Order

(1) If a hearing is conducted by other than the agency head, or member thereof, the presiding officer shall, within 30 days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and recommendation for final agency action.

(2) By agreeing to a deadline for filing post-hearing submissions that is more than 10 days after the conclusion of the hearing or the filing of the hearing transcript, whichever is later, a party waives the provisions of subsection (1) above.

28 FAC 106.217 | Exceptions and Responses

(1) Parties may file exceptions to findings of fact and conclusions of law contained in recommended orders with the agency responsible for rendering final agency action within 15 days of entry of the recommended order except in proceedings conducted pursuant to Section 120.57(3), F.S. Exceptions shall identify the disputed portion of the recommended order by page number or paragraph, shall identify the legal basis for the exception, and shall include any appropriate and specific citations to the record.

(2) Exceptions shall be provided to all parties by facsimile or electronic mail, if a facsimile number or e-mail address has been provided number or address provided, the day they are filed with the agency.

(3) Any party may file responses to another party's exceptions within 10 days from the date the exceptions were filed with the agency.

(4) No additional time shall be added to the time limits for filing exceptions or responses to exceptions when service has been made by mail.

28 FAC 106.301 | Initiation of Proceedings

(1) Unless otherwise provided by statute and except for agency enforcement and disciplinary actions initiated under subsection 28-106.2015(1), F.A.C., initiation of a proceeding shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document which requests a proceeding. Each petition shall be legible and on 8 1/2 by 11 inch white paper or on a form provided by the agency. Unless printed, the impression shall be on one side of the paper only and lines shall be doubled-spaced.

(2) All petitions filed under these rules shall contain:

(a) The name and address of each agency affected and each agency's file or identification number, if known;

(b) The name, address, any email address, and telephone number of the petitioner, if the petitioner is not represented by an attorney or qualified representative; the name, address, email address, facsimile number, and telephone number of the petitioner's representative; if any, which shall be the address for service purposes during the course of the proceeding;

(c) An explanation of how the petitioner's substantial interests will be affected by the agency determination;

(d) A statement of when and how the petitioner received notice of the agency decision;

(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action;

(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action; and

(h) A statement that no material facts are in dispute.

28 FAC 106.302 | Notice of Proceeding

(1) The agency shall serve written notice on all parties at their address of record, allowing at least 14 days from the date of the notice for the parties to provide any documents, memorandum of law, or other written material in support of or opposition to the agency action or refusal to act or in aggravation or mitigation of any penalty which may be imposed. If only written evidence is submitted, the notice shall provide that all other parties shall have 14 days to respond in writing to that written evidence.

(2) The agency may schedule a hearing on the matter for the purpose of taking oral evidence or argument. If it does so, the agency shall serve written notice at least 14 days prior to the hearing, setting forth the place, date, time of the hearing, and legal authority and jurisdiction under which the hearing is to be held.

28 FAC 106.303 | Motions

(1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the action requested and the grounds relied upon. The original motion shall be filed with the presiding officer. When time allows, the other parties may, within seven days of service of a written motion, file a response in opposition. No reply to the response shall be permitted unless leave is sought from and given by the presiding officer. Written motions will normally be disposed of after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The presiding officer shall conduct proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion.

(2) All motions, other than a motion to dismiss, shall include a statement that the movant has conferred with all other parties of record and shall state whether any party has an objection to the motion.

(3) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall state good cause for the request.

28 FAC 106.304 | Continuances

The presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least five days prior to the date noticed for the hearing.

28 FAC 106.305 | Conduct of Proceedings

The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding.

28 FAC 106.306 | Recordation

(1) Responsibility for preserving the testimony at final hearings shall be that of the agency responsible for taking final agency action. Proceedings shall be recorded by a certified court reporter or by recording instruments.

(2) Any party to a hearing may, at its own expense, provide a certified court reporter if the agency does not. The presiding officer may provide a certified court reporter. At hearings reported by a court reporter, any party who wishes a transcript of the testimony shall order the same at its own expense. If a court reporter records the proceedings, the recordation shall become the official transcript.

28 FAC 106.307 | Post-Hearing Submittals

The presiding officer may permit all parties to submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the presiding officer. Unless authorized by the presiding officer, proposed orders shall be limited to 40 pages.

28 FAC 106.401 | Purpose

This rule applies to all mediation proceedings conducted pursuant to Section 120.573, F.S.

(1) Mediation is a process whereby a third person acts to encourage and facilitate a resolution of an administrative dispute, without prescribing what the resolution should be. Mediation is an informal and nonadversarial process with the objective of helping the parties reach a mutually acceptable agreement.

(2) Mediation proceedings are available to settle administrative disputes if provided for in the announcement of agency actions. If an agreement to mediation by the agency and all parties is filed within 10 days of the announcement for election of an administrative remedy under Sections 120.569 and 120.57, F.S., the time limitations shall be tolled until the completion of the mediation with settlement or impasse.

28 FAC 106.402 | Contents of Request for Mediation

The request for mediation shall contain:

(1) The name, address, any e-mail address, and telephone number of the party requesting mediation and of that party's representative, if any; and

(2) A statement of the preliminary agency action.

28 FAC 106.403 | Allocation of Costs and Fees

The costs of mediation, including the mediator's fees and other shared costs, shall be split equally or as otherwise agreed by the parties. The cost allocation shall be specified in the agreement to mediate. Mediators shall be compensated at a rate agreed upon by the parties and the mediator.

28 FAC 106.404 | Contents of Agreement to Mediate

The agreement to mediate shall set forth:

(1) The names, addresses, any e-mail address, and telephone numbers of any persons who may attend the mediation;

(2) The name, address, e-mail address, and telephone number of the mediator agreed to by the parties;

(3) How the costs and fees associated with mediation will be allocated;

(4) The agreement of the parties regarding the confidentiality of discussions and documents introduced during mediation to the extent authorized by law;

(5) The date, time, and place of the first mediation session;

(6) The name of the party's representative who shall have authority to settle or recommend settlement; and

(7) The signatures of the parties.

28 FAC 106.405 | Standards of Conduct for Mediators

(1) Mediators shall adhere to the highest standards of integrity, impartiality, and professional competence.

(2) On commencement of the mediation session, a mediator shall inform all parties that the process is consensual in nature, that the mediator is an impartial facilitator, and that the mediator may not impose or force any settlement on the parties.

(3) A mediator shall:

(a) Perform the mediation services in a timely and expeditious fashion, avoiding delays wherever possible;

(b) Be impartial and advise all parties of any circumstances bearing on possible bias, prejudice, or impartiality; and

(c) Withdraw from mediation if the mediator believes the mediator can no longer be impartial.

(4) A mediator shall not:

(a) Coerce or unfairly influence a party into a settlement agreement and shall not make substantive decisions for any party to a mediation process;

(b) Intentionally or knowingly misrepresent material facts or circumstances in the course of conducting a mediation; or

(c) Give or accept a gift, request, favor, loan, or any other item of value to or from a party, attorney, or any other person involved in, or associated with any person involved in, the mediation process.

28 FAC 106.501 | Emergency Action

(1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall enter an emergency order summarily suspending, limiting, or restricting a license, or taking such other emergency action as is authorized by law.

(2) The agency's emergency order shall include a notice of the licensee's (or person or entity subject to the agency's jurisdiction) right to an immediate appeal of the emergency final order pursuant to Section 120.569(2)(n) or 120.60(6), F.S.

(3) In the case of the emergency suspension, limitation, or restriction of a license, unless otherwise provided by law, within 20 days after emergency action taken pursuant to subsection (1) of this rule, the agency shall initiate administrative proceedings in compliance with Sections 120.569, 120.57 and 120.60, F.S. and Rule 28-106.2015, F.A.C.

28 FAC 106.601 | Conflict

Following receipt of a recommended order, the agency attorney or qualified representative who acts on behalf of the agency in the conduct of the hearing will not serve as legal advisor to the agency head during subsequent proceedings which result in the issuance of the final order.

28 FAC 107.001 | General (Repealed)

28 FAC 107.002 | Application for License (Repealed)

28 FAC 107.003 | Denial of License (Repealed)

28 FAC 107.004 | Suspension, Revocation, Annulment, or Withdrawal (Repealed)

28 FAC 107.005 | Emergency Action (Repealed)

28 FAC 108.001 | Petition for Exception to Uniform Rules of Procedure

(1) The agency head shall file a petition with the Administration Commission for an exception to the Uniform Rules of Procedure as provided in Section 120.54(5)(a)2., F.S., for procedural rules within the scope of any Uniform Rule of Procedure that includes the following:

(a) Grounds for the request for the exception.

(b) Citation to the particular Uniform Rule of Procedure for which each exception is sought.

(c) Specific citation to the provisions of existing agency rule for which an exception is sought, if any.

(d) Attachment of the proposed rule language as an exhibit to the petition.

(2) The agency shall publish notice of the petition in the next available edition of the Florida Administrative Register, after consultation with the agency clerk of the Administration Commission. The notice shall include:

(a) The name of the agency seeking an exception;

(b) The uniform rule of procedure from which the exception is sought;

(c) The date the matter is expected to be heard by the Administration Commission;

(d) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(3) The Administration Commission shall provide interested persons with the opportunity to file written statements or make oral presentations in support of or in opposition to the exception.

28 FAC 108.002 | Final Disposition on Petition for Exception

The Administration Commission shall publish, at the agency's expense, notice in the next available edition of the Florida Administrative Register of the disposition of the petition, and shall transmit a copy of the notice to the Joint Administrative Procedures Committee, the Department of State, and any person who requests a copy.

28 FAC 109.001 | Purpose

This chapter provides the procedures to be followed when an agency desires to conduct a proceeding by means of communications media technology (CMT) or to provide public access to a proceeding by the use of CMT.

28 FAC 109.002 | Definitions as Used in this Rule Chapter

(1) "Access point" means a designated place where a person interested in attending a communications media technology proceeding may go for the purpose of attending the proceeding.

(2) "Attend" means having access to the communications media technology network being used to conduct a proceeding, or being used to take evidence, testimony, or argument relative to issues being considered at a proceeding.

(3) "Communications media technology" (CMT) means the electronic transmission of printed matter, audio, full-motion video, freeze frame video, compressed video, and digital video by any method available.

28 FAC 109.003 | Application and Construction

(1) The agency may conduct a proceeding by using CMT and may provide CMT access to a proceeding for purposes of taking evidence, testimony, or argument.

(2) A proceeding is not a CMT proceeding merely because it is broadcast over a communications network.

28 FAC 109.004 | Government in the Sunshine

(1) Nothing in this chapter shall be construed to permit the agency to conduct any proceeding otherwise subject to the provisions of Section 286.011, F.S., exclusively by means of CMT without making provision for the attendance of any member of the public who desires to attend.

(2) No proceeding otherwise subject to Section 286.011, F.S., shall be conducted exclusively by means of CMT if the available technology is insufficient to permit all interested persons to attend. If during the course of a CMT proceeding technical problems develop with the communications network that prevent interested persons from attending, the agency shall terminate the proceeding until the problems have been corrected.

28 FAC 109.005 | Notice

When the agency chooses to conduct a CMT proceeding, it shall provide notice in the same manner as required for a non-CMT proceeding, and shall plainly state that such proceeding is to be conducted utilizing CMT and identify the specific type of CMT to be used. The notice shall describe how interested persons may attend and shall include:

(1) The address or addresses of all access points, specifically designating those which are in locations normally open to the public.

(2) The address of each access point where an interested person may go for the purpose of attending the proceeding.

(3) An address, e-mail address, and telephone number where an interested person may write or call for additional information.

(4) An address, e-mail address, and designated person to whom a person may submit written or other physical evidence which he or she intends to offer into evidence during the CMT proceedings.

28 FAC 109.006 | Evidence, Testimony, and Argument

(1) Any evidence, testimony, and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person, and shall be subject to the same objections.

(2) In situations where sworn testimony is required by the agency, persons offering such testimony shall be responsible for making appropriate arrangements for offering sworn testimony.

28 FAC 110.001 | Purpose and Scope

(1) This chapter supplements the statutes on protests that arise from the contract procurement process under Chapters 24, 255, 287, 334 through 349 and Sections 282.303 through 282.313, F.S., and other statutes applicable to agencies as defined in Section 120.52(1), F.S.

(2) Policies and procedures are established primarily by Section 120.57(3), F.S. Interested persons must follow the requirements of those statutes as well as these rules. Other statutes may apply to specific circumstances.

28 FAC 110.002 | Definitions

For purposes of this subchapter, the following terms mean:

(1) "Contract procurement process" has the same meaning as "contract solicitation or award process" as used in Section 120.57(3), F.S. This includes procurements by invitation to bid (ITB), request for proposal (RFP), or invitation to negotiate (ITN), as each is defined in Section 287.012, F.S., approval of a single source procurement, as defined in Section 287.057(5)(c), F.S., or other solicitation documents as permitted by law.

(2) "Decision or intended decision" means:

(a) The contents of a solicitation, including addenda;

(b) A determination that a specified procurement can be made only from a single source;

(c) Rejection of a response or all responses to a solicitation; or

(d) Intention to award a contract as indicated by a posted solicitation tabulation or other written notice.

(3) "Competitive solicitation" or "solicitation" shall have the meaning ascribed in Section 287.012(97), F.S.

(4) "Electronic posting" shall have the meaning ascribed in Section 287.012(11), F.S.

28 FAC 110.003 | Notice of Protest

(1) A notice of protest shall be addressed to the office that issued the solicitation or made any other decision that is intended to be protested; shall identify the solicitation by number and title or any other language that will enable the agency to identify it; and shall state that the person intends to protest the decision. If a bond is required, it shall not be filed with the notice unless otherwise required by law.

(2) A notice of protest shall not be filed before the 72-hour period begins. The 72-hour period begins upon electronic posting of a decision or intended decision. The notice of protest must be received by the agency before the 72-hour period expires. The notice of protest must be filed with the agency clerk unless otherwise designated by the solicitation.

(3) The 72-hour period is not extended by service of the notice of protest by mail.

28 FAC 110.004 | Formal Written Protest

(1) The "formal written protest" required by Section 120.57(3)(b), F.S., is a petition that states with particularity the facts and law upon which the protest is based. The formal written protest shall contain the information specified in Section 120.54(5)(b)4., F.S., and in subsection 28-106.201(2), F.A.C. If the formal written protest is filed in proper form within the 72-hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest. Thereafter, all time limits relative to formal written protests apply.

(2) Form of Petition.

STATE OF FLORIDA
DEPARTMENT OF ______

XYZ CORPORATION, a corporation organized under the laws of Florida, Petitioner,
vs.	Case No.:_____
STATE OF FLORIDA DEPARTMENT OF _____ Respondent. _____/

PETITION

XYZ Corporation, a corporation organized under the laws of Florida, brings this petition against State of Florida Department of __________ and alleges:

1. This is a bid protest under Section 120.57(3), F.S.

2. Respondent issued an invitation to bid (ITB) entitled Bid No. _________.

3. Petitioner submitted the low bid but Respondent rejected its bid for the stated reason that _________.

4. The stated reason for rejection is erroneous because _________.

5. (Additional relevant facts, if any)

6. The facts that are in dispute between Petitioner and Respondent are: _________

7. A copy of the bid tabulation is attached.

8. (Applicable points of law.)

Petitioner requests a hearing involving disputed issues of material fact and an order awarding the contract to Petitioner (or other relief).

(Note: If the relevant facts are not in dispute the petition should so allege and request a hearing not involving disputed issues of material fact. The above allegations are illustrative. They should be altered to suit varying circumstances).

(3) The time allowed for filing a petition or a bond is not extended by mailing either document.

28 FAC 110.005 | Bond

(1) Bid protest bonds are required by Section 287.042(2)(c), F.S., for procurements under Chapter 287, F.S. (commodities, contractual services, professional services and insurance) and by Section 255.25(3)(c), F.S., for procurements of leases of space in privately owned buildings. Bonds are not required for protests involving building construction projects undertaken pursuant to Chapter 255, F.S., except that Section 255.0516, F.S., authorizes school boards, community college boards of trustees and a state university board of trustees to require bonds under some circumstances. Bonds are also required by Section 337.11(5)(a), F.S., for certain procurements by the Department of Transportation.

(2) Bonds required by Section 337.11(5)(a), F.S., must be filed with the notice of protest. Other bonds are not to be filed with the notice of protest, but must be filed with the formal written protest or within the 10-day period allowed for filing the formal written protest. The bond must accompany a protest filed pursuant to Section 24.109(2)(a), F.S. A bond can be in substantially the following form:

STATE OF FLORIDA ADMINISTRATION COMMISSION PROCUREMENT PROTEST BOND

Bond Number:	_________
Contract Number:	_________

KNOW ALL PERSONS BY THESE PRESENTS:

That we, _________ a (mark one) [ ] corporation, [ ] partnership, [ ] proprietorship, organized and existing under the laws of the State of _________, and having its principal place of business at _________, as PRINCIPAL; and _________, a surety company, organized under the laws of the State of _________, and duly authorized to do business in the State of Florida, whose principal place of business is _________, as SURETY, are held and firmly bound unto the STATE OF FLORIDA, (Agency), as OBLIGEE, in the amount of $_________ for the payment of which sum we, as Principal and Surety, bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally.

THIS BOND is issued under the provisions of _________ Florida Statutes. The above-named Principal has initiated an administrative protest regarding the Obligee's decision or intended decision pertaining to (mark one) [ ] Bid Number _________ [ ] an agency's request for approval of an exceptional purchase of _________ submitted by _________. Said protest is conditioned upon the posting of a bond at the time of filing the formal written protest.

NOW, THEREFORE, the condition of this Bond is that if the Principal, after the administrative hearing process and/or any appellate court proceedings regarding the protest, shall satisfy all costs and charges allowed by final order and/or judgment, and interest thereon, in the event the Obligee prevails, then the obligation shall be null and void; otherwise it shall remain in full force and effect.

The Obligee may bring an action in a court of competent jurisdiction on this bond for the amount of such liability, including all costs and attorneys' fees.

PRINCIPAL:	____________________________
BY:	____________________________
Title:	____________________________ (CORPORATE SEAL)
ATTEST:	____________________________ ____________________________
SURETY:	____________________________
BY:	____________________________
Title:	____________________________ (CORPORATE SEAL)
Florida Resident Agent:	____________________________
(Note: Power of Attorney showing authority of Surety's agent or Attorney in Fact must be attached).

Bonds must be countersigned by an agent licensed in Florida. Section 287.042(2)(c), F.S., authorizes a cashier's check or money order in lieu of a bond, for procurements governed by Chapter 287, F.S.

(3) When a bond is required, a notice of decision or intended decision shall contain this statement:

"Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S."

If the notice advises of the bond requirement but a bond or statutorily authorized alternate is not posted when required, the agency shall summarily dismiss the petition.

(4) If, at the conclusion of the proceeding and any appellate proceedings, the petitioner prevails, the agency shall return the bond, cashier's check or money order to the petitioner. If the agency prevails but the petitioner is not ordered to pay costs, the agency shall return the bond or alternate security to the petitioner. If the petitioner is ordered to pay costs, the agency shall return the bond or alternate security as provided by Section 255.25(3)(c), 287.042(2)(c) or 337.11(5)(b), F.S. The entire bond may be forfeited if circumstances warrant under Section 337.11(5)(a), F.S.

28 FAC 111.001 | Receipt and Investment of Funds (Repealed)

28 FAC 111.002 | Expenditure of Funds (Repealed)

28 FAC 111.003 | Accounting and Reporting (Repealed)

28 FAC 112.001 | Petition for Exception to Uniform Rules Relating to State Employment

(1) The agency head shall file a petition with the Administration Commission for an exception to uniform rules as provided in Sections 110.201(1)(b) and 110.217, F.S., that includes the following:

(a) Grounds for the request for the exception.

(b) Citation to the particular uniform rule for which each exception is sought.

(c) Specific citation to the provisions of existing agency rule for which an exception is sought, if any.

(d) Attachment of the proposed rule language as an exhibit to the petition.

(2) The agency shall publish notice of the petition in the next available edition of the Florida Administrative Register, after consultation with the agency clerk of the Administration Commission. The notice shall include:

(a) The name of the agency seeking an exception;

(b) The uniform rule from which the exception is sought;

(c) The date the matter is expected to be heard by the Administration Commission; and

(d) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(3) The Administration Commission shall provide interested persons with the opportunity to file written statements or make oral presentations in support of or in opposition to the exception.

28 FAC 112.002 | Final Disposition on Petition for Exception

The Administration Commission shall publish, at the agency's expense, notice in the next available edition of the Florida Administrative Register of the disposition of the petition, and shall transmit a copy of the notice to the Joint Administrative Procedures Committee, the Department of State, and any person who requests a copy.

69H FAC 1.001 | Purpose (Repealed)

69H FAC 1.002 | Premium Assessments

(1) Premium assessments shall be paid within thirty days from date of invoice/billing, or coverage may be suspended by reasonable notice.

(2) In the event budgeted funds are not adequate to pay all claims for the current budget year, the Division of Risk Management may submit an interim premium assessment to the agency during the fiscal year in which the deficit occurs and the additional charge will be payable on receipt of invoice.

(3) Within 30 days of notification by the Division of Risk Management, agencies and universities shall make annual property value updates through the Division of Risk Management Insurance Management System at https://live.origamirisk.com/.

69H FAC 1.003 | Certificate and Other Forms Adopted (Repealed)

69H FAC 1.004 | Renewals

All coverages will be automatically renewed at the beginning of each fiscal year unless otherwise notified.

69H FAC 1.005 | Automatic Coverage and Certificate of Coverage

(1) Automatic coverage will be provided on any acquired risk for a period of thirty days during which time formal application must be made on Form DFS-D0-850, Coverge Request Form, (Effective 09/2022), which is hereby incorporated by reference and available through the Division of Risk Management Insurance Management System at https://live.origamirisk.com/ or at http://www.flrules.org/Gateway/reference.asp?No=Ref-15370, for buildings and contents.

(2) A Certificate of Coverage, Form DFS-D0-852, Certificate of Property Coverage, (Effective 09/2022), which is hereby incorporated by reference and available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-15371, will be issued initially upon acceptance and then annually thereafter.

(3) When required by the specific circumstances of the risk involved, Form DFS-D0-853, Certificate of Rental Value Coverage, (Effective 09/2022), which is hereby incorporated by reference and available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-15372, will be attached and made a part of the Certificate of Coverage.

69H FAC 1.006 | Losses

The insured must notify the Fund of all losses electronically through the Division of Risk Management Insurance Management System on Form DFS-D0-854, Notice of Property Loss, (Effective 09/2022), which is hereby incorporated by reference and available at https://live.origamirisk.com/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-15373.

69H FAC 1.007 | Settlement of Losses

(1) Losses are to be settled on an actual cash value (ACV) basis of the damaged property that has been replaced with property of like kind and quality; or pay the cost of repairing; whichever is less. Actual cash value for the building and contents is defined as replacement cost less depreciation.

(2) Lightning losses will require submission of Form DFS-D0-855, Statement – Lightning Losses, (Effective 09/2022), which is hereby incorporated by reference in addition to the standard documentation for a claim. A copy of the form is available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-15374.

(3) When final settlement of a claim is agreed to, the claims coordinator will sign and return Form DFS-D0-856, Certificate of Proof of Loss, (Effective 09/2022), which is hereby incorporated by reference, to the Division of Risk Management. A copy of the form is available at https://myfloridacfo.com/Division/Risk or http://www.flrules.org/Gateway/reference.asp?No=Ref-15375.

69H FAC 1.008 | Building Replacement Value (Repealed)

69H FAC 2.001 | Purpose

The purpose of these rules is to aid in the implementation of chapter 284, part II and part III, F.S., relating to the State Risk Management Trust Fund, State Casualty Claims and Safety Programs.

69H FAC 2.002 | Coverage Exclusion

Coverage is to be excluded under the provisions of chapter 284, part II, F.S., should there occur a statutory or jurisdictional conflict making self-insurance unfeasible.

69H FAC 2.003 | Premium Assessments

(1) Premiums will be charged to insured agencies based on exposure to loss and loss experience. Premium invoices will be mailed to the agency on or about July 1 of each year and the invoice shall be paid within 30 days from the date of budget release of funds or coverage may be suspended after reasonable notice.

(2) In the event budgeted funds are not adequate to pay all claims for the current budget year, the Division of Risk Management (Division) may submit an interim premium assessment to the agency during the fiscal year in which the deficit occurs and the additional charge will be payable on receipt of invoice.

(3) Prior to July 1 of each budget year the Division will send to each insured agency a request to complete the Exposure Base Inquiry Survey to determine risk exposure. Insured agencies shall complete the Exposure Base Inquiry Survey, DFS-D0-861 (Effective 07/23), in the Division’s Insurance Management System at https://live.origamirisk.com/ within 30 days of notification. The Exposure Base Inquiry Survey, DFS-D0-861, is incorporated by reference herein, and a copy of the form is available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-15493.

(4) Prior to July 1 of each budget year the Division will send Form DFS-D0-1401, Account Design (Effective 07/23), to each insured agency to determine the cost center structure for recording claims. Form DFS-D0-1401 is incorporated by reference herein, and a copy of the form is available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-15486. Each agency shall complete the form and return it to the Division within thirty (30) days.

69H FAC 2.004 | Certificate of Coverage

(1) The Department shall adopt and use a Certificate of Coverage form indicating the insured agency and the coverage provided by the Fund.

(2) Form DFS-D0-867, “State Employee Workers’ Compensation and Employer’s Liability Certificate of Coverage,” (Effective 07/23), incorporated herein by reference, will be used to provide employee workers’ compensation and employer’s liability coverage to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15485.

(3) Form DFS-D0-863, “General Liability Certificate of Coverage,” (Effective 07/23), incorporated herein by reference, will be used to provide general liability insurance coverage to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15482.

(4) Form DFS-D0-864, “Automobile Liability Certificate of Coverage,” (Effective 07/23), incorporated herein by reference, will be used to provide fleet automobile liability coverage to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15483.

(5) Form DFS-D0-864A, “State Risk Management Trust Fund Addendum to Automobile Liability Certificate of Coverage for Off-Duty Law Enforcement Vehicle Property Damage,” (Rev. 11/05), incorporated herein by reference, will be used to provide an addendum to automobile liability coverage to the agency named on the certificate.

(6) Form DFS-D0-865, “Federal Civil Rights Liability and Employment Discrimination Certificate of Coverage,” (Effective 07/23), incorporated herein by reference, will be used to provide coverage for federal civil rights actions under 42 U.S.C. 1983 or similar federal statutes to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15494.

(7) Form DFS-D0-862, “Court Awarded Attorney Fees Certificate of Coverage,” (Rev. 11/05), incorporated herein by reference, will be used to provide coverage for court awarded attorney’s fees in other proceedings against the agency named on the certificate.

(8) Form DFS-D0-1994, Firefighter Cancer Benefits Certificate of Coverage, (Effective 07/23), incorporated herein by reference, will be used to provide coverage for firefighter cancer benefits payable under Section 112.1816(2), F.S. A copy of the form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15492.

(9) Copies of these forms are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0337, or at https://myfloridacfo.com/Division/Risk/.

69H FAC 2.006 | Notice of Settlement

(1) Any notice of tort claim settlement which may be required to be given to the public as provided under Section 69.081(9), F.S., shall be provided in substantially the following format:

(STYLE OF CASE)

Plaintiff(s) vs. Defendant(s) Name of agency and/or Officials

) ) ) ) ) ) ) )

Name of Court & Location Case Number

NOTICE OF SETTLEMENT

Notice is hereby given that the above referenced parties have entered into a settlement of the plaintiff’s tort claims(s) against the defendant(s), for the total amount of $________.

	Representative or Attorney for Defendant(s)
	Address

(2) For those claims in which the state agency is being represented by defense counsel, such counsel shall sign and submit the notice to the appropriate newspaper for publication. When no defense counsel is involved, a representative of the Division of Risk Management shall sign the notice. The notice required by Section 69.081(9), F.S., shall be provided within sixty (60) days of the completion of any transactions necessary to finalize the settlement, such as exchange and receipt of documents and payments between the parties involved in the claim.

69H FAC 2.007 | Loss Prevention Programs

(1) The head of each insured agency shall appoint a Safety Coordinator who shall, at the direction of the agency head, develop and implement a comprehensive departmental safety program. The appointment shall be on Form DFS-D0-858, “Safety Coordinators Appointment Form,” (Effective 07/23) incorporated herein by reference. In the event of a change in either the Safety Coordinator or the Alternate Safety Coordinator, the agency head shall submit an updated Form DFS-D0-858, Safety Coordinator Appointment Form, (Effective 07/23), with the name of both the new Safety Coordinator and Alternate Safety Coordinator within thirty (30) days of the change. A copy of the form is available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/gateway/reference.asp?no=ref-15480.

(2) Pursuant to section 284.50(3), F.S., if an agency is required to maintain a return-to-work program, the agency shall review and complete the return-to-work dashboard report provided by the Division on a monthly basis to identify information on employees being accommodated with modified or alternate duty. The Division will provide the report to the agency no later than the 5th business day of each month. The completed dashboard shall be returned to the Division no later than the last Friday of each month.

(3) The appointed Safety Coordinator of each insured agency shall review and respond within 10 business days of receipt to each DFS-D0-1993, Claim Investigation Report, (Effective 07/23), incorporated herein by reference, provided by the Division identifying unsafe or inappropriate conditions, policies, procedures, trends, equipment, or actions or inactions that have led or may lead to accidents or claims involving the state of Florida. A copy of the form is available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/gateway/reference.asp?no=ref-15495.

69H FAC 2.008 | Other Forms Adopted

(1) The following forms are incorporated herein by reference. These forms shall be used to aid the Division in the performance of its administrative duties by securing pertinent facts and information on claims filed against the Fund, as the circumstances of particular cases may require.

(a) DFS-D0-280, Release of All Claims, (Effective 07/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-15477;

(b) DFS-D0-866, “Mileage Reimbursement,” (Effective 07/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-15484;

(c) DFS-D0-1403, “General Liability Loss Report,” (Effective 07/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-15487;

(d) DFS-D0-1404, “Lien Disclosure Statement,” (Rev. 11/05);

(e) DFS-D0-1406, “Insurer’s Disclosure Statement Pursuant to Section 627.4137, F.S.,” (Rev. 11/05);

(f) DFS-D0-1407, “Medical Authorization,” (Rev. 2/10);

(g) DFS-D0-1408, Release for Property Damage Only (Effective 07/23) http://www.flrules.org/Gateway/reference.asp?No=Ref-15488.

(h) DFS-D0-1990, “Medicare Secondary Payer Reporting Questionnaire,” (Effective 07/23) http://www.flrules.org/Gateway/reference.asp?No=Ref-15489;

(i) DFS-D0-1991, “Medicare Beneficiary/Eligibility Information,” (Effective 07/23) http://www.flrules.org/Gateway/reference.asp?No=Ref-15490; and,

(j) DFS-D0-1992, Firefighter Cancer Benefit Information Form (Effective 07/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-15491.

(2) Copies of each form adopted and incorporated by reference in this rule chapter are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0336, or at https://myfloridacfo.com/Division/Risk/.

69H FAC 2.009 | Florida Motor Vehicle No-Fault Forms

(1) The following forms are incorporated herein by reference. These forms shall be used to aid the Division in the performance of its administrative duties by securing pertinent facts and information on Florida Motor Vehicle No-Fault claims filed against the Fund, as the circumstances may require:

(a) DFS-D0-281, “Claim for ‘No-Fault’ Benefits,” (Effective 07/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-15478.

(b) DFS-D0-283, “Wage and Salary Verification,” (Effective 07/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-15479.

(2) Copies of these forms are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0300, or at https://myfloridacfo.com/Division/Risk/.

69H FAC 2.010 | Property Damage Coverage for State-Owned Vehicles

(1) The following definitions shall apply to the property damage coverage established in this rule:

(a) “Accidental loss” – A loss that is unintended by a law enforcement officer covered by this rule.

(b) “Actual cash value” – Replacement cost minus depreciation.

(c) “At fault” – A law enforcement officer shall be deemed “at fault” if the “contributing cause” code on a Florida Traffic Crash Report, Long Form, is anything other than code “01,” no improper driving action.

(d) “Motor vehicle” – Any self-propelled vehicle with two or more wheels, which is of a type both designed and required to be licensed for use on the highways of this state and any trailer or semi trailer designed for use with such vehicle. The term includes a “private passenger motor vehicle,” which is any motor vehicle which is a sedan, station wagon, or jeep-type vehicle and, if not used primarily for occupational, professional or business purposes, a motor vehicle of the pickup, panel, van, camper, or motor home type. The term also includes a “commercial motor vehicle,” which is any motor vehicle that is not a private passenger motor vehicle. The term does not include a mobile home or any motor vehicle which is used in mass transit, other than public school transportation, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit authority, or a political subdivision of the State.

(e) “Property damage” – Physical damage to the covered motor vehicle due to collision or impact with another vehicle or object or due to other accidental loss.

(2) Coverage Provided.

(a) The State Risk Management Trust Fund will pay for property damage to a motor vehicle owned by a state agency when this property damage occurs while the motor vehicle is being used by a law enforcement officer, as defined in Section 943.10, F.S., for off-duty work for which the officer must reimburse the state, subject to the exclusions and deductible amounts, as defined in paragraphs (2)(d) and (2)(e) of this rule. The Fund will pay reasonable repair costs or the actual cash value of the vehicle whichever is less.

(b) If an independent appraisal of the property damage is required, the Fund will pay for this expense. If the accidental loss results in the motor vehicle being declared a total loss, the Fund will pay the state agency the actual cash value of the motor vehicle, minus any applicable deductible amounts, and the Fund shall retain the salvage value of the motor vehicle.

(c) The Fund will reduce the payments for property damage to the state agency by any applicable deductible amount when the law enforcement officer is determined to be at fault in causing property damage to the motor vehicle.

(d) Any proceedings to appeal the determination of fault will be pursued with the employing agency.

(e) Exclusions: The Fund will not pay for property damage if:

1. The law enforcement officer was not in the course and scope of approved off-duty activities when the property damage occurred;

2. The law enforcement officer is found to have acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property;

3. The law enforcement officer does not have to reimburse the State for use of the motor vehicle;

4. The property damage is due to wear and tear or mechanical breakdown;

5. The property damaged is equipment owned by the State and unattached to the motor vehicle; or

6. The property damaged is the personal property of the law enforcement officer.

(f) Limit of Liability: The Fund’s limit of liability will be the lesser of the actual cash value of the damaged property or an amount necessary to repair or replace the property with other property of like kind and quality. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. If a repair or replacement results in better than like kind and quality, the Fund will not pay for the betterment.

(g) Secondary coverage: The coverage set forth in this rule is secondary to any primary coverage available from any other source. A claim must first be presented under all existing primary coverages available to the claimant, after which a claim under this rule may be made.

(3) Premium Assessments and Reimbursement.

(a) The Division will determine the exposure base for the calculation of costs of providing physical damage coverage according to the number of law enforcement officers using state motor vehicles while performing off-duty employment.

(b) The Division will determine the experience base by the dollar amount paid on claims.

(c) Each state agency shall, no later than July 1 each fiscal year, report to the Division the estimated number of law enforcement officers using state motor vehicles while performing their off-duty employment for the upcoming fiscal year. A state agency shall use Form DFS-D0-861, “Exposure Base Inquiry Survey,” (Effective 07/23), incorporated by reference in Rule 69H-2.003, F.A.C., in the Division’s Insurance Management System at https://live.origamirisk.com/.

(d) Premium calculation.

1. The Division will calculate the total premium based on agencies’ experience and exposure, except for the first year. Assessment amounts will fluctuate each year depending on exposure and experience criteria.

2. The assessment amount will be the total anticipated cash payments to be made for property damage payments during the fiscal year, plus an additional charge to offset the Division’s operating costs. The Division will calculate this additional charge by multiplying the total anticipated annual property damage payments by an industry average operating cost percentage.

3. The Division will apply any surplus or deficit amounts assessed in the fiscal year, less the administrative portion of the assessment, against the following fiscal year assessment.

4. The Division will assess each state agency according to its proportionate amount of the entire statewide assessment.

(e) Invoices.

1. Each fiscal year, the Division will invoice each state agency for the total amount of its assessment.

2. Each state agency shall pay the assessed amount to the Division within thirty days following the state agency’s receipt of the assessment invoice. Payments will be provided from one of the agencies’ standard operating categories.

3. Each state agency will administer and collect the law enforcement officers’ portion of the agency assessment. The Division shall have no role in this administration and collection. Reimbursements will not be given to officers who leave state employment during the covered fiscal year. The premium is annualized, and will not be prorated for those officers who leave state employment or who request coverage during the covered fiscal year.

(4) Deductible Assessment.

(a) The Division will apply a deductible amount toward the costs of repairs and/or total loss payments, for accidents in which the off-duty officer is determined to be at fault.

(b) The Division will adjust the deductible amount at the beginning of each fiscal year. The amount of the deductible shall not exceed $500 per incident. The Division will notify state agencies of the deductible amount no later than July 1 of each fiscal year.

(5) Claims Processing.

(a) Accidents shall be reported to the Division, using Form DFS-D0-261, “Automobile Accident Report,” (Effective 07/23), incorporated herein by reference. Copies of the form are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0338, or online at https://myfloridacfo.com/Division/Risk/, or http://www.flrules.org/Gateway/reference.asp?No=Ref-15476.

(b) The state agency will submit all supporting documentation for the accident to the Division, including at a minimum the following:

1. The name of the state agency employing the law enforcement officer;

2. A statement certifying that:

a. The employee is a law enforcement officer as defined in Section 943.10, F.S.;

b. The state agency approved the off-duty employment;

c. The law enforcement officer was required to reimburse the agency for use of the motor vehicle; and,

d. The law enforcement officer purchased coverage by payment of a premium for the fiscal year in which the accident occurred, verified by a receipt from the agency showing such payment or a copy of the law enforcement officer’s pay stub showing such payment.

3. If the form described in paragraph (5)(a) of this rule is unavailable, then an opinion as to whether the state agency believes the law enforcement officer was at fault in causing the property damage;

4. Photographs of the vehicle damage if feasible;

5. If other than a total loss of the motor vehicle occurs, then two estimates for vehicle repairs, and invoices for the repairs; and,

6. All available accident reports.

(c) The Division will adjust the claim and issue payment for the repairs to the state agency, according to its Policies and Procedures.

(d) In the event of a total loss claim the Division will dispose of the salvage and retain any salvage value.

(e) The Division will pursue subrogation on claims caused by the negligence of another party, and will retain any funds recouped by it.

69H FAC 3.001 | Purpose and Scope

69H FAC 3.002 | Qualification Procedures

69H FAC 3.003 | Physical Security of Exhibition Facilities

69H FAC 3.004 | Transportation of Eligible Items

69H FAC 3.005 | Qualification of Applicant's Staff

69H FAC 3.006 | Eligibility for Commercial Insurance

69H FAC 3.007 | Environmental Control

69H FAC 3.008 | Loss Adjustment

69H FAC 3.009 | Arbitration and Appraisal

69N FAC 3.001 | Purpose and Scope (Repealed)

69N FAC 3.002 | Definitions (Repealed)

69N FAC 3.003 | Prohibition (Repealed)

69N FAC 3.004 | No-Smoking Areas (Repealed)

69N FAC 3.005 | Action by Office Officials and Employees (Repealed)

69N FAC 3.006 | Posting of Signs (Repealed)

69N FAC 3.007 | Enforcement, Penalties (Repealed)

69N FAC 121.003 | Organizational Structure of the Office

(1) Under the Commissioner of the Office are hereby established a chief of staff, a general counsel, and deputy commissioners as follows:

(a) Deputy commissioner for property and casualty; and,

(b) Deputy commissioner for life and health.

(c) Deputy commissioner for market regulation.

(2) The general counsel shall also serve as the agency clerk for the Office.

(3) The following organizational units are established within the Office of Insurance Regulation:

(a) Office of Inspector General, which shall be headed by the inspector general.

(b) Office of General Counsel, which shall be headed by the general counsel.

(c) Division of Property and Casualty, which shall include the following business units:

1. Property and Casualty Financial Oversight Bureau.

2. Property and Casualty Product Review Bureau.

(d) Division of Life and Health, which shall include the following business units:

1. Life and Health Financial Oversight Bureau.

2. Life and Health Product Review Bureau.

(e) Division of Market Regulation, which shall include the following business units:

1. Property and Casualty Market Regulation Bureau.

2. Life and Health Market Regulation Bureau.

(4) Each Division shall be headed by a Deputy Commissioner.

(5) Each Bureau shall be headed by a Director.

69N FAC 121.007 | Public Records and Availability of Forms: Procedures for Inspecting and Copying Public Records and for Obtaining Office Forms (Repealed)

69N FAC 121.010 | Indexing, Management, and Availability of Final Orders (Repealed)

69N FAC 121.066 | Informal Conferences

(1) Informal Conferences Authorized. The Office head or a hearing officer designated by the Office may order an informal conference prior to a formal or informal proceeding.

(2) Procedures for Conferences Held Pursuant to Section 624.319(1), F.S.

(a) Every insurer will receive a draft of a report of examination (draft report) resulting from an examination under Section 624.316, F.S. The insurer may review the draft report for a period of up to 30 days as determined from the date of the report's receipt by the insurer. If the insurer desires modifications to the draft report, the insurer shall request an informal conference, as permitted by Section 624.319(1), F.S., by writing to the Office no later than 30 days from the date of the report's receipt by the insurer as shown on the return receipt requested card returned to the Office by the U.S. Postal Service. Requests for an informal conference must be directed to: Bureau Chief, (Name of appropriate solvency bureau), Office of Insurance Regulation, Larson Building, 200 East Gaines Street, Tallahassee, Florida. The zip code for the Life and Health bureau is 32399-0327; the zip code for the Property and Casualty bureau is 32399-0329. Requests may be made by facsimile transmission.

(b) Although Section 624.319, F.S., uses the word "hearing" to refer to this meeting, the "hearing" is conducted pursuant to Section 624.324, F.S., and is not within the scope of Chapter 120, F.S. Instead it is an informal conference at which the insurer has an opportunity to resolve disputed provisions of the draft examination report prior to the Office filing the report as a public document. The Office has found that the following procedures are helpful in reaching an informed resolution in a fair and efficient manner. Therefore, an insurer requesting the informal conference shall comply with the requirements of this subsection.

1. The request for an informal conference must contain a specific listing for each point in the draft report for which the insurer requests a modification. The listing for each point must state all of the facts and provide documentation which support the position of the insurer relative to a modification of the report.

2. Due to the varied nature of requests for modifications to a draft report, the informal conference does not have any specific agenda. During the informal conference the insurer may present any information or evidence relative to the facts which it believes will support its position that modification should be made to the draft report.

(c) After reviewing the information and documentation presented at the informal conference, the Office will either: provide a new draft report to the company in accordance with the conditions of Section 624.319(2), F.S.; perform additional field examination work; or notify the company that it intends to file the report as presented in the draft form.

(d) In the absence of a timely request, the Office shall file the draft report as a finalized report and make it a public document.

(e) If disputed points are not settled in the conference, and the Office notifies the company that it intends to file the report and make it a public document as presented in the draft form, the insurer may request a formal hearing to resolve the disputed issues, as provided for under Chapter 120, F.S., and in accordance with the Notice of Rights which are a part of the Office's notification.

69N FAC 121.087 | Fingerprint Fee

Each set of fingerprints filed with the Office of Insurance Regulation shall be accompanied by a processing fee. The processing fee shall be the total of the following amounts:

$25.00 for processing by the Office; and

the fee charged to the Office by the Florida Department of Law Enforcement for its processing of the fingerprint card; and

the fee charged to the Office by the Federal Bureau of Investigation for its processing of the fingerprint card.

69N FAC 127.001 | Database Information

The cost for the Annual Report of the Office of Insurance Regulation, pursuant to section 624.313(1), F.S., is $30.00.

69N FAC 127.002 | Cost of Publications

The Office shall establish the cost of each publication issued pursuant to section 624.313, F.S., which shall include the cost of printing, binding, writing, editing, typesetting, artwork, photography, and other similar activities, involved with the particular publication, plus the cost of packaging and shipping.

69O FAC 123.001 | Purpose (Repealed)

69O FAC 123.002 | Procedure (Repealed)

69O FAC 124.001 | Definitions (Repealed)

69O FAC 124.002 | Rights of Borrower (Repealed)

69O FAC 124.010 | Substitution of Policies (Repealed)

69O FAC 124.011 | Renewals; Selection and Approval (Repealed)

69O FAC 124.013 | Statement of Anti-coercion; Form (Repealed)

69O FAC 124.014 | Continuous or Prepaid Policies (Repealed)

69O FAC 124.015 | Lender, Insurance Information (Repealed)

69O FAC 124.016 | Title Insurance (Repealed)

69O FAC 124.021 | Purpose (Repealed)

69O FAC 124.022 | Scope (Repealed)

69O FAC 124.023 | Qualification for Student Loan Not Contingent on Purchase of Insurance from Insurance Company

Concurrent with the solicitation of an application for an insurance product that is marketed in conjunction with obtaining a student loan from the same insurance company, the insurance company shall provide the applicant with a written disclosure form as provided in Rule 69O-124.024, F.A.C., herein. In the event an applicant refuses to sign the form, the insurance company shall be precluded from selling an insurance policy to the loan applicant unless the company's representative indicates at the bottom of the form that the applicant refuses to sign the form, lists the names of the applicant and the company representative who discussed the form with the applicant, indicates the date the form was discussed with the applicant, and the reason, if any, given by the applicant as to why he or she refuses to sign the form. Each participating insurance company shall maintain said form on file for the life of any and all policies that are written on behalf of the applicant.

69O FAC 124.024 | Disclosure Form

The following disclosure form shall be utilized:

IMPORTANT NOTICE TO APPLICANTS REGARDING STUDENT LOANS OBTAINED THROUGH:
___________ Name of Insurance Company

PLEASE READ THE FOLLOWING STATEMENTS CAREFULLY:

1. IF YOU APPLY FOR A STUDENT LOAN FROM AN INSURANCE COMPANY, THE INSURANCE LAWS OF THIS STATE PROVIDE THAT YOU CANNOT BE REQUIRED TO PURCHASE INSURANCE FROM THE INSURANCE COMPANY IN ORDER TO QUALIFY FOR THE LOAN.

2. THE STANDARDS FOR QUALIFYING FOR A FEDERAL OR STATE GUARANTEED STUDENT LOAN AS WELL AS THE REQUIREMENTS FOR REPAYING EACH LOAN ARE ESTABLISHED BY FEDERAL AND STATE LAW AND YOU MUST MEET THESE STANDARDS REGARDLESS OF WHETHER YOU ALSO DECIDE TO PURCHASE INSURANCE.

I certify that I have read the above statements and that I understand my rights and privileges relative to the purchase of any insurance in connection with my student loan application.

____________________________
Signature of Insurance Applicant

____________________________
Date

69O FAC 124.025 | Readability of Statement

Type sizes for the disclosure statement required in Rule 69O-124.024, F.A.C., herein shall not be less than fourteen (14) point for the heading, twelve (12) point for each of the statements enumerated in the body and eight (8) point for the acknowledgement and signature block. Type style shall be selected with legibility as the primary consideration. The disclosure statement shall appear on a separate sheet of paper with no other text included on the sheet.

69O FAC 125.001 | Unfair Discrimination Because of Sex or Marital Status

(1) No insurer nor person authorized to engage in the business of insurance in the State of Florida shall refuse to issue any policy, contract or certificate of insurance of annuity contract or shall cancel or decline to renew any policy, contract or certificate of insurance or annuity contract solely because of the sex or marital status of the applicant, insured, policyholder, certificate holder or annuitant; nor shall said insurer or person engaged in the business of insurance in this state provide in such policy, contract or certificate of insurance or annuity contract for the payment of dividends or other benefits of whatever nature or kind, nor provide therein contractual terms or conditions, which based solely upon the sex or marital status of the applicant, insured, policyholder, certificate holder or annuitant, except to the extent the amount of benefits, term, conditions, or type of coverage vary as a result of the application of rate differentials permitted under the Florida Insurance Code. However, nothing in this rule shall prohibit an insurer from taking marital status into account for the purpose of defining persons eligible for dependents' benefits.

(2) This rule does not apply to or affect the right of fraternal benefit societies to determine eligibility requirements for membership. If a fraternal benefit society does, however, admit members of both sexes, this rule is applicable to the insurance benefits available to members thereof.

(3) Specific examples of practices prohibited by this rule include but are not limited to the following:

(a) Denying coverage to females gainfully employed at home, employed part-time or employed by relatives when coverage is offered to males similarly employed.

(b) Denying policy riders to females when the riders are available to males.

(c) Denying maternity benefits to insureds or prospective insureds purchasing an individual contract when comparable family coverage contracts offer maternity benefits.

(d) Denying under group contracts, dependent coverage to husbands of female employees, when dependent coverage is available to wives of male employees.

(e) Denying disability income contracts to employed women when coverage is offered to men similarly employed.

(f) Treating complications of pregnancy differently from any other illness or sickness under the contract.

(g) Restricting, reducing, modifying, or excluding benefits relating to coverage involving the genital organs of only one sex.

(h) Offering lower maximum monthly benefits to women than to men who are in the same classification under a disability income contract.

(i) Offering more restrictive benefit periods and more restrictive definitions of disability to women than to men in the same classifications under a disability income contract.

(j) Establishing different conditions by sex under which the policyholder may exercise benefit options contained in the contract.

(k) Limiting the amount of coverage an insured or prospective insured may purchase based upon the marital status unless such limitation is for the purpose of defining persons eligible for dependents' benefits.

(4) This rule shall be adopted on being filed with the Department of State and shall become effective on January 1, 1978.

69O FAC 125.002 | Unfair Discrimination in Insurance Rates ‒ Multi-policy Discounts (Repealed)

69O FAC 125.003 | Unfair Discrimination Because of Travel Plans

(1) No insurer nor person authorized to engage in the business of insurance in the State of Florida shall refuse to issue or refuse to continue any policy, contract or certificate of insurance of any individual, or limit the amount, extent or kind of insurance coverage offered to an individual, an accident, disability or health insurance policy or certificate, because of the intent of the applicant to engage in future lawful foreign travel or based upon past lawful foreign travel, unless the insurer can demonstrate that insureds who have traveled or intend to travel are a separate actuarially supportable class whose risk of loss is different from those insureds who have not traveled and do not intend to travel.

(2) No insurer nor person authorized to engage in the business of insurance in the State of Florida, shall, in determining the rates charged an applicant for coverage under any policy, contract or certificate of life insurance, annuity contract, accident, disability or health insurance, issued or to be issued to be delivered to any resident of this state, consider the intent of the applicant to engage in future lawful foreign travel or past lawful travel of the applicant, unless the insurer can demonstrate that insureds who have traveled or intend to travel are a separate actuarially supportable class whose risk of loss is different from those insureds who have not traveled and do not intend to travel.

(3) No insurer nor person authorized to engage in the business of insurance in the State of Florida shall refuse to issue any policy, contract or certificate of life insurance to or refuse to continue any policy, contract or certificate of life insurance of any individual or limit the amount, extent or kind of life insurance coverage offered to an individual based solely on the individual's past lawful foreign travel.

(4) No insurer nor person authorized to engage in the business of insurance in the State of Florida shall refuse to issue any policy, contract or certificate of life insurance to or refuse to continue any policy, contract or certificate of life insurance of an individual, or limit the amount, extent or kind of life insurance coverage offered an individual based solely on the individual's future lawful foreign travel plans unless the insurer can demonstrate that individuals who travel are a separate actuarially supportable class whose mortality risk is different from that of individuals who do not travel, and that such risk classification is based on sound actuarial principles and actual or reasonably anticipated experience that correlates to the risk of travel to a specific destination.

(5) An insurer shall file for approval information demonstrating that individuals who travel to a specific destination constitute a separate actuarially supportable class. The insurer shall not utilize such information within any underwriting decision resulting in a refusal to issue, refusal to continue, limitation on amount, extent or kind of life insurance coverage available to an individual until the Office has first approved the filing and determined that the insurer has demonstrated that the underwriting proposed meets compliance with the standards of section 626.9541(1)(dd), F.S. Nothing in this rule prevents an insurer from asking questions about foreign travel on an application in order to compile information provided such information is not used in any underwriting decision unless the insurer has received prior approval from the Office.

(6) In determining individuals who travel are a separate actuarially supportable class whose risk of loss is different from those individuals who do not travel based on sound actuarial principles and actual or reasonably anticipated experience that correlates to the risk of travel to a specific destination, insurers shall:

(a) Have performed a detailed actuarial analysis detailing the specific impact of the proposed risk;

(b) Demonstrate that all similar risks with similar risk exposure are similarly treated and that the risk is outside of the underwriting parameters that the insurer is accepting for its maximum rated risks;

(c) Use statistically credible data that is specific and relevant to the analysis and risk being evaluated, that is, using a country population death rate is not relevant to the analysis of the risk of short-term travel. In the absence of actual experience, an actuary may submit for the Office's consideration clear actuarial evidence, including clinical experience or expert opinion relied upon by the actuary that demonstrates to the Office that differences in risk are related to the travel;

(d) Disclose the range of underwriting and rating options and how each is supported by the analysis;

(e) Maintain a report prepared by the actuary providing the information used and relied upon by the actuary in preparing his conclusions, including but not limited to: summarizing the source, basis and relevancy of data used, the impact of the risk on expected loss, the range of expected loss within the underwriting class and how the proposed travel risk falls inside or outside of such underwriting range, the analysis performed and the basis of any conclusions reached. Such report shall disclose how compliance with all appropriate actuarial standards of practice is met and specifically detail any standards that are not.

(7) In accordance with section 626.9541(1)(dd)3., F.S., an insurer may file a petition for a variance or waiver with the Office for a limited exception from the statute and this rule. The petition shall contain supporting information demonstrating that the requested limited exception(s) are based upon national or international emergency conditions that affect the public health, safety, and welfare and are consistent with public policy.

(8)

(a) Insurers are required to maintain the following data. The data for each calendar year shall be submitted to the Office annually by January 31 of the following year:

1. The number of applications under which a policy or certificate of life insurance was denied,

2. The number of applications under which a policy or certificate of life insurance's continuation was refused; and,

3. The number of applications under which a policy or certificate of life insurance coverage was limited.

(b) For each specific case, the insurer shall provide the reason for taking such action.

(c) For each case the insurer shall provide a brief summary, prepared by an actuary, of the supporting data and analysis used in taking such action for such specific destination. Such underlying data and analysis shall be available upon request of the Office.

(9)

(a) Violation of this rule constitutes unfair discrimination prohibited by sections 626.9541(1)(g) and (dd), F.S.

(b) An insurer that uses past travel or future lawful travel in underwriting decisions without having first filed and received approval of the Office shall, among other administrative penalties:

1. Provide restitution to all applicants or insureds that were negatively acted upon by the insurer,

2. Issue the coverage applied for which was rejected, subject to the applicants option of the effective date being the date of application or the current date; and,

3. Pay any valid claim of an applicant incurred subsequent to the initial application date.

(10) "Travel" shall not include "residency" or relocation for employment. An individual who is absent from the United States for more than one hundred eighty (180) consecutive days and has established a residence in a foreign country during that period is considered to be residing in that country. Residency in a foreign country is not considered "foreign travel" for purposes of this rule.

69O FAC 125.004 | Credit Report Use and Disclosure in Consideration of Insurance Applications

(1) The purposes and scope of this rule are:

(a) To assure that insurance applicants are given notice when credit reports will be requested and reviewed in underwriting an insurance application; and,

(b) To prevent the unfairly discriminatory use of credit reports in underwriting insurance applications.

(c) This rule applies to the underwriting of applications for personal lines automobile and homeowners insurance only.

(2) For purposes of this rule:

(a) The term "credit report" means any written, oral, or other communication of any information by a consumer reporting agency (as defined in the Federal Fair Credit Reporting Act) bearing on a consumer's credit worthiness, credit standing, or credit capacity, which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for personal lines automobile or homeowner insurance to be used primarily for person, family, or household purposes.

(b) The term "adverse underwriting decision" means a decision to reject an insurance application or to issue the policy with restrictions that would not apply but for the consideration of the credit report.

(3) Any insurer that requests or utilizes credit reports in the review of personal lines automobile or homeowner insurance applications shall maintain and adhere to written procedures established by the insurer which shall specify:

(a) The circumstances under which credit reports will or may be requested and the reports will or may be used in underwriting decisions;

(b) That the insurer shall notify the applicant prior to such request that a credit report will or may be requested in connection with an insurance application.

(c) That this notification shall be written, or in the same medium as the application. If the insurer is using the application to provide notice, then it shall provide a space for the initials of the person completing the application, denoting that the notice was provided. Once notice is given to an applicant, it need not be provided again as to subsequent applications by the same applicant.

(d) That the decision to request a credit report will not be made based upon race, color, creed, marital status, sex, or national origin of the applicant; and,

(e) That any applicant that is affected by an adverse underwriting decision as defined in this rule shall be advised of the means by which the applicant can obtain a copy of the credit report.

(4)

(a) Any insurer that requests or utilizes credit reports in consideration of an application for personal lines automobile or homeowners insurance shall maintain evidence of its compliance with the written procedures prescribed in subsection (3).

(b) The evidence need not be in any particular form, so long as it is sufficient to reasonably demonstrate compliance.

(c) The evidence shall be made available for review by the Office at the offices of the insurer for examination by the Office.

(d) When an insurer within the scope of this rule denies an application based on information in a credit report, the reasons accompanying the notice of denial as specified by section 627.4091, F.S., must indicate the means by which the applicant may obtain a copy of the credit report, and by which the applicant may identify the specific items in the credit report which resulted in the denial. Evidence of the notice of denial shall be retained by the insurer, and a record of the contents of the credit report shall be maintained by the insurer or pursuant to the insurer's agreement with the consumer reporting agency for a sufficient time to be available during the next market conduct examination conducted pursuant to section 624.3161, F.S.

69O FAC 127.001 | Database Information

The cost for the Annual Report of the Office of Insurance Regulation, pursuant to section 624.313(1), F.S., is $30.00.

69O FAC 127.002 | Cost of Publications

The Office shall establish the cost of each publication issued pursuant to section 624.313, F.S., which shall include the cost of printing, binding, writing, editing, typesetting, artwork, photography, and other similar activities, involved with the particular publication, plus the cost of packaging and shipping.

69O FAC 128.001 | Purpose and Scope

(1) Purpose. This rule governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees regulated pursuant to the Florida Insurance Code. In addition, the provisions of this rule chapter are applicable to a licensee domiciled in this state that engages in activities with respect to persons residing or domiciled in another state that has not enacted laws or regulations necessary to comply with the requirements of the Gramm-Leach-Bliley Act (PL 102-106). These rules:

(a) Require a licensee to provide notice to individuals about its privacy policies and practices;

(b) Describe the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and,

(c) Provide methods for individuals to prevent a licensee from disclosing that information.

(2) Scope. These rules apply to:

(a) Nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family or household purposes from licensees. These rules do not apply to information about companies or about individuals who obtain products or services for business, commercial or agricultural purposes; and,

(b) All nonpublic personal health information.

(3) Rule of Construction. The examples in these rules and the sample clauses in Appendix A, incorporated by reference in Rule 69O-128.007, F.A.C., are not exclusive. Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this rule.

69O FAC 128.002 | Definitions

As used in these rules, unless the context requires otherwise:

(1) "Affiliate" means a company that controls, is controlled by or is under common control with another company.

(2)

(a) "Clear and conspicuous" means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.

(b) Examples.

1. Reasonably understandable. A licensee makes its notice reasonably understandable if it:

a. Presents the information in the notice in clear, concise sentences, paragraphs and sections;

b. Uses short explanatory sentences or bullet lists whenever possible;

c. Uses definite, concrete, everyday words and active voice whenever possible;

d. Avoids multiple negatives;

e. Avoids legal and highly technical business terminology whenever possible; and,

f. Avoids explanations that are imprecise and readily subject to different interpretations.

2. Designed to call attention. A licensee designs its notice to call attention to the nature and significance of the information in it if the licensee:

a. Uses a plain-language heading to call attention to the notice;

b. Uses a typeface and type size that are easy to read;

c. Provides wide margins and ample line spacing;

d. Uses boldface or italics for key words; and,

e. In a form that combines the licensee's notice with other information, uses distinctive type size, style, and graphic devices, such as shading or sidebars.

3. Notices on web sites. If a licensee provides a notice on a web page, the licensee designs its notice to call attention to the nature and significance of the information in it if the licensee uses text or visual cues to encourage scrolling down the page if necessary to view the entire notice and ensure that other elements on the web site, such as text, graphics, hyperlinks or sound, do not distract attention from the notice, and the licensee either:

a. Places the notice on a screen that consumers frequently access, such as a page on which transactions are conducted; or

b. Places a link on a screen that consumers frequently access, such as a page on which transactions are conducted, that connects directly to the notice and is labeled appropriately to convey the importance, nature and relevance of the notice.

(3) "Collect" means to obtain information that the licensee organizes or can retrieve by the name of an individual or by identifying number, symbol or other identifying particular assigned to the individual, irrespective of the source of the underlying information.

(4) "Company" means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship or similar organization.

(5)

(a) "Consumer" means an individual who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family or household purposes, and about whom the licensee has nonpublic personal information, or that individual's legal representative.

(b) Examples.

1. An individual who provides nonpublic personal information to a licensee in connection with obtaining or seeking to obtain financial, investment or economic advisory services relating to an insurance product or service is a consumer regardless of whether the licensee establishes an ongoing advisory relationship.

2. An applicant for insurance prior to the inception of insurance coverage is a licensee's consumer.

3. An individual who is a consumer of another financial institution is not a licensee's consumer solely because the licensee is acting as agent for, or provides processing or other services to, that financial institution.

4. An individual is a licensee's consumer if the individual is:

a.

(I) A beneficiary of a life insurance policy underwritten by the licensee;

(II) A claimant under an insurance policy issued by the licensee;

(III) An insured or an annuitant under an insurance policy or an annuity, respectively, issued by the licensee; or

(IV) A mortgagor of a mortgage covered under a mortgage insurance policy; and,

b. The licensee discloses nonpublic personal financial information about the individual to a nonaffiliated third party other than as permitted under Rules 69O-128.014, 69O-128.015 and 69O-128.016, F.A.C.

5. Provided that the licensee provides the initial, annual and revised notices under Rules 69O-128.005, 69O-128.006 and 69O-128.009, F.A.C., to the plan sponsor, group or blanket insurance policyholder or group annuity contract holder or workers' compensation plan participant, and further provided that the licensee does not disclose to a nonaffiliated third party nonpublic personal financial information about such an individual other than as permitted under Rules 69O-128.014, 69O-128.015 and 69O-128.016, F.A.C., an individual is not the consumer of the licensee solely because he or she is:

a. A participant or a beneficiary of an employee benefit plan that the licensee administers or sponsors or for which the licensee acts as a trustee, insurer or fiduciary;

b. Covered under a group or blanket insurance policy or group annuity contract issued by the licensee; or

c. A beneficiary in a workers' compensation plan.

6.

a. The individuals described in sub-subparagraphs (5)(b)5.a. through c. of this paragraph, are consumers of a licensee if the licensee does not meet all the conditions of subparagraph (5)(b)5.

b. In no event shall the individuals, solely by virtue of the status described in sub-subparagraphs (5)(b)5.a. through c., above, be deemed to be customers for purposes of this rule.

7. An individual is not a licensee's consumer solely because he or she is a beneficiary of a trust for which the licensee is a trustee.

8. An individual is not a licensee's consumer solely because he or she has designated the licensee as trustee for a trust.

(6) "Consumer reporting agency" has the same meaning as in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(f)).

(7) "Control" means:

(a) Ownership, control or power to vote 25 percent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons;

(b) Control in any manner over the election of a majority of the directors, trustees or general partners (or individuals exercising similar functions) of the company; or

(c) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as the Office determines.

(8) "Customer" means a consumer who has a customer relationship with a licensee.

(9)

(a) "Customer relationship" means a continuing relationship between a consumer and a licensee under which the licensee provides one or more insurance products or services to the consumer that are to be used primarily for personal, family or household purposes.

(b) Examples.

1. A consumer has a continuing relationship with a licensee if:

a. The consumer is a current policyholder of an insurance product issued by or through the licensee; or

b. The consumer obtains financial, investment or economic advisory services relating to an insurance product or service from the licensee for a fee.

2. A consumer does not have a continuing relationship with a licensee if:

a. The consumer applies for insurance but does not purchase the insurance;

b. The licensee sells the consumer airline travel insurance or similar limited duration types of travel related insurance in an isolated transaction not involving a continuing policyholder relationship;

c. The individual is no longer a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee;

d. The consumer is a beneficiary or claimant under a policy and has submitted a claim under a policy choosing a settlement option involving an ongoing relationship with the licensee;

e. The consumer is a beneficiary or a claimant under a policy and has submitted a claim under that policy choosing a lump sum settlement option;

f. The customer's policy is lapsed, expired, or otherwise inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of 12 consecutive months, other than annual privacy notices, material required by law or rule, communication at the direction of a state or federal authority, or promotional materials;

g. The individual is an insured or an annuitant under an insurance policy or annuity, respectively, but is not the policyholder or owner of the insurance policy or annuity; or

h. For the purposes of this rule, the individual's last known address according to the licensee's records is deemed invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful.

(10)

(a) "Financial institution" means any institution the business of which is engaging in activities that are financial in nature or incidental to such financial activities as described in Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)).

(b) Financial institution does not include:

1. Any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.),

2. The Federal Agricultural Mortgage Corporation or any entity charged and operating under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); or

3. Institutions chartered by Congress specifically to engage in securitizations, secondary market sales (including sales of servicing rights) or similar transactions related to a transaction of a consumer, as long as the institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party.

(11)

(a) "Financial product or service" means a product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under Section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)).

(b) Financial service includes a financial institution's evaluation or brokerage of information that the financial institution collects in connection with a request or an application from a consumer for a financial product or service.

(12) "Health care" means:

(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, procedures, tests or counseling that:

1. Relates to the physical, mental or behavioral condition of an individual; or

2. Affects the structure or function of the human body or any part of the human body, including the banking of blood, sperm, organs or any other tissue; or

(b) Prescribing, dispensing or furnishing to an individual drugs or biologicals, or medical devices or health care equipment and supplies.

(13) "Health care provider" means a physician or other health care practitioner licensed, accredited or certified to perform specified health services consistent with state law, or a health care facility.

(14) "Health information" means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to:

(a) The past, present or future physical, mental or behavioral health or condition of an individual;

(b) The provision of health care to an individual; or

(c) Payment for the provision of health care to an individual.

(15)

(a) "Insurance product or service" means any product or service that is offered by a licensee pursuant to the insurance laws of this state.

(b) Insurance service includes a licensee's evaluation, brokerage or distribution of information that the licensee collects in connection with a request or an application from a consumer for a insurance product or service.

(16)

(a)

1. "Licensee" means all licensed insurers, producers and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered pursuant to the Florida Insurance Code.

2. "Licensee" does not include persons or entities regulated pursuant to Chapter 634, F.S.

(b) A licensee is not subject to the notice and opt out requirements for nonpublic personal financial information set forth in these rules if the licensee is an employee, agent or other representative of another licensee ("the principal"), and:

1. The principal otherwise complies with, and provides the notices required by, the provisions of these rules; and,

2. The licensee does not disclose any nonpublic personal information to any person, including the principal or its affiliates, unless in a manner permitted by this rule.

(c)

1. Subject to subparagraph (b)2., above, "licensee" shall also include an unauthorized insurer that accepts business placed through a licensed surplus lines agent in this state, but only in regard to the surplus lines placements placed pursuant to Section 626.916, F.S.

2. A surplus lines agent, producing agent, or surplus lines insurer shall be deemed to be in compliance with the notice and opt out requirements for nonpublic personal financial information set forth in these rules provided:

a. The surplus lines agent, producing agent, or insurer does not disclose nonpublic personal information of a consumer or a customer to nonaffiliated third parties for any purpose, including joint servicing or marketing under Rule 69O-128.014, F.A.C., except as permitted by Rule 69O-128.015 or 69O-128.016, F.A.C.; and,

b. The surplus lines agent, producing agent or insurer delivers a notice to the consumer at the time a customer relationship is established on which the following is printed in 16-point type:

PRIVACY NOTICE

"Neither the U.S. brokers that handled this insurance nor the insurers that have underwritten this insurance will disclose nonpublic personal information concerning the buyer to nonaffiliates of the brokers or insurers except as permitted by law."

(17)

(a) "Nonaffiliated third party" means any person except:

1. A licensee's affiliate; or

2. A person employed jointly by a licensee and any company that is not the licensee's affiliate (but nonaffiliated third party includes the other company that jointly employs the person).

(b) Nonaffiliated third party includes any company that is an affiliate solely by virtue of the direct or indirect ownership or control of the company by the licensee or its affiliate in conducting merchant banking or investment banking activities of the type described in Section 4(k)(4)(H) or insurance company investment activities of the type described in Section 4(k)(4)(I) of the federal Bank Holding Company Act (12 U.S.C. 1843(k)(4)(H) and (I)).

(18) "Nonpublic personal information" means nonpublic personal financial information and nonpublic personal health information.

(19)

(a) "Nonpublic personal financial information" means:

1. Personally identifiable financial information; and,

2. Any list, description or other grouping of consumers (and publicly available information pertaining to them) that is derived using any personally identifiable financial information that is not publicly available.

(b) Nonpublic personal financial information does not include:

1. Health information,

2. Publicly available information, except as included on a list described in subparagraph (19)(a)2. of this rule; or

3. Any list, description or other grouping of consumers (and publicly available information pertaining to them) that is derived without using any personally identifiable financial information that is not publicly available.

(c) Examples of lists.

1. Nonpublic personal financial information includes any list of individuals' names and street addresses that is derived in whole or in part using personally identifiable financial information that is not publicly available, such as account numbers.

2. Nonpublic personal financial information does not include any list of individuals' names and addresses that contains only publicly available information, is not derived in whole or in part using personally identifiable financial information that is not publicly available, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution.

(20) "Nonpublic personal health information" means health information:

(a) That identifies an individual who is the subject of the information; or

(b) With respect to which there is a reasonable basis to believe that the information could be used to identify an individual.

(21)

(a) "Personally identifiable financial information" means any information:

1. A consumer provides to a licensee to obtain an insurance product or service from the licensee;

2. About a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer; or

3. The licensee otherwise obtains about a consumer in connection with providing an insurance product or service to a consumer.

(b) The following are examples of personally identifiable financial information:

1. Information a consumer provides to a licensee on an application to obtain an insurance product or service;

2. Account balance information and payment history;

3. The fact that an individual is or has been one of the licensee's customers or has obtained an insurance product or service from the licensee;

4. Any information about the licensee's consumer if it is disclosed in a manner that indicates that the individual is or has been the licensee's consumer;

5. Any information that a consumer provides to a licensee or that the licensee or its agent otherwise obtains in connection with collecting on a loan or servicing a loan;

6. Any information the licensee collects through an Internet cookie (an information-collecting device from a web server); and,

7. Information from a consumer report.

(c) Personally identifiable financial information does not include:

1. Health information;

2. A list of names and addresses of customers of an entity that is not a financial institution; and,

3. Information that does not identify a consumer, such as aggregate information or blind data that does not contain personal identifiers such as account numbers, names or addresses.

(22)

(a) "Publicly available information" means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from:

1. Federal, state or local government records;

2. Widely distributed media; or

3. Disclosures to the general public that are required to be made by federal, state or local law.

(b) Reasonable basis. A licensee has a reasonable basis to believe that information is lawfully made available to the general public if the licensee has taken steps to determine:

1. That the information is of the type that is available to the general public; and,

2. Whether an individual can direct that the information not be made available to the general public and, if so, that the licensee's consumer has not done so.

(c) Examples.

1. Government records. Publicly available information in government records includes information in government real estate records and security interest filings.

2. Widely distributed media. Publicly available information from widely distributed media includes information from a telephone book, a television or radio program, a newspaper or a website that is available to the general public on an unrestricted basis. A web site is not restricted merely because an Internet service provider or a site operator requires a fee or a password, so long as access is available to the general public.

3. Reasonable basis.

a. A licensee has a reasonable basis to believe that mortgage information is lawfully made available to the general public if the licensee has determined that the information is of the type included on the public record in the jurisdiction where the mortgage would be recorded.

b. A licensee has a reasonable basis to believe that an individual's telephone number is lawfully made available to the general public if the licensee has located the telephone number in the telephone book or the consumer has informed you that the telephone number is not unlisted.

69O FAC 128.005 | Initial Privacy Notice to Consumers Required

(1) Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to:

(a) Customer. An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relationship, except as provided in subsection (5) of this rule; and,

(b) Consumer. A consumer, before the licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if the licensee makes a disclosure other than as authorized by Rules 69O-128.015 and 69O-128.016, F.A.C.

(2) When initial notice to a consumer is not required. A licensee is not required to provide an initial notice to a consumer under paragraph (1)(b), of this rule if:

(a) The licensee does not disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by Rules 69O-128.015 and 69O-128.016, F.A.C., and the licensee does not have a customer relationship with the consumer; or

(b) A notice has been provided by an affiliated licensee, as long as the notice clearly identifies all licensees to whom the notice applies and is accurate with respect to the licensee and the other institutions.

(3) When the licensee establishes a customer relationship.

(a) General rule. A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship.

(b) Examples of establishing customer relationship. A licensee establishes a customer relationship when the consumer:

1. Becomes a policyholder of a licensee that is an insurer when the insurer delivers an insurance policy or contract to the consumer, or in the case of a licensee that is an insurance producer or insurance broker, obtains insurance through that licensee; or

2. Agrees to obtain financial, economic or investment advisory services relating to insurance products or services for a fee from the licensee.

(4) Existing customers. When an existing customer obtains a new insurance product or service from a licensee that is to be used primarily for personal, family or household purposes, the licensee satisfies the initial notice requirements of subsection (1) of this rule as follows:

(a) The licensee may provide a revised policy notice, under Rule 69O-128.009, F.A.C., that covers the customer's new insurance product or service; or

(b) If the initial, revised or annual notice that the licensee most recently provided to that customer was accurate with respect to the new insurance product or service, the licensee does not need to provide a new privacy notice under subsection (1) of this rule.

(5) Exceptions to allow subsequent delivery of notice.

(a) A licensee may provide the initial notice required by paragraph (1)(a) of this rule, within a reasonable time after the licensee establishes a customer relationship if:

1. Establishing the customer relationship is not at the customer's election; or

2. Providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer's transaction and the customer agrees to receive the notice at a later time.

(b) Examples of exceptions.

1. Not at customer's election. Establishing a customer relationship is not at the customer's election if a licensee acquires or is assigned a customer's policy from another financial institution or residual market mechanism and the customer does not have a choice about the licensee's acquisition or assignment.

2. Substantial delay of customer's transaction. Providing notice not later than when a licensee establishes a customer relationship would substantially delay the customer's transaction when the licensee and the individual agree over the telephone to enter into a customer relationship involving prompt delivery of the insurance product or service.

3. No substantial delay of customer's transaction. Providing notice not later than when a licensee establishes a customer relationship would not substantially delay the customer's transaction when the relationship is initiated in person at the licensee's office or through other means by which the customer may view the notice, such as on a website.

(6) Delivery. When a licensee is required to deliver an initial privacy notice by this rule, the licensee shall deliver it according to Rule 69O-128.010, F.A.C. If the licensee uses a short-form initial notice for non-customers according to subsection 69O-128.007(4), F.A.C., the licensee may deliver its privacy notice according to paragraph 69O-128.007(4)(c), F.A.C.

69O FAC 128.006 | Annual Privacy Notice to Customers Required

(1)

(a) General rule. A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of 12 consecutive months during which that relationship exists. A licensee may define the twelve consecutive month period, but the licensee shall apply it to the customer on a consistent basis.

(b) Example. A licensee provides a notice annually if it defines the twelve-consecutive-month period as a calendar year and provides the annual notice to the customer once in each calendar year following the calendar year in which the licensee provided the initial notice. For example, if a customer opens an account on any day of year 1, the licensee shall provide an annual notice to that customer by December 31 of year 2.

(2)

(a) Termination of customer relationship. A licensee is not required to provide an annual notice to a former customer. A former customer is an individual with whom a licensee no longer has a continuing relationship.

(b) Examples.

1. A licensee no longer has a continuing relationship with an individual if the individual no longer is a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee.

2. A licensee no longer has a continuing relationship with an individual if the individual's policy is lapsed, expired or otherwise inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of 12 consecutive months, other than to provide annual privacy notices, material required by law or rule, or promotional materials.

3. For the purposes of this rule, a licensee no longer has a continuing relationship with an individual if the individual's last known address according to the licensee's records is deemed invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful.

4. A licensee no longer has a continuing relationship with a customer in the case of providing real estate settlement services, at the time the customer completes execution of all documents related to the real estate closing, payment for those services has been received, or the licensee has completed all of its responsibilities with respect to the settlement, including filing documents on the public record, whichever is later.

(3) Delivery. When a licensee is required by this rule to deliver an annual privacy notice, the licensee shall deliver it according to Rule 69O-128.010, F.A.C.

69O FAC 128.007 | Information to be Included in Privacy Notices

(1) General rule. The initial, annual and revised privacy notices that a licensee provides under Rules 69O-128.005, 69O-128.006 and 69O-128.009, F.A.C., shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies to the licensee and to the consumers to whom the licensee sends its privacy notice:

(a) The categories of nonpublic personal financial information that the licensee collects;

(b) The categories of nonpublic personal financial information that the licensee discloses;

(c) The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under Rules 69O-128.015 and 69O-128.016, F.A.C.;

(d) The categories of nonpublic personal financial information about the licensee's former customers that the licensee discloses and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information about the licensee's former customers, other than those parties to whom the licensee discloses information under Rules 69O-128.015 and 69O-128.016, F.A.C.;

(e) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under Rule 69O-128.014, F.A.C. (and no other exception in Rules 69O-128.015 and 69O-128.016, F.A.C., applies to that disclosure), a separate description of the categories of information the licensee discloses and the categories of third parties with whom the licensee has contracted;

(f) An explanation of the consumer's right under subsection 69O-128.011(1), F.A.C., to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including the methods by which the consumer may exercise that right at that time;

(g) Any disclosures that the licensee makes under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(A)(iii))(that is, notices regarding the ability to opt out of disclosures of information among affiliates);

(h) The licensee's policies and practices with respect to protecting the confidentiality and security of nonpublic personal information; and,

(i) Any disclosure that the licensee makes under subsection (2) of this rule.

(2) Description of parties subject to exceptions. If a licensee discloses nonpublic personal financial information as authorized under Rules 69O-128.015 and 69O-128.016, F.A.C., the licensee is not required to list those exceptions in the initial or annual privacy notices required by Rules 69O-128.005 and 69O-128.006, F.A.C. When describing the categories of parties to whom disclosure is made, the licensee is required to state only that it makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.

(3) Examples.

(a) Categories of nonpublic personal financial information that the licensee collects. A licensee satisfies the requirement to categorize the nonpublic personal financial information it collects if the licensee categorizes it according to the source of the information, as applicable:

1. Information from the consumer;

2. Information about the consumer's transactions with the licensee or its affiliates;

3. Information about the consumer's transactions with nonaffiliated third parties; and,

4. Information from a consumer reporting agency.

(b) Categories of nonpublic personal financial information a licensee discloses.

1. A licensee satisfies the requirement to categorize nonpublic personal financial information it discloses if the licensee categorizes the information according to source, as described in paragraph (a), above, as applicable, and provides a few examples to illustrate the types of information in each category. These might include:

a. Information from the consumer, including application information, such as assets and income and identifying information, such as name, address and social security number,

b. Transaction information, such as information about balances, payment history and parties to the transaction; and,

c. Information from consumer reports, such as a consumer's creditworthiness and credit history.

2. A licensee does not adequately categorize the information that it discloses if the licensee uses only general terms, such as transaction information about the consumer.

3. If a licensee reserves the right to disclose all of the nonpublic personal financial information about consumers that it collects, the licensee may simply state that fact without describing the categories or examples of nonpublic personal information that the licensee discloses.

(c) Categories of affiliates and nonaffiliated third parties to whom the licensee discloses.

1. A licensee satisfies the requirement to categorize the affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information about consumers if the licensee identifies the types of businesses in which they engage.

2. Types of businesses may be described by general terms only if the licensee uses a few illustrative examples of significant lines of business. For example, a licensee may use the term financial products or services if it includes appropriate examples of significant lines of businesses, such as life insurer, automobile insurer, consumer banking or securities brokerage.

3. A licensee also may categorize the affiliates and nonaffiliated third parties to which it discloses nonpublic personal financial information about consumers using more detailed categories.

(d) Disclosures under exception for service providers and joint marketers. If a licensee discloses nonpublic personal financial information under the exception in Rule 69O-128.014, F.A.C., to a nonaffiliated third party to market products or services that it offers alone or jointly with another financial institution, the licensee satisfies the disclosure requirement of paragraph (1)(e) of this rule, if it:

1. Lists the categories of nonpublic personal financial information it discloses, using the same categories and examples the licensee used to meet the requirements of paragraph (1)(b) of this rule, as applicable; and,

2. States whether the third party is:

a. A service provider that performs marketing services on the licensee's behalf or on behalf of the licensee and another financial institution; or

b. A financial institution with whom the licensee has a joint marketing agreement.

(e) Simplified notices. If a licensee does not disclose, and does not wish to reserve the right to disclose, nonpublic personal financial information about customers or former customers to affiliates or nonaffiliated third parties except as authorized under Rules 69O-128.015 and 69O-128.016, F.A.C., the licensee may simply state that fact, in addition to the information it shall provide under paragraphs (1)(a), (h) and (i), and subsection (2) of this rule.

(f) Confidentiality and security. A licensee describes its policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information if it does both of the following:

1. Describes in general terms who is authorized to have access to the information; and,

2. States whether the licensee has security practices and procedures in place to ensure the confidentiality of the information in accordance with the licensee's policy. The licensee is not required to describe technical information about the safeguards it uses.

(4) Short-form initial notice with opt out notice for non-customers.

(a) A licensee may satisfy the initial notice requirements in paragraph 69O-128.005(1)(b), and subsection 69O-128.008(3), F.A.C., for a consumer who is not a customer by providing a short-form initial notice at the same time as the licensee delivers an opt out notice as required in Rule 69O-128.008, F.A.C.

(b) A short-form initial notice shall:

1. Be clear and conspicuous;

2. State that the licensee's privacy notice is available upon request; and,

3. Explain a reasonable means by which the consumer may obtain that notice.

(c) The licensee shall deliver its short-form initial notice according to Rule 69O-128.010, F.A.C. The licensee is not required to deliver its privacy notice with its short-form initial notice. The licensee instead may simply provide the consumer a reasonable means to obtain its privacy notice. If a consumer who receives the licensee's short-form notice requests the licensee's privacy notice, the licensee shall deliver its privacy notice according to Rule 69O-128.010, F.A.C.

(d) Examples of obtaining privacy notice. The licensee provides a reasonable means by which a consumer may obtain a copy of its privacy notice if the licensee:

1. Provides a toll-free telephone number that the consumer may call to request the notice; or

2. For a consumer who conducts business in person at the licensee's office, maintains copies of the notice on hand that the licensee provides to the consumer immediately upon request.

(5) Future disclosures. The licensee's notice may include:

(a) Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future, but does not currently disclose; and,

(b) Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the licensee does not currently disclose, nonpublic personal financial information.

(6) Sample clauses. Sample clauses illustrating some of the notice content required by this rule are included in Appendix A of this rule, which is incorporated herein by reference.

69O FAC 128.008 | Form of Opt Out Notice to Consumers and Opt Out Methods

(1)

(a) Form of opt out notice. If a licensee is required to provide an opt out notice under subsection 69O-128.011(1), F.A.C., it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that rule. The notice shall state:

1. That the licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party;

2. That the consumer has the right to opt out of that disclosure; and,

3. A reasonable means by which the consumer may exercise the opt out right.

(b) Examples.

1. Adequate opt out notice. A licensee provides adequate notice that the consumer can opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee:

a. Identifies all of the categories of nonpublic personal financial information that it discloses or reserves the right to disclose, and all of the categories of nonaffiliated third parties to which the licensee discloses the information, as described in paragraphs 69O-128.007(1)(a) and (b), F.A.C., and states that the consumer can opt out of the disclosure of that information; and,

b. Identifies the insurance products or services that the consumer obtains from the licensee, either singly or jointly, to which the opt out direction would apply.

2. Reasonable opt out means. A licensee provides a reasonable means to exercise an opt out right if it:

a. Designates check-off boxes in a prominent position on the relevant forms with the opt out notice;

b. Includes a reply form together with the opt out notice;

c. Provides an electronic means to opt out, such as a form that can be sent via electronic mail or a process at the licensee's web site, if the consumer agrees to the electronic delivery of information; or

d. Provides a toll-free telephone number that consumers may call to opt out.

3. Unreasonable opt out means. A licensee does not provide a reasonable means of opting out if:

a. The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or

b. The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that the licensee provided with the initial notice but did not include with the subsequent notice.

4. Specific opt out means. A licensee may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.

(2) Same form as initial notice permitted. A licensee may provide the opt out notice together with or on the same written or electronic form as the initial notice the licensee provides in accordance with Rule 69O-128.005, F.A.C.

(3) Initial notice required when opt out notice delivered subsequent to initial notice. If a licensee provides the opt out notice later than required for the initial notice in accordance with Rule 69O-128.005, F.A.C., the licensee shall also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.

(4) Joint relationships.

(a) If 2 or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice. The licensee's opt out notice shall explain how the licensee will treat an opt out direction by a joint consumer as explained in paragraph (4)(e) of this subsection.

(b) Any of the joint consumers may exercise the right to opt out. The licensee may either:

1. Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or

2. Permit each joint consumer to opt out separately.

(c) If a licensee permits each joint consumer to opt out separately, the licensee shall permit one of the joint consumers to opt out on behalf of all of the joint consumers.

(d) A licensee may not require all joint consumers to opt out before it implements any opt out direction.

(e) Example. If John and Mary are both named policyholders on a homeowner's insurance policy issued by a licensee and the licensee sends policy statements to John's address, the licensee may do any of the following, but it shall explain in its opt out notice which opt out policy the licensee will follow:

1. Send a single opt out notice to John's address, but the licensee shall accept an opt out direction from either John or Mary.

2. Treat an opt out direction by either John or Mary as applying to the entire policy. If the licensee does so and John opts out, the licensee may not require Mary to opt out as well before implementing John's opt out direction.

3. Permit John and Mary to make different opt out directions. If the licensee does so:

a. It shall permit John and Mary to opt out for each other;

b. If both opt out, the licensee shall permit both of them to notify it in a single response (such as on a form or through a telephone call); and,

c. If John opts out and Mary does not, the licensee may only disclose nonpublic personal financial information about Mary, but not about John and not about John and Mary jointly.

(5) Time to comply with opt out. As to opt outs received from consumer later than 30 days after the opt out notification is delivered by the licensee, a licensee shall comply with a consumer's opt out direction as soon as reasonably practicable after the licensee receives it.

(6) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

(7) Duration of consumer's opt out direction.

(a) A consumer's direction to opt out under this rule is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

(b) When a customer relationship terminates, the customer's opt out direction continues to apply to the nonpublic personal financial information that the licensee collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship does not apply to the new relationship.

(8) Delivery. When a licensee is required to deliver an opt out notice by this rule, the licensee shall deliver it according to Rule 69O-128.010, F.A.C.

69O FAC 128.009 | Revised Privacy Notices

(1) General rule. Except as otherwise authorized in these rules, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to that consumer under Rule 69O-128.005, F.A.C., unless:

(a) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices;

(b) The licensee has provided to the consumer a new opt out notice;

(c) The licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and,

(d) The consumer does not opt out.

(2) Examples.

(a) Except as otherwise permitted by Rules 69O-128.014, 69O-128.015, and 69O-128.016, F.A.C., a licensee shall provide a revised notice before it:

1. Discloses a new category of nonpublic personal financial information to any nonaffiliated third party;

2. Discloses nonpublic personal financial information to a new category of nonaffiliated third party; or

3. Discloses nonpublic personal financial information about a former customer to a nonaffiliated third party, if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure.

(b) A revised notice is not required if the licensee discloses nonpublic personal financial information to a new nonaffiliated third party that the licensee adequately described in its prior notice.

(3) Delivery. When a licensee is required to deliver a revised privacy notice by this rule, the licensee shall deliver it according to Rule 69O-128.010, F.A.C.

69O FAC 128.010 | Delivery

(1) How to provide notices. A licensee shall provide any notices that this rule requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.

(2)

(a) Examples of reasonable expectation of actual notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee:

1. Hand-delivers a printed copy of the notice to the consumer;

2. Mails a printed copy of the notice to the last known address of the consumer separately, or in a policy, billing or other written communication;

3. For a consumer who conducts transactions electronically, posts the notice on the electronic site and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular insurance product or service; or

4. For an isolated transaction with a consumer, such as the licensee providing an insurance quote or selling the consumer travel insurance, posts the notice and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular insurance product or service.

(b) Examples of unreasonable expectation of actual notice. A licensee may not, however, reasonably expect that a consumer will receive actual notice of its privacy policies and practices if it:

1. Only posts a sign in its office or generally publishes advertisements of its privacy policies and practices; or

2. Sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.

(3) Annual notices only. A licensee may reasonably expect that a customer will receive actual notice of the licensee's annual privacy notice if:

(a) The customer uses the licensee's website to access insurance products and services electronically and agrees to receive notices at the website and the licensee posts its current privacy notice continuously in a clear and conspicuous manner on the website; or

(b) The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensee's current privacy notice remains available to the customer upon request.

(4) Oral description of notice insufficient. A licensee may not provide any notice required by this rule solely by orally explaining the notice, either in person or over the telephone.

(5) Retention or accessibility of notices for customers.

(a) For customers only, a licensee shall provide the initial notice required by paragraph 69O-128.005(1)(a), F.A.C., the annual notice required by subsection 69O-128.006(1), F.A.C., and the revised notice required by Rule 69O-128.009, F.A.C., so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.

(b) Examples of retention or accessibility. A licensee provides a privacy notice to the customer so that the customer can retain it or obtain it later if the licensee:

1. Hand-delivers a printed copy of the notice to the customer;

2. Mails a printed copy of the notice to the last known address of the customer; or

3. Makes its current privacy notice available on a web site, or a link to another website, for the customer who obtains an insurance product or service electronically and agrees to receive the notice at the website.

(6) Joint notice with other financial institutions. A licensee may provide a joint notice from the licensee and one or more of its affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to the licensee and the other institutions. A licensee also may provide a notice on behalf of another financial institution.

(7) Joint relationships. If 2 or more consumers jointly obtain an insurance product or service from a licensee, the licensee may satisfy the initial, annual and revised notice requirements of subsections 69O-128.005(1), 69O-128.006(1), and 69O-128.009(1), F.A.C., respectively, by providing one notice to those consumers jointly.

69O FAC 128.011 | Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

(1)

(a) Conditions for disclosure. Except as otherwise authorized in these rules, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:

1. The licensee has provided to the consumer an initial notice as required under Rule 69O-128.005, F.A.C.,

2. The licensee has provided to the consumer an opt out notice as required in Rule 69O-128.008, F.A.C.,

3. The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure; and,

4. The consumer does not opt out.

An agent may not disclose a consumer's nonpublic personal financial information to appointing insurers to shop for insurance products or services other than those initially requested by the consumer unless such disclosure meets the requirements of this subparagraphs 69O-128.011(1)(a)1.-4., F.A.C., or the conditions set forth in subsection 69O-128.015(1), F.A.C.

(b) Opt out definition. Opt out means a direction by the consumer that the licensee not disclose nonpublic personal financial information about that consumer to a nonaffiliated third party, other than as permitted by Rules 69O-128.014, 69O-128.015, and 69O-128.016, F.A.C.

(c) Examples of reasonable opportunity to opt out. A licensee provides a consumer with a reasonable opportunity to opt out if:

1. By mail. The licensee mails the notices required in paragraph (1)(a) of this subsection, to the consumer at the consumer's last known address and allows the consumer a time period of at least 30 days from the date the licensee mailed the notices to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means.

2. By electronic means. A customer opens an on-line account with a licensee and agrees to receive the notices required in paragraph (a) of this subsection electronically, and the licensee allows the customer to opt out by any reasonable means within 30 days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account.

3. Isolated transaction with consumer. For an isolated transaction such as providing the consumer with an insurance quote, a licensee provides the consumer with a reasonable opportunity to opt out if the licensee provides the notices required in paragraph (1)(a) of this subsection, at the time of the transaction and requests that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.

(2) Application of opt out to all consumers and all nonpublic personal financial information.

(a) A licensee shall comply with this rule, regardless of whether the licensee and the consumer have established a customer relationship.

(b) Unless a licensee complies with this rule, the licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer that the licensee has collected, regardless of whether the licensee collected it before or after receiving the direction to opt out from the consumer.

(3) Partial opt out. A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.

69O FAC 128.012 | Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

(1)

(a) Information the licensee receives under an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., the licensee's disclosure and use of that information is limited as follows:

1. The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information,

2. The licensee may disclose the information to its affiliates, but the licensee's affiliates may, in turn, disclose and use the information only to the extent that the licensee may disclose and use the information; and,

3. The licensee may disclose and use the information pursuant to an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.

(b) Example. If a licensee receives information from a nonaffiliated financial institution for claims settlement purposes, the licensee may disclose the information for fraud prevention, or in response to a properly authorized subpoena. The licensee may not disclose that information to a third party for marketing purposes or use that information for its own marketing purposes.

(2)

(a) Information a licensee receives outside of an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., the licensee may disclose the information only:

1. To the affiliates of the financial institution from which the licensee received the information,

2. To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information; and,

3. To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

(b) Example. If a licensee obtains a customer list from a nonaffiliated financial institution outside of the exceptions in Rule 69O-128.015 or 69O-128.016, F.A.C.:

1. The licensee may use that list for its own purposes; and,

2. The licensee may disclose that list to another nonaffiliated third party only if the financial institution from which the licensee purchased the list could have lawfully disclosed the list to that third party. That is, the licensee may disclose the list in accordance with the privacy policy of the financial institution from which the licensee received the list, as limited by the opt out direction of each consumer whose nonpublic personal financial information the licensee intends to disclose, and the licensee may disclose the list in accordance with an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., such as to the licensee's attorneys or accountants.

(3) Information a licensee discloses under an exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., the third party may disclose and use that information only as follows:

(a) The third party may disclose the information to the licensee's affiliates;

(b) The third party may disclose the information to its affiliates, but its affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information; and,

(c) The third party may disclose and use the information pursuant to an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out the activity covered by the exception under which it received the information.

(4) Information a licensee discloses outside of an exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., the third party may disclose the information only:

(a) To the licensee's affiliates;

(b) To the third party's affiliates, but the third party's affiliates, in turn, may disclose the information only to the extent the third party can disclose the information; and,

(c) To any other person, if the disclosure would be lawful if the licensee made it directly to that person.

69O FAC 128.013 | Limits on Sharing Account Number Information for Marketing Purposes

(1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer.

(2) Exceptions. Subsection (1) of this rule does not apply if a licensee discloses a policy number or similar form of access number or access code:

(a) To the licensee's service provider solely in order to perform marketing for the licensee's own products or services, as long as the service provider is not authorized to directly initiate charges to the account;

(b) To a licensee who is a producer solely in order to perform marketing for the licensee's own products or services; or

(c) To a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

(3) Examples.

(a) Policy number. A policy number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as the licensee does not provide the recipient with a means to decode the number or code.

(b) Policy or transaction account. For the purposes of this rule, a policy or transaction account is an account other than a deposit account or a credit card account. A policy or transaction account does not include an account to which third parties cannot initiate charges.

69O FAC 128.014 | Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

(1) General rule.

(a) The opt out requirements in Rules 69O-128.008 and 69O-128.011, F.A.C., do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee:

1. Provides the initial notice in accordance with Rule 69O-128.005, F.A.C.; and,

2. Enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out those purposes.

(b) Example. If a licensee discloses nonpublic personal financial information under this rule to a financial institution with which the licensee performs joint marketing, the licensee's contractual agreement with that institution meets the requirements of subparagraph (1)(a)2. of this subsection, if it prohibits the institution from disclosing or using the nonpublic personal financial information except as necessary to carry out the joint marketing or under an exception in Rule 69O-128.015 or 69O-128.016, F.A.C., in the ordinary course of business to carry out that joint marketing.

(2) Service may include joint marketing. The services a nonaffiliated third party performs for a licensee under subsection (1) of this rule, may include marketing of the licensee's own products or services or marketing of financial products or services offered pursuant to joint agreements between the licensee and one or more financial institutions.

(3) Definition of "joint agreement." For purposes of this rule, "joint agreement" means a written contract pursuant to which a licensee and one or more financial institutions jointly offer, endorse or sponsor a financial product or service.

69O FAC 128.015 | Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

(1) Exceptions for processing transactions at consumer's request. The requirements for initial notice in paragraph 69O-128.005(1)(b), F.A.C., the opt out in Rules 69O-128.008 and 69O-128.011, F.A.C., and service providers and joint marketing in Rule 69O-128.014, F.A.C., do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes, or in connection with:

(a) Servicing or processing an insurance product or service that a consumer requests or authorizes;

(b) Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity;

(c) A proposed or actual securitization, secondary market sale (including sales of servicing rights) or similar transaction related to a transaction of the consumer; or

(d) Reinsurance or stop loss or excess loss insurance.

(2) "Necessary to effect, administer or enforce a transaction" means that the disclosure is:

(a) Required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or

(b) Required, or is a usual, appropriate or acceptable method:

1. To carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the consumer's account in the ordinary course of providing the insurance product or service;

2. To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;

3. To provide a confirmation, statement or other record of the transaction, or information on the status or value of the insurance product or service to the consumer or the consumer's agent or broker;

4. To accrue or recognize incentives or bonuses associated with the transaction that are provided by a licensee or any other party;

5. To underwrite insurance at the consumer's request or for any of the following purposes as they relate to a consumer's insurance: account administration, reporting, investigating or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects or as otherwise required or specifically permitted by federal or state law; or

6. In connection with:

a. The authorization, settlement, billing, processing, clearing, transferring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other payment card, check or account number, or by other payment means;

b. The transfer of receivables, accounts or interests therein; or

c. The audit of debit, credit or other payment information.

69O FAC 128.016 | Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

(1) Exceptions to opt out requirements. The requirements for initial notice to consumers in paragraph 69O-128.005(1)(b), F.A.C., the opt out in Rules 69O-128.008 and 69O-128.011, F.A.C., and service providers and joint marketing in Rule 69O-128.014, F.A.C., do not apply when a licensee discloses nonpublic personal financial information:

(a) With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;

(b)

1. To protect the confidentiality or security of a licensee's records pertaining to the consumer, service, product or transaction;

2. To protect against or prevent actual or potential fraud or unauthorized transactions;

3. For required institutional risk control or for resolving consumer disputes or inquiries;

4. To persons holding a legal or beneficial interest relating to the consumer; or

5. To persons acting in a fiduciary or representative capacity on behalf of the consumer;

(c) To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating a licensee, persons that are assessing the licensee's compliance with industry standards, and the licensee's attorneys, accountants and auditors;

(d) To the extent specifically permitted or required under other provisions of law and in accordance with the federal Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law enforcement agencies (including the Federal Reserve Board, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, Office of Thrift Supervision, National Credit Union Administration, the Securities and Exchange Commission, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Record keeping), a state insurance authority, and the Federal Trade Commission), self-regulatory organizations or for an investigation on a matter related to public safety;

(e)

1. To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or

2. From a consumer report reported by a consumer reporting agency;

(f) In connection with a proposed or actual sale, merger, transfer or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal financial information concerns solely consumers of the business or unit;

(g)

1. To comply with federal, state or local laws, rules and other applicable legal requirements;

2. To comply with a properly authorized civil, criminal or regulatory investigation, or subpoena or summons by federal, state or local authorities; or

3. To respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law;

(h) For purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan or a workers' compensation plan; or

(i) Pursuant to the provisions of Chapter 631, F.S., the Office is required to collect on reinsurance policies, pay claims, transfer policies to other insurers, and engage in similar activities with respect to insurers which are in receivership. In connection with the performance of its statutory obligations, the Office often must disclose insureds' non-public personal information to third parties. The disclosure of such information by the Office is considered to be required by law, and Office is therefore not subject to the requirements of this rule in connection with the disclosure of personal financial information incident to the performance of activities under Chapter 631, F.S.

(2) Example of revocation of consent. A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under subsection 69O-128.008(6), F.A.C.

69O FAC 128.017 | When Authorization Required for Disclosure of Nonpublic Personal Health Information

(1) Except as provided in subsections (2) and (3) of this rule, a licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed.

(2) Nothing in this rule shall prohibit, restrict, or require an authorization for the disclosure of nonpublic personal health information by a licensee for the performance of the following insurance functions by or on behalf of the licensee:

(a) Claims administration;

(b) Claims adjustment and management;

(c) Detection, investigation or reporting of actual or potential fraud, misrepresentation or criminal activity;

(d) Underwriting;

(e) Policy placement or issuance;

(f) Loss control;

(g) Ratemaking and guaranty fund functions;

(h) Reinsurance and excess loss insurance;

(i) Risk management;

(j) Case management;

(k) Disease management;

(l) Quality assurance;

(m) Quality improvement;

(n) Performance evaluation;

(o) Provider credentialing verification;

(p) Utilization review;

(q) Peer review activities;

(r) Actuarial, scientific, medical or public policy research;

(s) Grievance procedures;

(t) Internal administration of compliance, managerial, and information systems;

(u) Policyholder service functions;

(v) Auditing;

(w) Reporting;

(x) Database security;

(y) Administration of consumer disputes and inquiries;

(z) External accreditation standards;

(aa) The replacement of a group benefit plan or workers' compensation policy or program;

(bb) Activities in connection with a sale, merger, transfer or exchange of all or part of a business or operating unit;

(cc) Any activity that permits disclosure without authorization pursuant to the Federal Health Insurance Portability And Accountability Act privacy rules promulgated by the U.S. Department Of Health And Human Services;

(dd) Disclosure that is required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out a transaction or providing a product or service that a consumer requests or authorizes; and,

(ee) Any activity otherwise permitted by law, required pursuant to governmental reporting authority, or to comply with legal process.

(ff) Disclosure of information obtained by a licensee to a hospital, physician, or other medical care provider in connection with the provision of health care services to a customer of the licensee.

(gg) Additional insurance functions that the Office determines to be necessary for appropriate performance of insurance functions and that are fair and reasonable to the interest of consumers.

(3) Non-public health information may be disclosed for scientific, medical, or public policy research in accordance with federal law regardless of whether the research is conducted by or on behalf of the licensee.

69O FAC 128.018 | Authorizations

(1) A valid authorization to disclose nonpublic personal health information pursuant to this Part shall be in written or electronic form and shall contain all of the following:

(a) The identity of the consumer or customer who is the subject of the nonpublic personal health information;

(b) A general description of the types of nonpublic personal health information to be disclosed;

(c) General descriptions of the parties to whom the licensee discloses nonpublic personal health information, the purpose of the disclosure and how the information will be used;

(d) The signature of the consumer or customer who is the subject of the nonpublic personal health information or the individual who is legally empowered to grant authority and the date signed; and,

(e) Notice of the length of time for which the authorization is valid and that the consumer or customer may revoke the authorization at any time and the procedure for making a revocation.

(2) An authorization for the purposes of this Part shall specify a length of time for which the authorization shall remain valid, which in no event shall be for more than 24 months.

(3) A consumer or customer who is the subject of nonpublic personal health information may revoke an authorization provided pursuant to this Part at any time, subject to the rights of an individual who acted in reliance on the authorization prior to notice of the revocation.

(4) A licensee shall retain the authorization or a copy thereof in the record of the individual who is the subject of nonpublic personal health information.

69O FAC 128.019 | Authorization Request Delivery

A request for authorization and an authorization form may be delivered to a consumer or a customer as part of an opt-out notice pursuant to Rule 69O-128.010, F.A.C., provided that the request and the authorization form are clear and conspicuous. An authorization form is not required to be delivered to the consumer or customer or included in any other notices unless the licensee intends to disclose protected health information pursuant to subsection 69O-128.017(1), F.A.C.

69O FAC 128.020 | Relationship to Federal Rules

(1) If the Office determines that a health insurer or health maintenance organization licensed by the Office is in compliance with, or is actively undertaking compliance with, the consumer privacy protection rules adopted by the United States Department of Health and Human Services in conformance with the Health Insurance Portability and Affordability Act, (except for its effective date provision) the licensee shall be considered to be in compliance with this part.

(2) Effective April 14, 2003, with respect to health insurance coverage issued by a health insurer or contracts issued by a health maintenance organization, such licensees must be in actual compliance with the Health and Human Services rules in order to be considered in compliance with this Part. As of such date, any other licensee that would satisfy the requirements of the HHS rules if it were subject to such rules will be considered to be in compliance with this part.

69O FAC 128.021 | Relationship to State Laws

Nothing in this part shall preempt or supersede existing state law related to medical records, health or insurance information privacy.

69O FAC 128.022 | Protection of Fair Credit Reporting Act

Nothing in these rules shall be construed to modify, limit or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), and no inference shall be drawn on the basis of the provisions of these rules regarding whether information is transaction or experience information under Section 603 of that Act.

69O FAC 128.023 | Nondiscrimination

(1) A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of his or her nonpublic personal financial information pursuant to the provisions of these rules.

(2) A licensee shall not unfairly discriminate against a consumer or customer because that consumer or customer has not granted authorization for the disclosure of his or her nonpublic personal health information pursuant to the provisions of these rules.

69O FAC 128.024 | Effective Date

(1)

(a) Not later than 30 days following the effective date of Emergency Rules 4ER01-1 through 22, F.A.C., each licensee shall provide an initial notice, as required by Rule 69O-128.005, F.A.C., to consumers who are the licensee's customers on July 1, 2001.

(b) Example. A licensee provides an initial notice to consumers who are its customers on July 1, 2001, if, by July 31, 2001, the licensee has established a system for providing an initial notice to all new customers and has mailed the initial notice to all the licensee's existing customers.

(2) Until July 1, 2002, a contract that a licensee has entered into with a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf satisfies the provisions of subparagraph 69O-128.014(1)(a)2., F.A.C., of this rule, even if the contract does not include a requirement that the third party maintain the confidentiality of nonpublic personal information, as long as the licensee entered into the agreement on or before July 1, 2000.

69O FAC 128.025 | Confidentiality of Personal Financial and Health Information Pursuant to Section 627.3111, F.S. (Repealed)

69O FAC 128.030 | Preamble

(1) These rules establish standards for developing and implementing administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of customer information, pursuant to Sections 501, 505(b), and 507 of the Gramm-Leach-Bliley Act, codified at 15 U.S.C. 6801, 6805(b) and 6807.

(2)

(a) Section 501(a) provides that it is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers' nonpublic personal information.

(b) Section 501(b) requires the state insurance regulatory authorities to establish appropriate standards for the financial institutions under their jurisdiction relating to administrative, technical, and physical safeguards:

1. To ensure the security and confidentiality of customer records and information;

2. To protect against any anticipated threats or hazards to the security or integrity of such records; and,

3. To protect against unauthorized access to or use of records or information that could result in substantial harm or inconvenience to a customer.

(c) Section 505(b)(2) requires state insurance regulatory authorities to implement the standards prescribed under Section 501(b) by rule with respect to persons engaged in providing insurance.

(d) Section 507 provides, among other things, that a state regulation may afford persons greater privacy protections than those provided by subtitle A of Title V of the Gramm-Leach-Bliley Act.

(3) This Part requires that the safeguards established pursuant to this Part shall apply to nonpublic personal information, including nonpublic personal financial information and nonpublic personal health information.

69O FAC 128.031 | Definitions

For purposes of this part, the following definitions apply:

(1) "Customer" means a customer of the licensee as the term customer is defined in subsection 69O-128.002(8), F.A.C.

(2) "Customer information" means nonpublic personal information as defined in subsection 69O-128.002(18), F.A.C., about a customer, whether in paper, electronic, or other form, that is maintained by or on behalf of the licensee.

(3) "Customer information systems" means the electronic or physical methods used to access, collect, store, use, transmit, protect, or dispose of customer information.

(4) "Licensee" means a licensee as that term is defined in subsection 69O-128.002(16), F.A.C., except that "licensee" shall not include: a purchasing group, or an unauthorized insurer in regard to the surplus line business conducted pursuant to Section 626.938, F.S.

(5) "Service provider" means a person that maintains, processes, or otherwise is permitted access to customer information through its provision of services directly to the licensee.

69O FAC 128.032 | Information Security Program

(1) Each licensee shall implement a comprehensive written information security program that includes administrative, technical, and physical safeguards for the protection of customer information.

(2) The administrative, technical, and physical safeguards included in the information security program shall be appropriate to the size and complexity of the licensee and the nature and scope of its activities.

69O FAC 128.033 | Objectives of Information Security Program

A licensee's information security program shall be designed to:

(1) Ensure the security and confidentiality of customer information;

(2) Protect against any anticipated threats or hazards to the security or integrity of the information; and,

(3) Protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to any customer.

69O FAC 128.034 | Examples of Methods of Development and Implementation

The following actions and procedures are examples of methods of implementation of the requirements of Rules 69O-128.032 and 69O-128.033, F.A.C. These examples are non-exclusive illustrations of actions and procedures that licensees may follow to implement Rules 69O-128.032 and 69O-128.033, F.A.C.

(1) Assess Risk. The licensee:

(a) Identifies reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration, transmission, or destruction of customer information or customer information systems;

(b) Assesses the likelihood and potential damage of these threats, taking into consideration the sensitivity of customer information; and,

(c) Assesses the sufficiency of policies, procedures, customer information systems, and other safeguards in place to control risks.

(2) Manage and Control Risk. The licensee:

(a) Designs its information security program to control the identified risks, commensurate with the sensitivity of the information as well as the complexity and scope of the licensee's activities;

(b) Trains staff as appropriate to implement the licensee's information security program; and,

(c) Regularly tests or otherwise regularly monitors the key controls, systems, and procedures of the information security program. The frequency and nature of these tests or other monitoring practices are determined by the licensee's risk assessment.

(3) Oversee Service Provider Arrangements. The licensee:

(a) Exercises appropriate due diligence in selecting its service providers; and,

(b) Requires its service providers to implement appropriate measures designed to meet the objectives of this rule; and, where indicated by the licensee's risk assessment, takes appropriate steps to confirm that its service providers have satisfied these obligations.

(4) Adjust the Program. The licensee monitors, evaluates, and adjusts as appropriate the information security program in light of any relevant changes in:

(a) Technology;

(b) The sensitivity of its customer information;

(c) The volume of its customer information;

(d) Internal or external threats to information; and,

(e) The licensee's own changing business arrangements, such as:

1. Mergers and acquisitions;

2. Alliances and joint ventures;

3. Outsourcing arrangements; and,

4. Changes to customer information systems.

69O FAC 128.035 | Effective Date

Each licensee shall establish and implement an information security program, including appropriate policies and systems pursuant to this Part, by December 31, 2002.

69O FAC 136.002 | Foreign and Alien Insurers Filing for a Certificate of Authority

All foreign or alien entities seeking a certificate of authority shall comply with the requirements of sections 624.404, 624.413, and related Florida Statutes. Each applicant shall comply with the instructions contained in the Uniform Certificate of Authority Expansion Application and any other requirements listed or referenced in the Uniform Certificate of Authority Expansion Application package, Form OIR-C1-1413. Such filings shall not exempt a foreign or alien insurer from any requirements under Florida law.

(1) Applicants shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

(b) Form OIR-C1-1413, "Uniform Certificate of Authority Application (UCAA) Expansion Application," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) Form OIR-C1-1414, "Uniform Certificate of Authority Application (UCAA) Expansion Application Checklist For Expansion Application Only," incorporated by reference in Rule 69O-136.100, F.A.C.;

(d) Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

(e) Form OIR-C1-1422, "Uniform Certificate of Authority Application Questionnaire," incorporated by reference in Rule 69O-136.100, F.A.C.;

(f) Form OIR-C1-1424, "Uniform Certificate of Authority Application," incorporated by reference in Rule 69O-136.100, F.A.C.;

(g) Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," incorporated by reference in Rule 69O-136.100, F.A.C.;

(h) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

(i) Form OIR-D0-896, "UCAA Proforma Financial Statements, Property and Casualty Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

(j) Form OIR-D0-904, "UCAA Proforma Financial Statements, Life & Health Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

(k) Form OIR-D0-2119, "UCAA Proforma Financial Statements, Title Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(l) Form OIR-D0-2165, "UCAA Proforma Financial Statements, Health," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) Applicants must also submit:

(a) A certificate of compliance certified by the domiciliary regulator.

(b) A certificate of deposit certified by the domiciliary regulator.

(3) 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.

69O FAC 136.004 | Surplus Lines

Applications submitted as an insurer under Florida's Surplus Lines Law, pursuant to section 626.913, Florida Statutes, shall contain all of the following forms.

(1) Applicants shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-916, "Application for Eligibility as a Surplus Lines Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

(d) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and

(e) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(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.

69O FAC 136.006 | Domestic Insurers Filing for an Application for Permit and Subsequent Certificate of Authority

(1) All domestic insurers filing an Application for Permit, pursuant to Chapter 628, F.S., for the following: domestic property and casualty insurers, title insurers, life and health insurers, and domestic assessable mutual insurers, pursuant to section 628.051, F.S. except for domestic reciprocal insurers which are addressed in (2); domestic assessable mutual insurers, pursuant to section 628.051, F.S, and Domestic Captive Insurers, pursuant to Chapter 628, Part III, F.S.:

(a) Shall comply with the directions on, or otherwise submit, the following applicable forms:

1. Form OIR-C1-100, "Application For Permit Domestic Stock or Mutual Insurer", incorporated by reference in Rule 69O-136.100, F.A.C.

2. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

3. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

4. Form OIR-D0-896, "UCAA Proforma Financial Statements, Property and Casualty Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

5. Form OIR-D0-904, "UCAA Proforma Financial Statements, Life & Health Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

6. Form OIR-D0-2119, "UCAA Proforma Financial Statements, Title Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.; and

7. Form OIR-D0-2165, "UCAA Proforma Financial Statements, Health," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) Once applicant has received a permit from the Office pursuant to paragraph (1)(a) above, it shall submit Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," incorporated by reference in Rule 69O-136.100, F.A.C., as well as any other documents required in the permit. Once it has submitted all documents, satisfied the permit conditions, and is otherwise in compliance with Florida law, applicant will be granted a certificate of authority.

(2) All domestic reciprocal insurers filing an Application for Permit, pursuant to sections 628.051, F.S, and Chapters 624 and 629, F.S.,

(a) Shall follow the directions on, or otherwise submit, the following forms:

1. Form OIR-C1-908, "Application for Permit Domestic Reciprocal Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

3. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

4. Form OIR-D0-896, "UCAA Proforma Financial Statements, Property and Casualty Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

5. Form OIR-D0-2119, "UCAA Proforma Financial Statements, Title Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.; and

6. Form OIR-D0-2165, "UCAA Proforma Financial Statements, Health," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) Once applicant has received a permit from the Office pursuant to paragraph (2)(a) above, it shall follow the directions on, or otherwise submit, the following forms:

1. Form OIR-C1-151, "Application for Certificate of Authority Domestic Reciprocal Insurer," incorporated by reference in Rule 69O-136.100, F.A.C., and

2. Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," incorporated by reference in Rule 69O-136.100, F.A.C.

(c) Once applicant has submitted all documents, satisfied the permit and application requirements, and is otherwise in compliance with Florida law, applicant will be granted a certificate of authority.

(3) All the forms listed in subsection (1) and (2) above 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) and (2) are to be submitted only by companies issuing policies relating to the kind of insurance specified on the form.

69O FAC 136.007 | Redomestication Procedure

(1) Any insurer which is organized under the laws of any other state for the purpose of writing insurance may apply for a certificate of authority as a domestic insurer in this state and shall comply with all of the requirements relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in this state upon approval by the Office.

(2) 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.

(3) Any insurer seeking a certificate of authority as a domestic insurer in this state shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-101, "Application to Redomesticate a Stock or Mutual Insurer", incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

(c) Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

(d) Form OIR-C1-1422, "Uniform Certificate of Authority Application Questionnaire," incorporated by reference in Rule 69O-136.100, F.A.C.;

(e) Form OIR-C1-1522, "Primary Application Florida Specific Information," incorporated by reference in Rule 69O-136.100, F.A.C.;

(f) Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," incorporated by reference in Rule 69O-136.100, F.A.C.;

(g) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

(h) Form OIR-D0-896, "UCAA Proforma Financial Statements, Property and Casualty Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

(i) Form OIR-D0-904, "UCAA Proforma Financial Statements, Life & Health Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

(j) Form OIR-D0-2119, "UCAA Proforma Financial Statements, Title Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(k) Form OIR-D0-2165, "UCAA Proforma Financial Statements, Health," incorporated by reference in Rule 69O-136.100, F.A.C.

(4) All the forms listed in subsection (3) above 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 are to be submitted only by companies issuing policies relating to the kind of insurance specified.

69O FAC 136.011 | Commercial Self-Insurance Funds Filing for a Certificate of Authority

(1) Applicants for a certificate of authority as a commercial self-insurance fund pursuant to section 624.462, F.S., shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-845, "Application for Certificate of Authority Commercial Self-Insurance Fund," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

(d) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and

(e) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) All the forms listed in subsection (1) above 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 are to be submitted only by companies issuing policies relating to the kind of insurance specified.

69O FAC 136.012 | Forms Adopted (Repealed)

69O FAC 136.013 | Advisory Organizations

(1) Any advisory organization seeking to conduct operations in this state shall submit Form OIR-B1-PCR3, "Filing requirements Advisory Organization," effective 7/23, hereby incorporated by reference in Rule 69O-136.100, F.A.C.

(2) After receipt by the Office of Form OIR-B1-PCR3 and any accompanying documents, the Office shall review the material for compliance with the requirements of Section 627.301, F.S. On meeting the requirements, the Office shall notify the advisory organization by letter that it is in compliance with Section 627.301, F.S., and therefore may operate in this state.

(3) Any advisory organization seeking to notify the Office of any change in information as required by s. 627.301(2), F.S., shall submit Form OIR-B1-PCR3 electronically at https://www.FLOir.com/iPortal.

69O FAC 136.014 | Rating Organizations

(1) An application for a person applying for a license as a rating organization consists of the following:

(a) Form OIR-C1-PCR1, "Application for License Rating Organization," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

(d) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) A person applying for a license as a rating organization shall submit forms in subsection (1) as directed by the Office electronically at https://www.FLOir.com/iPortal.

(3) Annual License Renewal

(a)

1. All rating organization licenses shall expire on September 30.

2. Failure to submit the application for continuance by September 30 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a rating organization shall submit the following:

1. Form OIR-C1-PCR2, "License Renewal Rating Organization," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.; and

3. A fee of $25.00 filed annually in conjunction with the license renewal.

(c) Any licensee who fails to renew a rating organization license shall immediately cease and desist from engaging in the rating organization business in the state of Florida.

69O FAC 136.015 | Corporate Amendment Procedure to Amend an Existing Certificate of Authority

(1) This rule applies to all authorized insurers, as defined in section 624.09, F.S.

(2) Any insurer seeking to add or delete a line of insurance on an existing certificate of authority, file a name change, redomesticate (between foreign jurisdictions only), change its statutory home office address, merge two or more foreign insurers, file a change of control of a foreign insurer, amend its articles of incorporation, amend its bylaws, change its address or contact notification, or amend its Service of Process shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-0508, "Uniform Certificate of Authority Application (UCAA) Affidavit of Lost Certificate of Authority," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-0510, "Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Application to Amend Certificate of Authority," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) Form OIR-C1-0511, "Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Checklist for Corporate Amendments Application Only," incorporated by reference in Rule 69O-136.100, F.A.C.;

(d) Form OIR-C1-0512, "Uniform Certificate of Authority Application Questionnaire for Adding or Deleting Lines of Business to an Existing Certificate of Authority," incorporated by reference in Rule 69O-136.100, F.A.C.;

(e) Form OIR-C1-0522, "Uniform Certificate of Application (UCAA) Change of Mailing Address/Contact Notification Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

(f) Form OIR-B2-1093, "Small Employer Carrier's Application to Become a Risk Assuming Carrier or a Reinsuring Carrier, as Required by Section 627.6699(9), Florida Statutes," incorporated by reference in Rule 69O-136.100, F.A.C.;

(g) Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(h) Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," incorporated by reference in Rule 69O-136.100, F.A.C.

(3) Since the addition of any new line of business to a company's certificate of authority may impact the company's surplus and/or writing ratios, any such request to amend an existing certificate will be carefully evaluated by applying current standards required of an insurer seeking a certificate of authority from this state. The Office shall not authorize the addition of any lines of insurance to an insurer's existing certificate of authority unless evidence is presented satisfactory to the Office that authorization of the additional lines of insurance would be in the best interests of the financial solvency of the insurer and in the best interests of the policyholders.

(4) All the forms listed in subsection (2) 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.

69O FAC 136.017 | Authorization to Transact Insurance; When Required

(1) No insurer shall issue insurance policies or otherwise transact insurance, as that term is defined in Section 624.10, F.S., involving risks resident or located in this state unless the insurer has a current certificate of authority issued by the Office.

(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a current certificate of authority issued by the Office authorizing it to transact the same kind or kinds of insurance in this state.

(3) A current certificate of authority issued by the Office is not required under certain specific circumstances. These circumstances are as follows:

(a) A current Florida certificate of authority is not required if the activities of the unauthorized insurer involve only the investigation, settlement, or litigation of claims under policies previously lawfully written in this state, or only the liquidation of the assets and liabilities of the insurer which are the result of previously authorized operations in this state. This exception to the requirement shall not be construed to include the collection of premiums or the renewal of policies.

(b) A current Florida certificate of authority is not required to service a policy within the state, subsequent to the lawful issuance of the policy, so long as the subject of the policy of insurance was not resident, located, or expressly to be performed in this state at the time of issuance, and so long as the policy of insurance was lawfully solicited, written, or delivered outside of this state. The Office interprets Section 624.402(2), F.S., to mean that an unauthorized insurer may utilize personnel or facilities located in this state to transact insurance in other states or in foreign countries, provided that all such activities occur subsequent to and do not pertain to the issuance or effectuation of the insurance coverage.

(c) A current Florida certificate of authority is not required to engage in transactions pursuant to surplus lines coverage lawfully written under Part VIII of Chapter 626, F.S., so long as the insurer is an eligible surplus lines insurer under Sections 626.917 or 626.918, F.S. The Office interprets Section 626.918(2)(b), F.S., to mean that an unauthorized insurer cannot meet the requirements to be an eligible surplus lines insurer unless the unauthorized insurer has offices in and transacts insurance in its state or country of domicile. A surplus lines insurer eligible pursuant to Section 626.918, F.S., is not prohibited by this rule from utilizing offices or personnel in this state to transact insurance in another jurisdiction, provided it is licensed as a surplus lines or authorized insurer in that jurisdiction.

(d) A current Florida certificate of authority is not required to transact the business of reinsurance, so long as such reinsurance is transacted as authorized under Section 624.610, F.S.

(e) A current Florida certificate of authority is not required when an insurer has withdrawn from and is not transacting any new insurance in this state, but is solely continuing in force and continuing to service life insurance or health insurance policies or annuity contracts which remain in force and which insure residents of this state.

(f) A current Florida certificate of authority is not required when an unauthorized foreign insurer invests its funds in real estate in this state or in securities secured thereby, if the foreign insurer complies with the laws of this state relating generally to foreign business corporations.

(4) For purposes of this rule and Section 624.402(2), F.S., the issuance of an insurance policy includes any of the following acts:

(a) Solicitation of prospective insureds. For purposes of this rule, solicitation means face-to-face communications, or intra- or inter-state transmission of written, electronic, or telephonic communications from an unauthorized insurer or its agent to a prospective insured, for the purpose of generating a response or inquiry or which incidentally includes mention of matters of insurance.

(b) Transmitting applications to prospective insureds. For purposes of this rule, transmitting applications means face-to-face communications, or intra- or inter-state transmission of written, electronic, or telephonic communications from an unauthorized insurer or its agent to prospective insureds, for the purpose of consummating a contract of insurance or a relationship which may lead to a contract of insurance.

(c) Receiving applications from or on behalf of prospective insureds. For purposes of this rule, receiving applications means face-to-face communications, or intra- or inter-state transmission of written, electronic, or telephonic communications to an unauthorized insurer or its agent for use by the unauthorized insurer as a basis to determine the eligibility or insurability of prospective insureds or risks.

(d) Underwriting to determine insurability of a risk. For purposes of this rule, underwriting means face-to-face communications, or intra- or inter-state transmission of written, electronic, or telephonic communications from prospective insureds or risks for use by the unauthorized insurer as a basis to determine the eligibility or insurability of prospective insureds or risks.

(e) Analysis of insurance applications, questionnaires, or materials prepared by or concerning prospective insureds or risks to determine the eligibility, insurability, or underwriting in any fashion of prospective insureds or risks.

(f) Receiving initial premium payments from or on behalf of insureds.

(g) Mailing or otherwise transmitting a policy or any other evidence of coverage, as described in subsection (5), below, to an insured, to a policyholder, or to any other person.

(5) For purposes of this rule and Section 624.402(2), F.S., the effectuation of an insurance policy means the issuance of an oral or written agreement called an insurance contract, an insurance policy, a certificate of insurance, an insurance binder or cover note, a summary plan description or trust document; or any letter or other communication confirming insurance coverage; or an insurance identification card or other proof of insurance intended to demonstrate insurance coverage to a third party; or any similar document, by whatever name called, which evidences or is intended to evidence insurance coverage. For purposes of this rule, the issuance of any of the documents described in the preceding sentence constitutes the effectuation of insurance when such issuance occurs after face-to-face communications, or intra- or inter-state transmission of written, oral, electronic or telephonic communications from an unauthorized insurer or its agent consummating an insurance contract. Effectuation of an insurance contract is also evidenced by the receipt by an unauthorized insurer or its agent of any monies intended by the prospective insured or third party to serve as premium payment or consideration for an insurance contract.

(6) Any person conducting insurance-related activities in this state, whether or not required to be licensed under the provisions of this rule chapter, shall be subject to the provisions of the Unfair Insurance Trade Practices Act (Part IX of Chapter 626, F.S.), regardless of the situs or residence of the risk insured.

69O FAC 136.018 | Determination of Eligibility to Operate as an Alien Insurer in Florida Pursuant to Sections 624.402(8) or 624.402(9), F.S.

(1) The below are to be used in determination of eligibility to operate as an Alien Insurer pursuant to section 624.402(8) F.S. Applicants shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-2176, incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-1416, incorporated by reference in Rule 69O-136.100, F.A.C.; and

(c) Form OIR-C1-2221, incorporated by reference in Rule 69O-136.100, F.A.C.

(2) The below are to be used in determination of eligibility to operate as an Alien Insurer pursuant to section 624.402(9), F.S. Applicants shall comply with the directions on, or otherwise submit, Form OIR-C1-1654, incorporated by reference in Rule 69O-136.100, F.A.C.

(3) The forms listed in subsections (1) and (2) 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.

69O FAC 136.031 | Registration as a Purchasing Group

(1) All entities seeking registration as a purchasing group shall comply with the requirements of section 627.948, F.S., and shall (1) All entities seeking registration as a purchasing group shall comply with the requirements of section 627.948, F.S., and shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-515, "Application for Registration as a Risk Purchasing Group," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(b) Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) All domestic entities, as well as any foreign entities whose officers or directors collect premiums, shall comply with the directions on, or otherwise submit, the following applicable forms:

(a) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and

(b) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(3) In addition to the information required on the forms in subsection (1) & (2) above, the entity shall:

(a) Identify all other states in which the group is currently registered;

(b) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; and,

(c) Provide such other information as is necessary for the Office to determine whether the persons through whom insurance will be offered meet the standard set forth in section 626.611(14), F.S.

(4) During the pendency of the application, if any of the information submitted in response to the requirements of this rule changes, the entity shall notify the Office of the change within ten days of the change.

(5) All the forms listed in subsection (1) & (2) 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.

69O FAC 136.032 | Registration as a Risk Retention Group

(1) All foreign entities seeking licensure as a risk retention group shall comply with the requirements of section 627.944, F.S., as applicable, and shall comply with the directions on, or otherwise submit, Form OIR-C1-513, incorporated by reference in Rule 69O-136.100, F.A.C.

(2) The form 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) Applicants shall also submit:

(a) A copy of each examination of the risk retention group as certified by the innsurance commissioner or public official conducting the exam;

(b) A copy of any audit performed with respect to the risk retention group; and

(c) A certificate of compliance or licensing letter from the state of domicile dated within the last year.

(4) Applicants should not conduct business in this state until notified by the Office that the registation is complete.

(5) All domestic applicants applying pursuant to section 627.943, F.S, shall comply with the directions in Rule 69O-136.006(1) & (3) for domestic insurers.

69O FAC 136.033 | Restrictions on Insurance Purchased by Purchasing Groups

(1) A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of such group which have a risk resident or located in this state that such risk is not protected by an insurance insolvency guaranty fund in this state, and that such risk retention group or such insurer may not be subject to all insurance laws and rules of this state.

(2) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.

69O FAC 136.034 | Uniform Certificate of Authority Expansion Application (Repealed)

69O FAC 136.040 | Health Maintenance Organizations

(1) An application for a person applying for a certificate of authority as a health maintenance organization consists of the following:

(a) Form OIR-C1-942, "Application for Certificate of Authority Health Maintenance Organization," incorporated by reference in Rule 69O-136.100, F.A.C;

(b) Form OIR-B2-1093, "Small Employer Carrier's Application to Become a Risk Assuming Carrier or a Reinsuring Carrier, as Required by Section 627.6699(9), Florida Statutes," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

(d) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(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.

69O FAC 136.041 | Multiple-Employer Welfare Arrangements

(1) An application for a person applying for a certificate of authority as a multiple-employer welfare arrangement consists of the following:

(a) Form OIR-C1-983, incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

(c) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) A person applying for a certificate of authority as a multiple-employer welfare arrangement shall submit forms in subsection (1) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

69O FAC 136.042 | Continuing Care Contracts

(1) Application for Certificate of Authority.

(a) An application for a person applying for a certificate of authority for a continuing care provider consists of the following:

1. Form OIR-C1-473, incorporated by reference in Rule 69O-136.100, F.A.C.

2. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

4. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) A person applying for a certificate of authority as a continuing care provider shall submit forms in paragraph (1)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

(2) Application for Provisional Certificate of Authority.

(a) An application for a person applying for a provisional certificate of authority for a continuing care provider consists of the following if applicable:

1. Form OIR-C1-471, ncorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100;

3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

4. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100.

(b) A person applying for a provisional certificate of authority as a continuing care provider shall submit forms in paragraph (2)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

(3) Consolidated Application for Provisional Certificate of Authority and Certificate of Authority.

(a) A consolidated application for a provisional certificate of authority and certificate of authority for a continuing care provider consists of the following if applicable:

1. Form OIR-C1-2220, "Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100;

3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

4. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100.

(b) A person filing a consolidated application for provisional certificate of authority and certificate of authority for a continuing care provider shall submit forms in paragraph (3)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

(4) Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider.

(a) An application for the simultaneous acquisition of a continuing care facility and issuance of a certificate of authority consists of the following if applicable:

1. Form OIR-C1-2219, "Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

4. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(b) A person applying for simultaneous acquisition of a continuing care facility and issuance of a certificate of authority shall submit forms in paragraph (4)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal.

(c) Disclaimer of Control

1. A person may attempt to rebut a presumption of control pursuant to Section 651.0245, F.S., by electronically filing at https://www.FLOir.com/iPortal one of the following forms, which may be obtained from https://www.FLOir.com/iPortal, with the Office:

a. Form OIR-C1-1467, "Disclaimer of Control - Individual," incorporated by reference in Rule 69O-136.100, F.A.C.;

b. Form OIR-C1-1468, "Disclaimer of Control - Entity," incorporated by reference in Rule 69O-136.100, F.A.C.;

c. Form OIR-C1-2211, "Disclaimer of Control - Investment Companies," incorporated by reference in Rule 69O-136.100, F.A.C.

2. A person may attempt to rebut a presumption of control pursuant to section 651.0245, 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 at https://www.FLOir.com/iPortal.

3. Pursuant to Section 651.0245(6), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to subparagraphs (4)(c)1. and (4)(c)2.

(5) Application for Expansion.

(a) An application for a person applying for expansion of a certificated continuing care facility consists of the following:

1. Form OIR-C1-2218, "Application for Expansion of a Certificated Continuing Care Facility," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. The biographical information package defined in subsection 69O-136.100(3), F.A.C.; and,

3. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) A person applying for expansion of a certificated continuing care facility shall submit forms in paragraph (5)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

(6) Manager or Management Company.

(a) To comply with the filing requirements of Section 651.043(2), F.S., for each new management company or manager not employed by a management company within 10 business days of a change in management, the provider shall submit the following:

1. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

2. A copy of the written management contract, if applicable.

(b) The documents in paragraph (6)(a) shall be submitted to the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://FLOir.com/iPortal.

69O FAC 136.043 | Prepaid Health Clinic

(1) An application for a person applying for a certificate of authority as a prepaid health clinic consists of the following:

(a) Form OIR-C1-483, "Application for Certificate of Authority Prepaid Health Clinic," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

(c) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) A person applying for a certificate of authority as a prepaid health clinic shall submit forms in subsection (1) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

69O FAC 136.044 | Insurance Administrators

(1) A person applying for a Certificate of Authority to operate as an insurance administrator, including an applicant seeking to register as a pharmacy benefit manager, shall submit the following:

(a) Form OIR-C1-1075, "Application for Certificate of Authority of an Insurance Administrator," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

(c) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) A person applying for a certificate of authority as an insurance administrator, including an applicant seeking to register as a pharmacy benefit manager, shall submit forms listed in subsection (1) as directed by the Office electronically at https://www.FLOir.com/iPortal.

69O FAC 136.045 | Donor Annuity Organizations

(1) Any person engaging in the business of issuing donor annuity agreements must submit Form OIR-C1-1208, "Notification to the Office of Insurance Regulation as a Qualifying Issuer of Donor Annuity Agreements Pursuant to section 627.481, F.S.," incorporated by reference in Rule 69O-136.100, F.A.C., to the Office electronically at https://www.FLOir.com/iPortal on the date on which the person enters into the first of these annuity agreements. The form may be obtained from https://www.FLOir.com/iPortal.

(2) Any person subject to section 627.481, F.S., that fails to submit the required notification form is subject to penalty as provided in section 626.9521, F.S.

69O FAC 136.046 | Prepaid Limited Health Service Organizations

(1) A person applying for a certificate of authority as a prepaid limited service organization shall submit the following if applicable:

(a) Form OIR-C1-1119, "Application for Certificate of Authority Prepaid Limited Health Service Organization," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(b) The biographical information package defined in subsection 69O-136.100(3), F.A.C.

(2) A person shall submit the forms listed in subsection (1) electronically via the Office's iApply system at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

69O FAC 136.047 | Discount Plan Organizations

(1) A person applying for a certificate of authority as a discount plan organization shall submit the following if applicable:

(a) Form OIR-C1-1606, "Application for License Discount Plan Organization (DPO)," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

(d) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) A person shall submit the forms listed in subsection (1) electronically via the Office's iApply system at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

69O FAC 136.050 | Premium Finance Companies

(1) Application for License as a Premium Finance Company.

(a) A person applying for a license as a premium finance company shall submit the following if applicable:

1. Form OIR-C1-958, "Application for License Premium Finance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-A3-453, "Premium Finance Company Surety Bond," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. Form OIR-C1-454, "Personal Financial Statement," incorporated by reference in Rule 69O-136.100, F.A.C.;

4. Form OIR-C1-957, "Instructions for Statutory Compliance of Forms: Premium Finance Companies," incorporated by reference in Rule 69O-136.100, F.A.C.;

5. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

6. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(b) The applicant shall submit the forms listed in paragraph (1)(a) electronically at https://www.FLOir.com/iPortal.

(2) Annual License Renewal

(a)

1. All premium finance company licenses shall expire on October 1.

2. Failure to submit the application for renewal before October 1 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a premium finance company shall submit Form OIR-A3-1563, "Application for Renewal of License Premium Finance Company," incorporated by reference in Rule 69O-136.100, F.A.C filed electronically at https://www.FLOir.com/iPortal.

69O FAC 136.051 | Service Warranty Associations

(1) Application for License as a Service Warranty Association

(a) An application for a person applying for a license as a service warranty association consists of the following if applicable:

1. Form OIR-C1-997, "Application for License Service Warranty Association," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-A3-455, "Home or Service Warranty Association Surety Bond," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

4. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

5. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) A person applying for a license as a service warranty association shall submit forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal.

(2) License Continuance for Service Warranty Association

(a)

1. A service warranty association's license shall continue in force as long as the licensee is in compliance with the provisions of Chapter 634, Part III, F.S.

2. Failure to submit the application for continuance by March 1 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a service warranty association shall submit the following:

1. Form OIR-A3-110, "License Continuance Form Service Warranty Association," incorporated by reference in Rule 69O-136.100, F.A.C., filed electronically at https://www.FLOir.com/iPortal; and

2. A fee of $200.00 filed annually in conjunction with the March 1 filing of the annual statement.

(c) Any licensee who fails to renew a service warranty association license shall immediately cease and desist from engaging in the service warranty business in the state of Florida. The service warranty association shall honor those service warranty contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

(3) Application for License as a Service Warranty Association Manufacturer or Affiliate.

(a) An application for a person applying for a license as a service warranty association manufacturer or affiliate consists of the following:

1. Form OIR-C1-989, "Application for License Service Warranty Association Manufacturer or Affiliate," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.; and

3. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) A person applying for a license as a service warranty association shall submit forms listed in paragraph (3)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal.

(4) License Continuance for Service Warranty Association Manufacturer or Affiliate

(a)

1. A service warranty association manufacturer or affiliate's license shall continue in force as long as licensee is in compliance with the provisions of Chapter 634, part III, F.S.

2. Failure to submit the application for continuance by March 1 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a service warranty association manufacturer or affiliate shall submit the following:

1. Form OIR-A3-955, "License Continuance Form Service Warranty Association Manufacturer or Affiliate," incorporated by reference in Rule 69O-136.100, F.A.C., filed electronically at https://www.FLOir.com/iPortal; and

2. A fee of $500.00 filed annually in conjunction with the March 1 filing of the annual statement.

(c) Any licensee who fails to renew a service warranty association license shall immediately cease and desist from engaging in the service warranty business in the state of Florida. The service warranty association shall honor those service warranty contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

69O FAC 136.052 | Home Warranty Associations

(1) Application for License as a Home Warranty Association.

(a) An application for a person applying for a license as a home warranty association consists of the following if applicable:

1. Form OIR-C1-490, "Application for License Home Warranty Association," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-A3-455, "Home or Service Warranty Association Surety Bond," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

4. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

5. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(b) A person applying for a license as a home warranty association shall submit the forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal.

(2) Annual License Renewal.

(a)

1. All home warranty association licenses shall expire on June 1.

2. Failure to submit the application for continuance by June 1 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a home warranty association shall submit the following:

1. Form OIR-A3-1073, "Application for Renewal of License Home Warranty Association," incorporated by reference in Rule 69O-136.100, F.A.C., filed electronically at https://www.FLOir.com/iPortal, and

2. A fee of $200.00 filed annually in conjunction with the June 1 filing of the Annual Statement.

(c) Any licensee who fails to renew a home warranty association license shall immediately cease and desist from engaging in the home warranty business in the state of Florida. The home warranty association shall honor those home warranty contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

69O FAC 136.053 | Motor Vehicle Service Agreement Companies

(1) Application for License as a Motor Vehicle Service Agreement Company.

(a) An application for a license as a motor vehicle service agreement company consists of the following if applicable:

1. Form OIR-C1-994, "Application for License Motor Vehicle Service Agreement Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

4. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) A person applying for a license as a motor vehicle service agreement company shall submit the forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal. The forms may be obtained from https://www.FLOir.com/iPortal.

(2) License Continuance for Motor Vehicle Service Agreement Company.

(a)

1. All motor vehicle service agreement company licenses shall continue in force as long as licensee is entitled thereto under Chapter 634, part I, F.S.

2. Failure to submit the application for continuance by March 1 shall result in expiration of the license and will require the filing of a new application for licensure.

(b) A licensee seeking to continue operating as a motor vehicle service agreement company shall submit Form OIR-A3-467 LR, "Application for License Continuance Motor Vehicle Service Agreement Company," incorporated by reference in Rule 69O-136.100, F.A.C., filed electronically at https://www.FLOir.com/iPortal. The form may be obtained from https://www.FLOir.com/iPortal.

69O FAC 136.054 | Legal Expense Insurance Corporations

(1) Application for Certificate of Authority as a Legal Expense Insurance Corporation.

(a) An application for a person applying for a certificate of authority as a legal expense insurance corporation consists of the following if applicable:

1. Form OIR-C1-480, "Application for Certificate of Authority Legal Expense Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-A3-478, "Legal Expense Insurance Corporation Surety Bond," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. 3. Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

4. The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

5. Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) A person applying for a certificate of authority as a legal expense insurance corporation shall submit forms listed in paragraph (1)(a) as directed by the Office electronically at https://www.FLOir.com/iPortal.

(2) Annual Renewal

(a)

1. A legal expense insurance corporation's certificate of authority shall continue in force as long as the legal expense insurance corporation is in compliance with the provisions of Chapter 642, F.S.

2. Failure to submit the application for continuance by June 1 shall result in expiration of the certificate of authority and will require the filing of a new application for licensure.

(b) The qualified certificate of authority holder seeking to continue operating as a legal expense insurance corporation shall submit Form OIR-A3-1077, "Application for License Continuance Legal Expense Insurance," incorporated by reference in Rule 69O-136.100, F.A.C., at https://www.FLOir.com/iPortal; and

(c) The legal expense insurance corporation shall honor those contracts in force until the date of expiration or the date of cancellation and a refund is made to the consumer.

69O FAC 136.070 | Merger or Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insure

(1) Any person acquiring the attorney-in-fact of a domestic reciprocal insurer pursuant to section 629.225, F.S., shall comply with the instructions contained on Form OIR-C1-150, "Application for the Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer," incorporated by reference in Rule 69O-136.100, F.A.C., and shall also comply with directions on, or otherwise submit, the following applicable forms:

(a) Form OIR-C1-144, "Service of Process Consent & Agreement," incorporated by reference in Rule 69O-136.100, F.A.C.;

(b) Form OIR-C1-152, "Letter of Notification Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.; and,

(d) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.

(e) 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 629.225(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 629.225, 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) 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.

(4) Disclaimer of Control

(a) A person may attempt to rebut a presumption of control pursuant to section 629.225(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, "Disclaimer of Control - Individual," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-1468, "Disclaimer of Control - Entity," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. Form OIR-C1-2211, "Disclaimer of Control - Investment Companies," 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 629.225(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 629.225(11), F.S., the Office is authorized to disallow a disclaimer of control filed pursuant to paragraphs (a) and (b).

69O FAC 136.075 | Merger or Conversion of a Reciprocal Insurer

(1) A reciprocal insurer may merge with another reciprocal insurer or be converted to a stock or mutual insurer, by filing Form OIR-C1-153, "Application for Merger or Conversion Reciprocal Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.

(2) 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.

69O FAC 136.080 | Mergers and Acquisition of Controlling Stock of a Florida Domestic Insurer

(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-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," incorporated by reference in Rule 69O-136.100, F.A.C.;

(c) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

(d) Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," incorporated by reference in Rule 69O-136.100, F.A.C., if required as per the instructions in Form OIR-C1-918;

(e) Form OIR-C1-2069, "Letter of Notification," incorporated by reference in Rule 69O-136.100, F.A.C.;

(f) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.;

(g) Form OIR-D0-896, "UCAA Proforma Financial Statements, Property and Casualty Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

(h) Form OIR-D0-904, "UCAA Proforma Financial Statements, Life & Health Insurer," incorporated by reference in Rule 69O-136.100, F.A.C.;

(i) Form OIR-D0-2119, "UCAA Proforma Financial Statements, Title Insurance Company," incorporated by reference in Rule 69O-136.100, F.A.C.;

(j) Form OIR-D0-2165, "UCAA Proforma Financial Statements, Health," incorporated by reference in Rule 69O-136.100, F.A.C.; and

(k) 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).

69O FAC 136.090 | Merger, Consolidation, or Acquisition of Controlling Stock, Ownership Interests, Assets, or Control of a Specialty Insurer

(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, "Service of Process Consent & Agreement," 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) The biographical information package as defined in subsection 69O-136.100(3), F.A.C.;

(d) Form OIR-C1-2069, "Letter of Notification," incorporated by reference in Rule 69O-136.100, F.A.C.;

(e) Form OIR-C1-2221, "Management Information Form," incorporated by reference in Rule 69O-136.100, F.A.C.; and,

(f) 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, "Disclaimer of Control - Individual," incorporated by reference in Rule 69O-136.100, F.A.C.;

2. Form OIR-C1-1468, "Disclaimer of Control - Entity," incorporated by reference in Rule 69O-136.100, F.A.C.;

3. Form OIR-C1-2211, "Disclaimer of Control - Investment Companies," 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).

69O FAC 136.100 | Forms Incorporated by Reference

(1) The forms incorporated in this rule are available and may be printed from the Office of Insurance Regulation's website: https://www.FLOir.com/iPortal, and are hereby incorporated by reference.

(2)

(a) Forms OIR-A3

1. Form OIR-A3-110, "License Continuance Form Service Warranty Association," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17411;

2. Form OIR-A3-453, "Premium Finance Company Surety Bond," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17413;

3. Form OIR-A3-455, "Home or Service Warranty Association Surety Bond," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17414;

4. Form OIR-A3-467 LR, "Application for License Continuance Motor Vehicle Service Agreement Company," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17415;

5. Form OIR-A3-478, "Legal Expense Insurance Corporation Surety Bond," effective 01/25, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17416;

6. Form OIR-A3-955, "License Continuance Form Service Warranty Association Manufacturer or Affiliate," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17417;

7. Form OIR-A3-1073, "Application for Renewal of License Home Warranty Association," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17418;

8. Form OIR-A3-1077, "Application for License Continuance Legal Expense Insurance," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17419; and

9. Form OIR-A3-1563, "Application for Renewal of License Premium Finance Company," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17420.

(b) Form OIR-B1-PCR3, "Filing requirements Advisory Organization," effective 7/23, hereby incorporated by reference and available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16192, electronically at https://www.FLOir.com/iPortal.

(c) Form OIR-B2-1093, "Small Employer Carrier's Application to Become a Risk Assuming Carrier or a Reinsuring Carrier, as Required by section 627.6699(9), Florida Statutes," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16193.

(d) Forms OIR-C1

1. Form OIR-C1-0508, "Uniform Certificate of Authority Application (UCAA) Affidavit of Lost Certificate of Authority," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16202;

2. Form OIR-C1-0510, "Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Application to Amend Certificate of Authority," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16206;

3. Form OIR-C1-0511, "Uniform Certificate of Authority Application (UCAA) Corporate Amendments Application Checklist for Corporate Amendments Application Only," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16208;

4. Form OIR-C1-0512, "Uniform Certificate of Authority Application Questionnaire for Adding or Deleting Lines of Business to an Existing Certificate of Authority," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16210;

5. Form OIR-C1-0522, "Uniform Certificate of Application (UCAA) Change of Mailing Address/Contact Notification Form," effective 7/23, http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16214;

6. Form OIR-C1-100, "Application for Permit Domestic Stock or Mutual Insurer", effective 1/25, available at https://FLRules.org/Gateway/Reference.asp?No=Ref-17909.

7. Form OIR-C1-101, "Application to Redomesticate a Stock or Mutual Insurer", effective 1/25, available at https://FLRules.org/Gateway/Reference.asp?No=Ref-17910.

8. Form OIR-C1-144, "Service of Process Consent & Agreement," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17423;

9. Form OIR-C1-150, "Application for Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer," effective 01/25, https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17424;

10. Form OIR-C1-151, "Application for Certificate of Authority Domestic Reciprocal Insurer," effective 01/25, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17425;

11. Form OIR-C1-152, "Letter of Notification Acquisition of the Attorney-in-Fact of a Domestic Reciprocal Insurer," effective 01/25, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17426;

12. Form OIR-C1-153, "Application for Merger or Conversion Reciprocal Insurer," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17427;

13. Form OIR-C1-448, "Application for Acquisition of Controlling Stock, Ownership Interest, Assets, or Control of a Florida Specialty Insurer; Merger or Consolidation," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17428;

14. Form OIR-C1-454, "Personal Financial Statement," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17430;

15. Form OIR-C1-471, "Application for Provisional Certificate of Authority for a Continuing Care Provider," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17431;

16. Form OIR-C1-473, "Application for Certificate of Authority for a Continuing Care Provider," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17432;

17. Form OIR-C1-480, "Application for Certificate of Authority Legal Expense Insurance," effective 01/25, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17433;

18. Form OIR-C1-483, "Application for Certificate of Authority Prepaid Health Clinic," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17434;

19. Form OIR-C1-490, "Application for License Home Warranty Association," effective 01/25, hereby incorporated by reference and available at https://FLRules.org/Gateway/Reference.asp?No=Ref-17911;

20. Form OIR-C1-513, "Application for Registration as a Risk Retention Group," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17437;

21. Form OIR-C1-515, "Application for Registration as a Risk Purchasing Group," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17912;

22. Form OIR-C1-845, "Application for Certificate of Authority Commercial Self-Insurance Fund," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17913;

23. Form OIR-C1-908, "Application for Permit Domestic Reciprocal Insurer," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17914;

24. Form OIR-C1-916, "Application for Eligibility as a Surplus Lines Insurer," effective 7/23, available at www. http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16229;

25. Form OIR-C1-918, "Application for Acquisition of Controlling Stock of a Florida Domestic Insurer," effective 01/25, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17442;

26. Form OIR-C1-942, "Application for Certificate of Authority Health Maintenance Organization," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17443;

27. Form OIR-C1-957, "Instructions for Statutory Compliance of Forms: Premium Finance Companies," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17915;

28. Form OIR-C1-958, "Application for License Premium Finance Company," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17445;

29. Form OIR-C1-983, "Application for Certificate of Authority Multiple Employer Welfare Arrangement," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17446;

30. Form OIR-C1-989, "Application for License Service Warranty Association Manufacturer or Affiliate," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17447;

31. Form OIR-C1-994, "Application for License Motor Vehicle Service Agreement Company," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17448;

32. Form OIR-C1-997, "Application for License Service Warranty Association," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17449;

33. Form OIR-C1-1075, "Application for Certificate of Authority of an Insurance Administrator," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17450;

34. Form OIR-C1-1119, "Application for Certificate of Authority Prepaid Limited Health Service Organization," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17451;

35. Form OIR-C1-1208, "Notification to the Office of Insurance Regulation as a Qualifying Issuer of Donor Annuity Agreements Pursuant to section 627.481, F.S.," effective 01/25, is hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17452.

36. Form OIR-C1-1413, "Uniform Certificate of Authority Application (UCAA) Expansion Application," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16230;

37. Form OIR-C1-1414, "Uniform Certificate of Authority Application (UCAA) Expansion Application Checklist For Expansion Application Only," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16231;

38. Form OIR-C1-1416, "Uniform Certificate of Authority Application (UCAA) Lines of Insurance," effective 07/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16232;

39. Form OIR-C1-1422, "Uniform Certificate of Authority Application Questionnaire," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16233;

40. Form OIR-C1-1424, "Uniform Certificate of Authority Application," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16234;

41. Form OIR-C1-1467, "Disclaimer of Control - Individual," effective 7/21, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-14442

42. Form OIR-C1-1468, "Disclaimer of Control - Entity," effective 7/21, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14443;

43. Form OIR-C1-1522, "Primary Application Florida Specific Information," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16235;

44. Form OIR-C1-1524, "Uniform Certificate of Authority Application (UCAA) Uniform Consent to Service of Process," effective 12/19, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14444;

45. Form OIR-C1-1606, "Application for License Discount Plan Organization (DPO)," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17453;

46. Form OIR-C1-1654, "Determination of Eligibility to Operate as an Alien Insurer in Florida Pursuant to Section 624.402(9), Florida Statutes," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16236;

47. Form OIR-C1-2069, "Letter of Notification," effective 01/25, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17454;

48. Form OIR-C1-2176, "Letter of Notification/Registration to Operate as a Non-US Based (Alien) Insurer (also referred to as "Offshore Insurer") in Florida Pursuant to Section 624.402(8), Florida Statutes," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16238;

49. Form OIR-C1-2211, "Disclaimer of Control - Investment Companies," effective 7/21, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14445;

50. Form OIR-C1-2218, "Application for Expansion of a Certificated Continuing Care Facility," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17455;

51. Form OIR-C1-2219, "Application for the Simultaneous Acquisition of a Continuing Care Facility and Issuance of a Certificate of Authority to a Provider," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17916;

52. Form OIR-C1-2220, "Consolidated Application for Provisional Certificate of Authority and Certificate of Authority for a Continuing Care Provider," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17457;

53. Form OIR-C1-2221, "Management Information Form," effective 01/25, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17917;

54. Form OIR-C1-PCR1, "Application for License Rating Organization," effective 7/23, hereby incorporated by reference and available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16239; and

55. Form OIR-C1-PCR2, "License Renewal Rating Organization," effective 01/25, hereby incorporated by reference and available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-17459, filed electronically at https://www.FLOir.com/iPortal.

(e) Forms OIR-D0

1. Form OIR-D0-896, "UCAA Proforma Financial Statements, Property and Casualty Insurance Company," effective 1/19, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14448;

2. Form OIR-D0-904, "UCAA Proforma Financial Statements, Life & Health Insurer," effective 1/19, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-16761;

3. Form OIR-D0-2119, "UCAA Proforma Financial Statements, Title Insurance Company," effective 1/19, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14593; and

4. Form OIR-D0-2165, "UCAA Proforma Financial Statements, Health," effective 1/19, available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14450.

(3) The "biographical information package" is defined as all of the forms listed in this subsection.

(a) All individuals submitting a biographical information package shall complete and submit forms:

1. Form OIR-C1-938, "Fingerprints and Social Security Number," effective 01/25, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-17461; and

2. Form OIR-C1-1423, "Uniform Certificate of Authority Application (UCAA) Biographical Affidavit," effective 12/20, hereby incorporated by reference and available at https://www.FLRules.org/Gateway/Reference.asp?No=Ref-14441;

(b) In addition, the individual shall submit all of the following forms that are applicable to their circumstances:

1. Form OIR-C1-0500, "UCAA Biographical Affidavit Addendum Blank," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16194;

2. Form OIR-C1-0501, "UCAA Biographical Affidavit Addendum Education," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16195;

3. Form OIR-C1-0502, "UCAA Biographical Affidavit Addendum Employment," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16196;

4. Form OIR-C1-0503, "UCAA Biographical Affidavit Addendum General," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16197;

5. Form OIR-C1-0504, "UCAA Biographical Affidavit Addendum Licenses," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16198;

6. Form OIR-C1-0505, "UCAA Biographical Affidavit Addendum Professional," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16199;

7. Form OIR-C1-0506, "UCAA Biographical Affidavit Addendum Residence," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16200;

8. Form OIR-C1-0507, "UCAA Biographical Affidavit Addendum Societies," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16201; and,

9. Form OIR-C1-0509, "Uniform Certificate of Authority Application (UCAA) Biographical Affidavit Cover Letter Holding Company Structure," effective 7/23, available at http://www.FLRules.org/Gateway/Reference.asp?No=Ref-16203.