Volume 6, No. 7 - July 2017

Compliance Corner

This section has been created to assist you in keeping your insurance business in compliance. The items are intended as reminders only. Note: Division publications may include references to the Florida Statutes and/or the Florida Administrative Code. The laws noted in our publications are/were in effect at the time of publication but may have been repealed, amended or replaced and new laws may have been enacted subsequently.

EducationNewsCompliance Topic of the Month ~ Continuing Education (CE)

Changes were made to Chapter 69B-228, F.A.C. in April 2017 affecting all licensees required to comply with Continuing Education requirements. Because the requirements affect the majority of our licensees, we'd like to bring some of the changes to your attention:

69B-228.030, F.A.C.

(1) "Advertising” means the making of a representation in any form in connection with a provider of education or other business in order to promote continuing education credits. Forms of communication include, but are not limited to: television, radio, internet including social media, newspaper, text messaging or other means of instant messaging, email, or other forms of electronic communication.
(3)" Audit” means:
(a) Department activity to monitor or evaluate classroom, seminar, webcast, interactive online, and correspondence courses, examination sites, administrative offices, and provider and licensee records.(4) “Blended course” means a course that consists of a combination of the classroom, self-study correspondence or self-study online study methods.
(5) “Classroom course” means a course that is designed to be presented to a group of students by a live instructor using lecture, video, webcast, virtual or other audio-video presentation.
(6) “Completion,” when used in the context of:
(a) Correspondence course, Self-study, means a passing grade of 70 percent or better on the final examination.(7) “Compliance date” means the last day of the licensee’s birth month, after holding any license for which continuing education is required for 24 consecutive months a license for which continuing education is required.
(8) “Correspondence course” means a self-study course designed to be presented to students through physical documents or other media.
(12) “Credit hour” means a minimum of 50 minutes of classroom instruction or, for self-study courses, 50 minutes of time that is determined by the Department to be necessary to study text material in order to successfully complete the final examination
(14) “Education Database” means the Department’s online system for activity relating to approval of providers, school officials, courses, course offerings, instructors, and the filing of rosters and other information relating to continuing education courses required by rule or statute to be filed with the Department. The Education Database is accessed at http://www.myfloridacfo.com/division/agents.
(15) “Guest lecturer” or “speaker” means a natural person, not employed by the provider, who speaks at an approved seminar and whose resume is furnished by the course provider with the course application.
(16) “In-house” means courses or services available only to employees of an entity or for members of an association.
(30) “Virtual classroom course” means a type of classroom course in which instruction is provided in an interactive learning environment created through technology in which students are separated from their teachers by time or space, or both.
(31) “Webcast classroom course” means a type of classroom course delivered through interaction with a live instructor via the internet.

69B-228.060, F.A.C.

(8)(a) Instructors and supervising instructors shall have the authority and responsibility to deny credit to anyone who disrupts the class or is inattentive.
(b) Based on the course providers’ policies, refunds may be given.
(b)(c) It shall be considered a violation of this rule if an instructor knowingly allows the The following activities of students during approved class time, if knowingly allowed by an instructor, supervising instructor, or school official, shall be considered to be a violation of this rule chapter:
1. Sleeping;
2. Reading of non-course books, newspapers, or other non-course material;
3. Using a cellular phone or other electronic device except to take class notes or to complete mathematical or other course-related exercises;
4. Leaving the class other than during an authorized breaks or emergency.

69B-228-220, F.A.C.

(1)(b) Continuing education credit may not be earned for attending or instructing at any subsequent offering of the same continuing education course within a 24 month period. (Note: previously, courses could not be repeated within a 36 month period)

69B-228.230, F.A.C. Extensions
We occasionally receive inquiries whether the Department grants extensions for CE compliance. The following law provdes guidance on this topic.

(1) A request for an extension of time to complete continuing education requirements must be submitted to the Department on Form DFS-H2-460, Request for Extension of Time, which is incorporated by reference in Rule 69B-228.180, F.A.C., a minimum of 15 days prior to the compliance date.

(2) The Department shall grant an extension of time of 90 days to complete the minimum continuing education requirement to an individual upon a showing of good cause.

(3) “Good cause” means an incident or occurrence which is beyond the control of the applicant and which prevents compliance. Examples of good cause include: Disabling accident, illness, or declared national emergency.

(4) A granted request for extension of time shall only apply to a single compliance cycle.

(5) Receiving an extension to complete continuing education does not eliminate the requirement to maintain an active appointment within a 48 month period to retain licensure.

(6) Failure to complete continuing education requirements before the expiration of a granted extension shall result in the termination of appointments as prescribed in subsection 626.2815(10), F.S.

(7) A maximum of four (4) 90-day extensions may be granted for each compliance period if acceptable documentation is received by the Department.

(8) Licensees who are unable to comply with the continuing education requirements due to active duty in the military shall submit a written request for a waiver to the Department pursuant to subsection 626.2815(2), F.S.

(a) The waiver request must include a copy of the military orders.

(b) The timeframe for active duty, as listed within the military orders, must fall within the compliance cycle.

NOTE: Access to all content of rule Chapter 69B-228 can be found at THIS link.

Customer Representatives and the Supervising Agent - Reminder

The supervising agent must complete the “Designation of Supervising Agent for Customer Representatives or Limited Customer Representatives” form DFS-H2-1124 on behalf of the 4-40 licensee, and submit it to the Bureau of Licensing. A copy of the completed current form must also be maintained at the agency. If you have not submitted a current copy of this form to the Department for your customer representative(s), then it is highly recommended you come in to compliance immediately.

Title Agency Data Call 2017

2017 marked the third year title insurance agencies were required under s.626.8437(11), F.S. to submit information to the Florida Office of Insurance Regulation (OIR) under the data call required by s.627.782(8), Florida Statutes. Title agencies had until June 1, 2017, to make their submission to the OIR

Agencies that did not comply with this requirement by the June 1, 2017 deadline are being reviewed for possible disciplinary action against their license.

Each year, many agencies can avoid unintentional non-compliance by making sure the data was submitted to the OIR. An agency's submission is not considered to be complete until the agency receives an email receipt showing the agency's file log number. If you submitted your information, but did not received a confirmation email, you should contact the OIR immediately.

If you have any questions regarding this filing process, please contact the OIR's Market Data Collections Unit at 850-413-3147 or via email: TitleAgencyReporting@floir.com.

Compliance Information

Department licensees and consumers can access compliance information at the Division of Insurance Agent and Agency Services' web page Compliance Information. Additional information is available by type of license at our Frequently Asked Questions web page.

 

Note: Some information in archived articles may now be out-of-date or superseded by changes in Florida law. Please be sure you refer to the most current law.