NOTICE OF PROPOSED RULE DEPARTMENT OF FINANCIAL SERVICES Division of Agent and Agency Services RULE NO.: RULE TITLE: 69B-211.003 License to Sell Life Insurance to Fund Prearranged Funeral Services or Merchandise, in Part I, Application Procedures 69B-211.005 Fees, in Part I, Application Procedures 69B-211.020 Purpose, in Part III, Character and Credit Reports 69B-211.021 Definitions, Part III, Character and Credit Reports PURPOSE AND EFFECT: Rules 69B-211.003, 69B-211.005, 69B-211.020 and 69B-211.021, F.A.C., are being repealed since they are duplicative of the law implemented. SUMMARY: Rules 69B-211.003, 69B-211.005, 69B-211.020, and 69B-211.021, F.A.C., in Chapter 69B-211, F.A.C., Insurance Representatives, are repealed. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The agency has determined that the proposed rule repeal is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. RULEMAKING AUTHORITY: 624.308, FS. LAW IMPLEMENTED: 624.307(1), 626.201, 624.501, 626.521, 626.785(3), FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: January 22, 2015 @ 2:00 p.m. PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting Matt Tamplin at (850)413-5460 or Matt.Tamplin@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matt Tamplin, Chief, Bureau of Licensing, Larson Building, 200 E. Gaines Street, Tallahassee, FL 32399-0320 (850)413-5460 or Matt.Tamplin@myfloridacfo.com. THE FULL TEXT OF THE PROPOSED RULE IS: 69B-211.003 License to Sell Life Insurance to Fund Prearranged Funeral Services or Merchandise. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.785(3) FS. History–New 6-4-92, Formerly 4211.003, Repealed _______________. 69B-211.005 Fees. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 624.501 FS. History–New 6-4-92, Amended 418-94, Formerly 4-211.005, Repealed _______________. 69B-211.020 Purpose. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.201, 626.521 FS. History–New 6-4-92, Formerly 4-211.020 Repealed _______________. 69B-211.021 Definitions. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.521 FS. History–New 6-4-92, Formerly 4211.021, Repealed _______________. NAME OF PERSON ORIGINATING PROPOSED RULE: Matt Tamplin, Chief, Bureau of Licensing, Division of Agent and Agency Services, Department of Financial Services. NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2014 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: N/A 69B-211.003 License to Sell Life Insurance to Fund Prearranged Funeral Services or Merchandise. A funeral director, direct disposer, or an employee or representative of a funeral establishment or direct disposal establishment which holds a Certificate of Authority pursuant to Section 639.09, F.S., or an employee or representative of a person who holds a Certificate of Authority issued pursuant to Section 497.405, F.S., or issued prior to October 1, 1993, pursuant to Section 639.09, F.S., may obtain a life agent’s license as provided in and limited by Section 626.785(3), F.S., to sell only policies of life insurance covering the expense of a prearrangement of funeral services or merchandise to provide funds when the services or merchandise are needed. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.785(3) FS. History–New 6-4-92, Formerly 4211.003, Repealed _______________. 69B-211.005 Fees. (1) The Department is authorized to charge certain fees payable by applicants and others, in amounts sufficient to cover the actual cost of the service provided. The Department has determined the costs of the following services: (a) Fingerprint processing fee for each fingerprint card submitted $64 (b) Exam fee for each exam scheduled $56 (2) The fees listed in subsection (1), above, shall be made payable to the “Florida Department of Financial Services.” The fees are payable in advance of the service provided and are not refundable. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 624.501 FS. History–New 6-4-92, Amended 4-1894, Formerly 4-211.005, Repealed _______________. 69B-211.020 Purpose. The purpose of these rules is to establish minimum standards and guidelines to provide adequate disclosure of the information necessary to evaluate applicants for appointment as insurance representatives to protect the insurance buying public by appointing fit, trustworthy, competent and qualified insurance representatives. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.201, 626.521 FS. History–New 6-4-92, Formerly 4-211.020, Repealed _______________. 69B-211.021 Definitions. For purposes of these rules, the following terms shall mean: (1) “Applicant” means any first-time applicant for an appointment as agent, customer representative, adjuster, service representative, or managing general agent. (2) “Employer” means any appointing insurer or its manager or general agent in this state, in the case of agents, or the appointing general lines agent, in the case of customer representatives, or the employer, in the case of service representatives and of adjusters who are not self-employed. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.521 FS. History–New 6-4-92, Formerly 4211.021, Repealed _______________.