Section 69B-213.090 - Duties of Appointing Agency(1) Agency Appointment of Customer Representative, In General. (a) It is the agency that is the employer of the customer representative in terms of payroll. In such situations the agency needs the procedural ability when the designated supervising agent quits or is terminated, to identify and designate in the agency records another general lines agent who assumes the responsibility to undertake the supervision of the customer representative, without the parties involved having to make an entirely new appointment of the customer representative.(b) The appointment of a customer representative by an agency does not allow or grant a greater independence or autonomy to the customer representative, or expand the scope of the customer representative's role, as compared to customer representatives appointed directly by an agent. The customer representative is an assistant to a designated supervising agent. An agency cannot transact insurance in the sense of binding coverages, advising clients or applicants, or similar activity; only a licensed agent can perform those tasks, or licensed customer representatives working under the supervision of the licensed and appointed agent.(2) There is an affirmative duty on the appointing agency to assure that there is always a licensed and appointed general lines agent designated as specified in Rule 69B-213.060, F.A.C., on Form DFS-H2-1124, "Designation of Supervising Agent Form," who has agreed to supervise the customer representative, and who is in fact supervising the customer representative in accordance with the supervisory requirements set out in this rule chapter.(3) When an agency first appoints a customer representative, it must designate on Form DFS-H2-501 to the Department in writing a general lines agent in good standing who will supervise the customer representative. This agent must sign the appointment paperwork submitted to the Department, thereby accepting and acknowledging the responsibility for the supervision of the customer representative.(4) The appointing agency shall immediately specify in agency records any change in the identity of the agent actually performing customer representative supervisory duties regarding any customer representative appointed by an agency. The appointing agency may change the designated supervising agent at any time provided notice of such is maintained in the agency's records. The appointing agency must designate a new designated supervising agent whenever the prior designated supervising agent ceases in fact to properly perform the supervisory duties; or the appointing agency shall terminate the appointment. (a) A new designated supervising agent is established by using the provisions set forth in subsection 69B-213.060(4), F.A.C.(b) Whenever the designated supervising agent of record is no longer in fact supervising the customer representative, that agency shall immediately require the customer representative to cease performing all customer representative duties, until a new designated supervising agent is properly designated. The appointing agent continues to be accountable and liable for the acts of that customer representative during such period until a new designated supervising agent is established.(5) It is the responsibility of the agent in charge for the agency to see that the agency complies with all requirements imposed upon the agency by this rule chapter.(6) The agency shall notify the Department of the termination of all customer representative appointments, according to procedures set forth in this rule chapter within 20 calendar days of the termination.Fla. Admin. Code Ann. R. 69B-213.090
Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.161, 626.451, 626.471, 626.7351, 626.7352, 626.7353, 626.7354, 626.747 FS.
New 12-19-93, Formerly 4-213.090, Amended 7-30-12.New 12-19-93, Formerly 4-213.090, Amended 7-30-12.