Fla. Admin. Code R. 69B-228.080

Current through Reg. 50, No. 222; November 13, 2024
Section 69B-228.080 - Course Approval; Requirements; Guidelines
(1) Application Procedure. An application for course approval shall be electronically submitted to the Department on Form DFS-H2-1268, Course Application, which is incorporated by reference in Rule 69B-228.180, F.A.C.
(2) Requirements for All Courses:
(a) No course for continuing education credit shall be taught unless previously approved by the Department.
(b) Each course must provide instruction of no less than the hours for which it was approved.
(c) The course must be taught in the method for which it was approved.
(d) A provider may not use copyrighted material without the expressed written consent of the owner of such material.
(e) The following courses shall qualify for approval:
1. Courses that are part of a national designation program named in the continuing education law, section 626.2815, F.S., or
2. Any insurance-related course as referenced in Section 626.2815(3), F.S.
(f) Courses that do not meet the criteria of paragraph (e), above, must meet the following criteria to qualify:
1. The course must have significant intellectual or practical content and enhance the insurance knowledge, understanding, ethics, or professional competence of the licensee; and,
2. The course must promote an increase in technical knowledge of insurance principles, coverages, laws or regulations utilizing the most recent policy forms and laws.
(g) Course content shall not qualify for continuing education credit approval if it is:
1. Designed to prepare students for license examination.
2. Teaching:
a. General account, other general business skills, computer use, or computer software application use.
b. Accounting or tax preparation in connection with the internal business of the licensee.
c. Motivation or salesmanship or sales promotion.
(I) "Salesmanship" as used herein, means methods designed to:
(A) Induce a prospect's decision to buy;
(B) Increase a licensee's effectiveness at generating new business, premium volume, or
(C) Increase customer base in any fashion.
(II) "Sales promotion" as used herein, means discussion of production levels or target markets or other demographics of a specialized nature in order to promote or effectuate sales.
d. Skills on goal setting, time management, communication, stress management or marketing.
3. Relating only to the organizational procedures, internal polices, or marketing and business practices of an insurer or any other employer, including meetings held in conjunction with the general business of the licensee.
4. Primarily intended to impart knowledge of specific products of specific companies, if the use of the products relates to the sales promotion or marketing of one or more of the products discussed.
5. A course with the same content as another course that has already been approved by the Department for the same course provider.
6. Copyrighted material without an authorization letter from the owner, if the owner is not the submitting course provider.
(3) The provider shall submit the following for classroom courses:
(a) A 3-tiered outline of approximately one page per 50 minutes of instruction.
(b) All supplemental course materials given to students.
(4) Additional Requirements for Seminar Courses:
(a) Providers shall indicate on the Course Application Form whether partial credit is desired and shall keep attendance records for each separate part.
(b) Courses shall expire 12 months from the approval date.
(c) Providers shall submit the following:
1. An outline of course instruction.
2. A copy of the program agenda.
3. A list of each speaker presenting.
4. All supplemental course materials given to students.
(5) Additional Requirements for Online and Correspondence Courses:
(a) Students must be provided a response to their inquiries within 2 business days from the date of the inquiry.
(b) Students are required to acknowledge their understanding that the course must be completed without assistance. The student acknowledgement shall also include a statement that the student understands that a violation of such standards shall result in an administrative sanction based on Section 626.611(1)(g), F.S., and the loss of course credit.
(c) The provider shall submit the following:
1. Description of how students will be provided a response to their inquiries.
2. A copy of the final examination and how it will be administered.
3. An electronic copy of all course content.
4. An outline with corresponding course content referenced by page number.
5. Quiz questions for each chapter with correct answers identified and referenced to course content by page number.
6. Bank of exam questions with correct answers identified and referenced to course content by page number.
7. Upon completion, each student is required to sign an acknowledgement verifying that the final exam was completed unassisted and the student understands that a violation of such standards shall result in an administrative sanction based on Section 626.611(1)(g), F.S., and the loss of course credit.
(d) All supplemental course materials given to students.
(6) In addition to the requirements in subsection (5), online interactive correspondence courses are subject to the following requirements:
(a) Online access for the Department to review the course.
(b) Description of how the students will access the course.
(c) Procedures to verify student identity at registration and throughout the duration of the course, including examinations.
(7) Blended courses must satisfy the requirements for all of the study methods being requested and must include the words "Blended Course" in the course title.
(8) Materials and speeches used in subsequent offerings of approved courses shall be updated to maintain currency of the information.
(9) Course difficulty level shall be determined based on the experience level of the licensee that the course was designed to serve.
(a) Basic: A course designed for entry-level licensees or licensees new to the subject matter.
1. Basic course elements:
a. Learning objectives that are intended to provide the student with a basic knowledge and comprehension of the subject matter;
b. Significant course time is devoted to building appropriate terminology, definitions and concepts of the subject matter, such as forms and coverage issues;
c. Focus of the course is an introduction to or fundamentals of the subject matter rather than application of the subject matter.
(b) Intermediate: A course designed for licensees who have existing competence in the subject matter and seek to further develop and apply those skills.
1. Intermediate course elements:
a. A limited review, up to a 25 percent maximum of total course time or material, of terms, definitions and concepts considered to be basic concepts of the subject matter;
b. Significant course time is devoted to the application of basic concepts to client specific situations through case studies, problem solving exercises, calculations and other related tools;
c. Analysis of Florida Statutes, Department rules and relevant case law.
(c) Advanced: A course designed for licensees who have a strong foundation and high level of competence in the subject matter.
1. Advanced course elements:
a. Analysis of more sophisticated or complex issues concerning the subject matter;
b. Technical analysis of the theory underlying the subject matter;
c. Ideas considered to be leading edge within the subject matter;
d. Complex case studies, calculations or other related analysis tools.
(10) Credit hours for self-study courses shall be calculated by:
(a) Dividing the total number of words submitted in the course text, excluding images, graphics and examination questions, by 180 (documented average reading time) to get the number of minutes. Divide the number of minutes by 50 to get basic level credit hours. Multiply the number of basic credit hours by 1.25 for an intermediate level course and 1.50 for an advanced level course. Fractional hours rounded up if .50 or above, and rounded down if .49 or less.
1. Any course that includes interactive material, including, but not limited to, audio or video, shall be accompanied by text dictation of the interactive material.
a. The text dictation for interactive material shall not be included in the course text word count.
b. The total run time of interactive material shall be included in the calculation of credit hours.
(11)
(a) Except as provided in paragraphs (11)(b) and (c), courses will not be approved for more than 24 hours of credit per course regardless of total class hours, number of consecutive sessions in a seminar, or volume of text required for self-study.
(b) Courses for bail bond agents will not be approved for more than 14 hours per course.
(c) Courses for title agents will not be approved for more than 10 hours per course.
(12)
(a) Approval of courses which have not been offered for a period of 2 years from the end date for the course stated in the Course Offering Application shall expire.
(b) Future use of expired courses requires a new fee and application.
(c) "Use" means the activity of presenting the classroom course and submitting Form DFS-H2-400, Attendance Roster Detail, which is incorporated by reference in Rule 69B-228.180, F.A.C.
(13) Self-Study Examinations.
(a) A comprehensive final examination shall be given at the end of each self-study course.
(b) All time used for examination shall be in addition to required course hours.
(c) Self-study examination questions for other than interactive online courses shall be referenced back to the text. If requested by the Department, the school official or course provider representative shall identify the location in the text of the answer for a particular question on an exam.
(d) Except for designation programs named in Section 626.2815, F.S., self-study course exams shall:
1. Have a minimum of 10 questions for 1 credit hour with an additional 5 questions for each subsequent credit hour.
2. Be substantially revised annually for each course unless examinations are updated with each course sold.
(e) A licensee must achieve a grade of 70 percent or more to be eligible to receive credit.
(f) The student shall not have possession of the answers for either in-state or out-of-state examinations after completion of the examination.
(g) Self-study course exam grades may not be curved or rounded up to achieve a passing score.
(h) Students of self-study courses shall not grade their own exams or each other's exams.
(i) Self-study exams may not include:
1. True or False questions.
2. Question stems that:
a. Do not track study material. For example, text says "contract" and the question uses the term "Form," or "Policy."
b. Do not provide enough information to determine the correct answer.
c. Are not clear and concise.
d. Provide clues about the correct answer.
e. Are misleading or overly complicated.
4. Answer choices that:
a. Are not in parallel form.
b. Are of the best answer variety, multiple response, or all of the above.
c. Are inadequately keyed responses.
d. Do not have enough information in the correct answer.
e. Are not clear and concise.
f. Are misleading or overly complicated.
g. Are not mutually exclusive.
h. Are obviously correct or incorrect.
(14) A curriculum outline for a 4-hour law and ethics update course shall be approved by the Department on Form DFS-H2-2081, 4-hour Law and Ethics Update, or Form DFS-H2-2111, 4-Hour Law and Ethics Update - Bail Bonds, which are incorporated by reference in Rule 69B-228.180, F.A.C.
(a) A 4-hour law and ethics update course shall be approved in any of the following authorities:
1. Life (Including Annuities and Variable Contracts).
2. Health & Life (Including Annuities and Variable Contracts).
3. Health.
4. General Issue.
5. Adjuster.
6. Public Adjuster.
7. Bail Bonds.
(b) The course shall not be approved for less than 4-hours and 4-hours of the course must follow the curriculum outline approved by the Department including discussion on the following subjects:
1. Regulatory Awareness.
2. Insurance Law and Updates.
3. Ethical Requirements.
4. Industry Trends.
5. Disciplinary Trends and Case Studies.
6. Premium Discounts, excluding adjusters and public adjusters.
7. Suitability of Products and Services, excluding adjusters and public adjusters.
(c) An approved 4-hour course shall expire one year after its approval date.

Fla. Admin. Code Ann. R. 69B-228.080

Rulemaking Authority 624.308, 626.2816, 648.26, 648.386 FS. Law Implemented 215.322, 624.307, 624.501, 626.2815, 626.2816, 626.869, 648.386 FS.

New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.080, Amended 1-17-05, Amended by Florida Register Volume 43, Number 060, March 28, 2017 effective 4/12/2017, Amended by Florida Register Volume 48, Number 193, October 4, 2022 effective 10/20/2022.

New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.080, Amended 1-17-05, 4-12-17, 10-20-22.