Every number on the Florida 2-40, with its source
33 exact values pulled out of the study guides and put in one place, each one carrying the statute, rule or standard it comes from. These are the figures the exam turns on and the ones people lose points to — the difference between 14 days and 21 days is a whole question.
33 values
Florida Licensing and Agent Conduct for the 2-40
| 2-40 prelicensing course | 40 hours of approved coursework in health insurance, 3 hours on ethics, within the 4 years before the application (s. 626.8311, F.S.) |
| Minimum age and residency for licensure | At least 18, bona fide Florida resident, U.S. citizen or legal alien with federal work authorization (s. 626.731, F.S.); must not hold a resident license in another state |
| Transacting insurance without a license | Knowingly transacting insurance, or aiding an unlicensed person, is a felony of the third degree (s. 626.112(10), F.S.) |
| Appointment renewal | Renewal request filed by the appointing entity in the appointee's birth month (natural persons), and every 24 months thereafter (s. 626.381(1), F.S.) |
| Continuing education — standard | 4-hour update course specific to a license held + 20 elective hours every 2 years = 24 hours (s. 626.2815, F.S.) |
| CE after 6 or more years licensed | 4-hour update + 16 electives = 20 hours (s. 626.2815, F.S.) |
| CE after 25 or more years licensed with CLU, CPCU or qualifying degree | 4-hour update + 6 electives = 10 hours (s. 626.2815, F.S.) |
| Premium trust funds | Trust funds received in a fiduciary capacity; no commingling; preserve records of premium payments at least 3 years after payment (s. 626.561(1)–(2), F.S.) |
| Premium diversion — criminal tiers | $300 or less: 1st-degree misdemeanor; more than $300 but less than $20,000: 3rd-degree felony; $20,000 or more but less than $100,000: 2nd-degree felony; $100,000 or more: 1st-degree felony (s. 626.561(3), F.S.) |
| Rebating — the five conditions | Available to all insureds in the same actuarial class; per a rebating schedule filed with the issuing insurer; applied uniformly by policy and amount; not given where the insurer prohibits agent rebating; schedule prominently displayed in public view with a free copy on request (s. 626.572, F.S.) |
| Lawful solicitation hours | No in-person or telephone solicitation after 9 p.m. or before 8 a.m. local time of the prospective customer, unless the prospective customer requested it (s. 626.621(17), F.S.) |
| Reporting a felony plea or conviction | Within 30 days; failure is a discretionary ground (s. 626.621(10), F.S.) |
| Unfair trade practice fines (general) | Up to $12,500 per nonwillful and $100,000 per willful violation; aggregate $50,000 nonwillful and $500,000 willful for violations arising out of the same action (s. 626.9521(2), F.S.) |
| Twisting or churning penalty | 1st-degree misdemeanor; administrative fine up to $12,500 nonwillful, up to $187,500 willful if fraudulent; aggregate $125,000 / $625,000 for the same action (s. 626.9521(3)(a) and (3)(d), F.S.) |
| Guaranty association — basic hospital, medical-surgical or major medical | $500,000 (s. 631.717(12)(d), F.S.); the association may never be used in advertising or solicitation to induce a purchase (s. 631.735, F.S.) |
Florida Health Insurance Law for the 2-40
| Free look — individual health | 10 days from delivery; does not apply to single-premium nonrenewable or travel accident policies (Rule 69O-154.003, F.A.C.) |
| Free look — Medicare supplement | Prominently displayed no-loss cancellation clause: return within 30 days after receiving the policy or certificate, full refund of premium paid (s. 627.674(4)(d), F.S.) |
| Free look — long-term care | 30 days after delivery, premium refunded (s. 627.9407(8), F.S.) |
| Medicare supplement open enrollment | 6-month period beginning with the first month the individual is 65 and enrolled in Medicare Part B; must also be offered to those under 65 eligible for Medicare by disability or ESRD; no medical or health-status underwriting or pricing during the window (s. 627.6741, F.S.) |
| Medicare supplement preexisting condition limit | No longer than 6 months, and no more restrictive than a condition for which advice or treatment was given within 6 months before the effective date (s. 627.6741(2)(b), F.S.) |
| Medigap cancellation grounds (FL) | Nonpayment of premium or material misrepresentation only — s. 627.6741, F.S. |
| Duplicate Medigap coverage (FL) | Prohibited — any sale that would provide an individual with more than one Medicare supplement policy or certificate — Rule 69O-156.017, F.A.C.; parallel agent rule 69B-156.017, F.A.C. |
| Long-term care unintentional lapse protection | Insurer must notify the policyholder at least annually of the right to designate a secondary addressee; no cancellation for nonpayment without 30 days notice after the grace period, and notice may not be given until 30 days after a premium is due and unpaid (s. 627.94073, F.S.) |
| Long-term care reinstatement for cognitive impairment | Not less than 5 months after cancellation to demonstrate the nonpayment was unintentional and due to cognitive impairment, loss of functional capacity or continuous confinement (s. 627.94073, F.S.) |
| Small employer definition | Employed an average of at least 1 but not more than 50 employees on business days during the preceding calendar year; an annual 30-day open enrollment period must be offered (s. 627.6699, F.S.) |
| Eligible employee — small group | Works full time with a normal workweek of 25 or more hours (s. 627.6699, F.S.) |
| Florida mini-COBRA | Fewer than 20 employees; 18 months, 29 if SSA-disabled; premium up to 115% of the applicable premium, up to 150% during the 11-month disability extension; beneficiary notice to carrier within 63 days of the qualifying event; carrier election and premium notice within 14 days; elect within 30 days (s. 627.6692, F.S.) |
| Dependent child coverage | Must cover at least to the end of the calendar year the child turns 25; must also offer the option to continue at least to the end of the calendar year the child turns 30 (s. 627.6562, F.S.) |
| Newborn coverage | Covered from the moment of birth; any notice requirement may not be less than 30 days after the birth (s. 627.641 individual and s. 627.6575 group, F.S.) |
| Claim payment — from the insured or assignees (s. 627.613, F.S.) | Pay or contest in writing within 45 days; pay or deny within 60 days of receiving requested additional information; 120 days outer limit; 10% simple interest per year on overdue payments |
| Time limit on certain defenses (s. 627.607, F.S.) | 2 years from the issue date; afterward only fraudulent misstatements can void the policy or deny a claim |
| Florida KidCare / Healthy Kids | A child who has not reached 19 with family income at or below 300% of the federal poverty level is eligible (s. 409.814, F.S.); the Florida Healthy Kids Corporation is created as a not-for-profit corporation by s. 624.91, F.S. |
| HIV testing for insurance | Insurer must disclose its intent to test and obtain written informed consent; strict confidentiality of results; sexual orientation may not be used in underwriting or to determine who is tested (s. 627.429, F.S.) |