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  Vol. 7 No. 2 February 2018

Esquina de Cumplimientocompliance crossword image


Fingerprinting Requirement of Licensed Firms/Entities Reminder

If there is a change in ownership or control of any entity licensed under Capítulo 626, F.S., or if a new partner, officer, or director is employed or appointed, a set of fingerprints of the new owner, partner, fingerprint manofficer, or director must be filed with the Department within 30 days after the change. This includes insurance agencies, title insurance agencies, travel agencies holding a travel insurance license, managing general agents, firm reinsurance intermediary brokers, as well as others. The acquisition of 10 percent or more of the voting securities of a licensed entity is considered a change of ownership or control. Please note that for insurance agencies, fingerprints need not be filed for any individual who is currently licensed and appointed.

If you are required to be fingerprinted, you must do so through Florida's vendor, MorphoTrust USA, formerly L-1 Enrollment. You can register, request fingerprint cards to be mailed to you, and pay for fingerprinting by visiting www.L1enrollment.com/FLInsurance or by calling 1-800-528-1358. The fingerprinting fee is $45.80 plus local taxes.

[See s.626.202, Estatutos de la Florida]

Agency License Cancellation for Failure to Designate an Agent in Charge

shut downAn insurance agency location may not conduct the business of insurance unless an agent in charge is designated by, and providing services to, the agency at all times. If the agent in charge designated with the Department ends his or her affiliation with the agency for any reason and the agency fails to designate another agent in charge within 30 days and such failure continues for 90 days, the agency license shall automatically expire on the 91st day from the date the designated agent in charge ended his or her affiliation with the agency. [Sec. 626.0428(4)(f), Estatuto de la Florida]

Department Access to Licensee Records

The Department's right to conduct investigations and attain access to the accounts, records, documents, and transactions pertaining to or affecting the insurance affairs of any licensee is addressed in s.624.317, Estatutos de la Florida

Every person being investigated, and its officers, attorneys, employees, agents, and representatives, shall make freely available to the Department or Office or its examiners or investigators the accounts, records, documents, files, information, assets, and matters in their possession or control. If records relating to the insurance transactions are maintained by an agent on premises owned or operated by a third party, the agent and special badgethe third party must provide the Department with access to the records. [s.624.318, Estatuto de la Florida]

Any individual who willfully obstructs or denies the Department or investigator access to business records is guilty of a misdemeanor, and upon conviction shall be punished as provided in s.624.15, Estatutos de la Florida

The Department and its investigators make every attempt to secure access to licensee business records in an amicable manner, however, should a licensee refuse to provide access, the Department will obtain a subpoena which is enforceable in circuit court. Refusing to honor a court order can result in contempt of court and other charges being filed against the licensee.

Información sobre Cumplimiento

Department licensees and consumers can access compliance information at the Division of Insurance Agent and Agency Services' web page Información sobre Cumplimiento. Additional compliance globeinformation is available by type of license at our Preguntas Frecuentes 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.

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Make Sure You Don't Miss Important Information From Us

We highly recommend licensees routinely check their Mi Perfil accounts for messages from the Department. We send an email notification when a message has been sent to remind you to check your Mi Perfil account, but on rare occasions you may not receive that email. For this reason, we suggest you add our domains dfs.state.fl.usy MyFloridaCFO.com to your email software's Trusted or Safe Senders List to ensure you are able to receive email notifications from us. Licensees who have a valid email address on file with the Department, as required by law, are sent important email notifications when something affecting their application, license, continuing education, or appointment(s) occurs. Additionally, we will keep you informed with warnings regarding new schemes and scams being marketed to licensees. You can update your contact information through your Mi Perfil account. We want to keep you informed in a timely manner of pertinent information. You are still required to abide by the Florida Insurance Code regardless of whether you read the information we provide or attempt to provide.

Legal Notices © 2018 Florida Department of Financial Services