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Division's Bureau of Investigation and Division
Investigative and Forensic Services (DIFS)
Host Sun City Center Presentation

On Tuesday, March 6, 2018 the Division of Insurance Agent and Agency
Services' Rock Roque and Lt. Carl Reschke of DIFS, addressed a group
of 450 to 500 residents of the Sun City Center in Hillsborough County.
Those attending were senior citizens who reside in the area's 55+ community.

The meeting was held to discuss various types of frauds and scams being
perpetrated against Florida's senior citizens and was sponsored by the
Hillsborough County Sheriff's Office.

Other presenters included:

Andrew Sekela, FBI, Tampa Office
Bryan Oglesby, Better Business Bureau
Jackie Callaway, Action News, WFTS, Tampa Bay

DFS Regional Administrator Roque and Lt. Reschkel described the mission and function of the divisions and how we can be of service to the senior population.

Attendees were reminded the former Department of Insurance
has been known as the Department of Financial Services since 2002,
provided a list of the types of insurance products we regulate, gave the
group an overview of services provided by the Department's Division of
Consumer Services and how to contact the division for assistance.
Other discussions:

• Life and annuity issues that we see and why an agent would be motivated to replace an existing policy or contract with a new one.
• The importance of verifying the information in the policy when it is issued.
• Fraudulent telephone calls requesting the person send money immediately.
• Auto windshields and homeowner claims, and the challenges of using an assignment of benefit to the contractor.
• Cautioning everyone on signing forms without reading them, or signing blank forms.
• Auto warranties

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Check Your New Hire's Background

Regardless of what type of business you operate, you have an obligation to check the backgrounds of individuals you hire for administrative action history with the Department and for criminal history. Employing an individual with a suspended or revoked license can lead to action against your own license and possibly criminal charges.

Florida law states that during the period of suspension or revocation of a license or appointment, and until the license is reinstated or, if revoked, a new license issued, the former licensee or appointee may not engage in or attempt or profess to engage in any transaction or business for which a license or appointment is required. Additionally, they may not directly or indirectly own, control, or be employed in any manner by an agent, agency, adjuster, or adjusting firm.

To be clear, it is unlawful for any person who is removed or prohibited from participation in the insurance business, or for any licensee whose rights or privileges under such license have been suspended or revoked pursuant to the Florida Insurance Code, to knowingly act as a licensee, an affiliated party, or to knowingly transact insurance until expressly authorized to do so by the department. Any person who violates the provisions of this commits a felony of the third degree.

You may search our Department's sitio Web for license status, past enforcement actions, news releases related to some arrests, along with other valuable information to inform and protect you and your business.

• You may search our valid licensee search by going to https://myfloridacfo.com/Data/AAR_ALIS1/index.htm.


• You may also contact our Department at Consumer.Services@myfloridacfo.com o PublicRecordsRequest@myfloridacfo.com for past license and complaint history or inactive licensee information.


• For a listing of the most recent enforcement actions taken by the Department against licensees, registrants, and other entities, please go to https://myfloridacfo.com/Division/Agents/Industry/News/DisciplinaryActions.aspx


• You may search for final enforcement orders issued on or before July 1, 2015 by going to https://finalorders.fldfs.com/ExternalWebAccess.aspx to go to our Department's Legal Division website.


• You may search for enforcements orders issued after July 1, 2015 by going to https://www.doah.state.fl.us/FLAIO to go to the Division of Administrative Hearings website.

It is also important to know the criminal background of individuals employed in your insurance agency. Some licensees, such as bail bond agents, are prohibited from allowing convicted felons to work in their agencies. A person who has been convicted of or who has pleaded guilty or no contest to a felony or a crime involving moral turpitude or a crime punishable by imprisonment of one year or more regardless of whether adjudication of guilt was withheld, may not act in any capacity for a bail bond agency or participate as a director, officer, manager, agent, contractor, or employee of any bail bond agency or office. Any person who permits a person who has been convicted to do so can be charged with a third degree felony.

[See s. 624.310, 626.342, 626.621, 626.641, 648.387, 648.44, y 648.441, Estatutos de la Florida]

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Actualización Legislativa

A number of legislative bills of importance or interest
to the Department have been signed into law and others
are pending Governor Rick Scott's approval:

CS/CS/CS/HB 1073/ Department of Financial Services: Revises requirements for electronic originals and copying of certain records media; revises certain bureau names and creates new bureaus; revises service options for child transition plans; creates Florida Open Financial Statement System and authorizes the CFO to choose contractors to build system; eliminated the managing general agent license under the Florida Insurance Code; revises terms of office for Florida Fire Safety Board; deletes provision for staffing and funding formula of Florida State Fire College. APPROPRIATION: $500,000. Effective Date: July 1, 2018 Chapter No. 2018-102 CS/SB 512/ Homestead Waivers: Provides language which may be used to waive spousal homestead rights concerning devise restrictions, etc. Effective Date: July 1, 2018 Chapter No. 2018-22 CS/CS/HB 1011/ Homeowners' Insurance Policy Disclosures: Revised homeowner's flood damage insurance policy disclosure requirements. Effective Date: January 1, 2019 Chapter No. 2018-63 SB 660/ Florida Insurance Code Exemption for Nonprofit Religious Organizations; Revised the criteria under which a nonprofit religious organization that facilitates the sharing of contributions among its participants for financial, physical, or medical needs is exempt from requirements of the code, etc. Effective Date: July 1, 2018 Chapter No. 2018-25 CS/HB 661/ Business Filings: Authorizes certain persons and entities to correct certain documents; provides that correction filed for certain reasons are not subject to department fee; requires department to send notice of filing of record through e-mail or send copy of document to mailing address of entity, representative, or agent; provides notice requirements for department if record changes entity's e-mail or mailing address. Effective Date: July 1, 2018 Chapter No. 2018-58 CS/HB 29/ Military and Veterans Affairs: Citing this act as the "Don Hahnfeldt Veteran and Military Family Opportunity Act"; revises licensure eligibility requirements; requires the Department of Agriculture and Consumer Services to waive certain fees; authorizing the licensing authority to recognize certain military-issued credentials for purposes of licensure; designating March 25 of each year as "Medal of Honor Day"; requires the State Board of Education to issue a temporary certificate in educational leadership to certain persons, etc. Effective Date: July 1, 2018 Chapter No. 2018-7 HB 7097 OGSR/ Citizens Property Insurance Corporation; Removes scheduled repeal of exemption from public record requirements for certain proprietary information provided by insurers to Citizens Property Insurance Corporation policyholder eligibility clearinghouse. Effective Date: October 1, 2018 Chapter No. 2018-121

CS/CS/HB 465/ Insurance; Provides an exception from valuation rules for stocks in subsidiaries for certain foreign insurers under certain conditions; revising requirements for rules adopted by the Department of Financial Services and the Financial Services Commission relating to the privacy of certain consumer information; revises the definition of the term "specialty insurer" to include viatical settlement providers, etc. Effective Date: March 30, 2018 Chapter No. 2018-131 CS/CS/SB 1392/ Criminal Justice: Requiring the Department of Corrections to include information in its annual report on inmate admission based on offense type and recidivism rate; encouraging local communities and public or private educational institutions to implement prearrest diversion programs for certain offenders; requiring each pretrial release program to include in its annual report the types of criminal charges of defendants accepted into a pretrial release program, the number of defendants accepted into a pretrial release program who paid a bail or bond, the number of defendants accepted into a pretrial release program with no prior criminal conviction, and the number of defendants for whom a pretrial risk assessment tool was used or was not, etc. APPROPRIATION: $1,750,000.00 Effective Date: July 1, 2018 Chapter No. 2018-127 CS/CS/HB 483/ Unfair Insurance Trade Practices:Revises types, value and frequency of advertising and promotional gifts that licensed insurers or their agents may give to insureds, prospective insureds, or others; authorizes such insurers or agents to make certain charitable donations on behalf of insureds or prospective insureds; prohibits title insurance agents, agencies, and insurers from giving insureds, prospective insureds, or others merchandise in excess of specified value; authorizes certain licensed insurers and agents to give specified complimentary services or discounted rates on specified services. Effective Date: July 1, 2018 Chapter No. 2018-149 CS/HB 533/ Unfair Insurance Trade Practices; Authorizes insurers to refuse to insure or refuse to continue to insure an applicant or insured for failing to purchase certain noninsurance motor vehicle services, etc. Effective Date: July 1, 2018 Chapter No. 2018-153

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Marketplace Health Agents:
Centers for Medicare & Medicaid Services (CMS)
Resource Manual Available

CMS has posted a manual to assist Marketplace agents and brokers seeking assistance with Marketplace issues. The guide, dated March 15, 2018, can be found at este enlace.

 

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Are You In The Know?

Across:
3. How many Florida counties were affected by this year's hurricane season?
4. The deadline for the 2018 Title Agency Data Call was ______ 1, 2018.
6. CMS has posted a _____ to assist Marketplace agents & brokers with Marketplace issues.
9. The Department of Insurance became the Department of _________ Services in 2002.
10. HB1073 ____________ the appointment process for non-resident adjusters.
11. A violation at one ______ of a title agency could affect all locations.

Down:
1. HB533 would authorize insurers to refuse to insure or continue to insure for not purchasing certain noninsurance _____ services.
2. SB512 provides language which may be used to waive spousal _________ rights concerning devise restrictions, etc.
5. HB953 eliminating the credit report freeze fee was passed ________.
7. Sun City Center residents attended a presentation on the insurance issues faced by __________.
8. HB1101 revised homeowner's flood damage insurance policy __________ requirements.