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Inicio del Departamento | Inicio de Agentes y Agencias | Inicio de Insurance Insights

  Vol. 7, No. 3, April 2019

Esquina de Cumplimiento

Insurance Agency Compliance - Requirements

It is important to remember that an insurance agency is required to be licensed by the Department of Financial Services. The Florida Insurance Code defines "agency" differently for certain license types.

Life, health, and general lines insurance agencies are defined as a business location at which an individual, firm, partnership, corporation, association, or other entity, other than an employee of the individual, firm, partnership, corporation, association, or other entity and other than an insurer or an adjuster, engages in any activity or employs individuals to engage in any activity which by law may be performed only by a licensed insurance agent.

"Bail bond agency" means the building where a licensee maintains an office and where all records required... are maintained; or an entity that charges a fee or premium to release an accused defendant or detainee from jail; or engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent. [s. 648.25(1), Estatuto de la Florida]

"Title insurance agency" means an insurance agency under which title insurance agents and other employees determine insurability in accordance with underwriting rules and standards prescribed by the title insurer represented by the agency, and issue and countersign commitments, endorsements, or policies of title insurance, on behalf of the appointing title insurer. The term does not include a title insurer. [See s. 626.841(2), Estatuto de la Florida]

Each location must be under the full time charge of a properly licensed and appointed agent for the insurance being transacted at the agency. Each agency must notify the department of the physical address of each agency location and the name and license number of the agent designated to be in charge of each location. [ss. 626.0428(4), 648.387, 648.44(4), F.S., 69B-221.051(1), C.A.F.]

ALL insurance agencies are required to be open and accessible to the public.

Licensees may have an agency located in their home if:

-a separate room is set aside and actually used as the office or place of business;
-the room is easily accessible to the public and used by the agent to deal with the public;
-the location is suitably advertised to allow the public to locate it, as determined by the Department. 626.749, Estatuto de la Florida]

Bail bond agencies must have an entrance that is easily accessible to the public with a sign, or other display which is visible from a reasonable distance and provides at least the name of the agency. If the agency is in a building with a uniform office directory, the directory must show no less than the name of the bail bond agency. The bail bond agency must be open to the public at least eight hours daily between 8:00 AM and 6:00 PM, Monday through Friday. [69B-221.051(3), C.A.F.]

Penalties for violations of the above range from a minimum of a $1,500 fine to a maximum of a 12-month suspension for a willful violation. These penalties may be directed to the agency, the owner, and/or the agent in charge, or primary bail bond agent.

Title Agency Data Call 2019

Notice from the Florida Office of Insurance Regulation

2019 Filing Deadline is 31 de Mayo de 2019

Data call related specifically to Annual Reporting by Agencies of Title Insurance

Please Read All Instructions Below Carefully

The Florida Office of Insurance Regulation (Office) is conducting its annual Title Agencies Data Call pursuant to Sections 624.307 y 627.782, E.F. y Sec. 69O-186.013, F.A.C.

Title Insurance Agencies licensed at some time during Calendar Year 2018 are required filers. There are no exceptions - even if your agency closed during 2018.

Your submission is due to the Office no later than 11:59PM ET on Viernes, 31 de Mayo de 2019.

The Office has developed a new system called the Insurance Regulation Filing System (IRFS) to replace the Data Collection and Analysis Modules (DCAM) for reporting data submissions.
Here is the link: https://irfs.fldfs.com/

A How To guide is also available at: https://www.floir.com/siteDocuments/SubmittingTitleFilingsIRFS.pdf

Further instructions are available on our website at: https://www.floir.com/Office/Reporting.aspx#Title

If you have questions regarding this filing process, please email the Office at: TitleAgencyDataCall@floir.com or contact the Market Data Collections Unit at 850-413-3147. If phone lines are busy you are encouraged to send your questions by email. Your email may request that a representative from Market Data Collections call you (remember to provide your number). Calls will be returned in the order your email messages are received.

Send email to: TitleAgencyReporting@floir.com.

Emergency Adjusters - Your Responsibilities

In the aftermath of Hurricane Michael's landfall in October, 2018, investigators checking licenses in the heavily impacted areas identified Emergency Adjusters with expired licenses from prior hurricane seasons or no license at all.

Emergency Adjusters must be licensed and appointed by an insurer or an adjusting firm to legally adjust insurance claims in Florida. Adjusters attempting to enter restricted areas after a storm without proper license credentials will be turned away. Anyone found adjusting claims without a license could be subject to administrative action and/or criminal penalties.

Emergency adjuster licenses and appointments made last hurricane season are not valid for the 2019 hurricane season. Emergency adjuster licenses are temporary in nature and do not renew. If you plan to adjust claims in Florida during the 2019 hurricane season, you are responsible for making sure you are property licensed and appointed prior to adjusting claims.

Información sobre Cumplimientocompliance globe

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


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.us and 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