Compliance Corner - December 2024
Emergency Rule 69BER24-4 - Ethical Requirements for All Adjusters and Public Adjuster Apprentices
The Emergency Rule became effective October 9, 2024, and expires after 90 days if not formally adopted. The rule is currently going through the final adoption process and the revised rule will be published to the Florida Administrative Code website at this link when it is formally adopted. A link to the Emergency Rule was emailed to all affected licensees with a valid email address on record with the Department on October 9, 2024. A copy of the rule can be viewed at this link.
County Registration of Bail Bond Agents - "Odd Year" Requirement Due April 1, 2025
If you have not already done so, please be sure to provide a copy of your certified and renewed power of attorney to each county you plan to work in for the next two years. Do not submit copies of power of attorney documents to the Department.
This law also applies any time a bail bond agent or agency plans to conduct bail bond activities in a new county. If you have questions, please contact BailBond@MyFloridaCFO.com.
Title Agencies: Update Your Info for the 2025 Administrative Surcharge
Subsection 624.501(26)(e)2, F.S., requires any title insurance agency licensed in Florida on January 30 of each year to remit an administrative surcharge of $200 to the Florida Department of Financial Services.
All title insurance agencies licensed in Florida on or around January 1 will be sent a courtesy email reminder in early January. To ensure you receive follow-up emails, please log in to the MyProfile account for your title agency and make sure the correct email address is on file. We also recommend you do the same for your individual MyProfile account. Demographic changes made to an agency's profile do not populate the profiles of licensees associated with the agency.
Please verify/update your information to ensure you receive all correspondence from the Department. Failure to open the email sent by the Department containing the administrative surcharge reminder does not release an agency from the January 30 deadline. If you need assistance updating your information, please contact us at AgentLicensing@MyFloridaCFO.com.
Be proactive - do not procrastinate. Failure to pay the surcharge on or before January 30, 2025 may result in administrative action which could include a fine in addition to the original surcharge and/or suspension or revocation of the agency's license. Payment of the surcharge must be made securely online via the title agency's MyProfile account. Paper checks are not accepted.
More information can be found at the Title Administrative Surcharge page at this link.
Bail Bond - Administrative Rule Changes
Changes have been made to the administrative rules affecting the bail bond industry. You can view the adopted rules at the links provided below:
Rule Titles: Managing General Agents
https://www.flrules.org/gateway/View_Notice.asp?id=28999913
Rule No.: 69B-221.005
Rule Titles: Currently Revoked, Suspended or Denied License
https://www.flrules.org/gateway/View_Notice.asp?id=29000010
Rule No.: 69B-221.065
Rule Titles: Statistical Reporting Form (Repealed)
https://www.flrules.org/gateway/View_Notice.asp?id=29000107
Rule No.: 69B-221.070
Rule Titles: Build-up Funds; Reporting
https://www.flrules.org/gateway/View_Notice.asp?id=29000204
Rule No.: 69B-221.085
Rule Titles: Rate Filing; Approval; Proof (Repealed)
https://www.flrules.org/gateway/View_Notice.asp?id=29000301
Rule No.: 69B-221.100
Rule Titles: Terms and Conditions of Contract; Surrender Form
https://www.flrules.org/gateway/View_Notice.asp?id=29000398
Rule No.: 69B-221.105
Rule Titles: Premium Charge Only Permitted
https://www.flrules.org/gateway/View_Notice.asp?id=29000495
Rule No.: 69B-221.110
Rule Titles: Premium
https://www.flrules.org/gateway/View_Notice.asp?id=29000592
Rule No.: 69B-221.135
Rule Titles: Collateral Security Requirements
https://www.flrules.org/gateway/View_Notice.asp?id=29000689
Verify Before You Sell! Stay Informed - Stay Legal
Don't do it. Do not allow yourself to be recruited by a marketer touting cheaper health insurance or a guaranteed "can't lose" investment for your clients.
Many times, the sales materials will be impressive, and fabricated letters from regulators or others will give the appearance of legitimacy. Some of the warning signs of an unauthorized or bogus health plan will be the use of trade associations, unions, or affinity groups that a consumer must join to be eligible for coverage. Another warning sign is the use of the phrase "Multiple Employer Welfare Arrangement" (MEWA). While MEWAs can be legitimate, they must be licensed by the state, and not many are. The marketers may claim their plan is a federal plan or an Employee Retirement Income Security Act (ERISA) plan and exempt from state regulation, which is a definite red flag.
There is always someone who has a guaranteed, get-rich-quick investment seeking out insurance professionals with an established market of clients to whom they can sell these products. These bogus investments can range from communications equipment companies to real estate and land development opportunities, which almost always turn out to be unregistered securities. These investments have been so well packaged and pitched that some agents also purchased them, as did their family members.
Too often unsuspecting agents have allowed themselves and their clients to become victims by purchasing a less expensive health plan that never paid any claims, or an investment promising high returns that turned out to be a sham. The last time there was a peak in this type of activity, numerous consumers were financially devastated as they were left holding unpaid medical bills or worthless investments. As a result, agents lost their insurance licenses and were also subjected to criminal penalties and civil lawsuits.
As an insurance professional you are responsible for conducting the necessary due diligence to avoid putting your clients at risk. The excuses, "I thought it was legitimate" and "I was fooled and am also a victim," are not acceptable defenses. When verifying an insurance company’s license or determining if an investment is registered, make sure that you have the correct and complete name as some scams will use names similar to licensed companies and registered investments to create confusion. Don't do it; do not allow yourself to become another victim. Verify before you sell!
The Division of Insurance Agent & Agency Services recommends the following procedures agents may use when researching whether an insurance company is properly licensed to transact insurance in Florida. By offering these guidelines, we hope to provide a valuable service to all agents and another useful tool for protecting the public.
Agents will find that, in most cases, the simple procedures outlined below will easily identify those insurance companies presently authorized to conduct insurance business in Florida. An agent may use a print-screen function to capture a printout of the company as listed on the web site and keep in their file to show they found the authorized insurance company.
Make sure you have the complete and correct name of the insurance company. Many insurance company names are very similar. Go to https://companysearch.myfloridacfo.gov.
Enter the insurance company's name and click on the "Search" button.
Confirm that the insurance company as identified in step 1 is listed and authorized to conduct the line of business contemplated. Depending on the line of business, the following Authorization Types confer authority:
- Certificate of Authority
- Letter of Approval
- Letter of Eligibility
- Letter of Registration
- License
- Provisional Certificate of Authority
- Residual Market
Insurance companies shown with an Authorization Status as “Active” and Authorization Type as “Permit” have only begun the authorization process and are NOT authorized to conduct insurance business.
If the insurance company is not listed on the web site or the insurance company is shown with an Authorization Type not listed above, the agent should not place insurance business with that company. Also, just because an insurance company is authorized today does not mean it will necessarily remain authorized in the future. Always check.
This web site lists authorized insurers involved in insurance business in Florida. If they are not listed on the web site, agents should assume they are not authorized.
IMPORTANT: Agents who, directly or indirectly, aid or represent an unauthorized insurance company can be held accountable for unpaid claims, lose their agent licenses or face other disciplinary sanctions. Please see section 626.901, Florida Statutes, to read the laws. To alert us of possible unauthorized insurance or unregistered securities being sold please notify us at AskDFS@MyFloridaCFO.com.
The Office of Financial Regulation (OFR) oversees securities regulation. To check licensing/registration status you can call the OFR at (850) 487-9687 or use their online search tool.
View the list of unauthorized entities that have had action taken against them in the state of Florida.
Always go to https://companysearch.myfloridacfo.gov to search for insurance companies authorized to do business in Florida.