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Volume 1, No. 5 - June 2010
 
Compliance Corner

We continue to see a pattern of noncompliance in the areas noted below. This section has been created to assist you in keeping your insurance business in compliance. The items are intended as reminders only and are not necessarily the exact text of the Florida Statutes or Florida Administrative Code. The legal cites have been provided for your further reference.


Independent and Public Adjuster Appointment

Independent and public adjusters, resident and non-resident, must be appointed in order to adjust claims in Florida. However, they may only be appointed by one adjuster (includes self-appointment) or adjusting firm at a time. Check your appointment through your MyProfile account. If you need an appointment, it has to be created through eAppoint. Click here for some FAQs on eAppoint to help.
[Section 626.876, Florida Statutes]

Assessing Credit Card Fees to Consumers
Agents may charge and collect the exact amount of the fee imposed by a credit card facility in connection with the use of a credit card in addition to the premium required by the insurer. The exception to this is with the issuance of bail bonds, where a bail bond agent may not charge any fee above or less than the approved premium rate. However, bail bond agents may charge the credit card fee imposed when the credit card is used to provide collateral on the bail bond written as long as the fee is clearly shown on the collateral receipt, is posted in the bail bond agency and is acknowledged by the consumer. [Sections 626.9541(1)(o)2 and 648.571(3)(b), Florida Statutes]

Charging Consumers for Motor Vehicle Reports (MVRs)
An agent/agency may charge a consumer the actual cost of the MVR for each licensed driver. However, you may not include subscription or access fees associated with obtaining the MVR in the cost to the consumer. [Section 627.7295(5)(b), Florida Statutes]