Volume 2, No. 3 - April 2011

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.

Fines for Agency License Expiration

Agency* licenses are good for three years and must be renewed. If your agency license expires because you have not filed an application for renewal and conducted business while the agency license was expired, you will be fined upon filing for reinstatement of the license. To renew the agency license, simply log in to MyProfile using the agency's login account information. Once logged in, select "Renewal" and proceed with the renewal process. There are no fees to renew an agency license.

*This does not apply to title insurance agencies, which must maintain an appointment with a title insurer to remain active.

Public Adjuster Apprentice Appointments

Public adjuster apprentices must be appointed by a licensed all lines public adjuster or a public adjusting firm that employs a licensed all lines public adjuster throughout their entire apprenticeship. The apprentice license is effective for no more than 18 months unless the license expires due to lack of maintaining an appointment; is surrendered by the licensee; is terminated, suspended, or revoked by the department; or is canceled by the department upon issuance of a public adjuster license. The department may not issue a public adjuster apprentice license to any individual who has held such a license within 2 years after expiration, surrender, termination, revocation, or cancellation of the license. If the apprentice doesn't apply for the public adjuster license prior to the expiration of the apprentice license, they will have to wait 2 years and apply for the apprentice license again. Upon becoming a public adjuster, the licensee will need to obtain an appointment prior to adjusting.
[See §626.8541 and §626.8651, Florida Statutes]

Licensees Offering Tax Prep Services

The Department of Financial Services does not regulate tax preparation businesses, however we would proceed with enforcement action if a licensee were using the tax preparation services as an inducement to purchase insurance. For example, if you will perform tax preparation services for a consumer for free if they purchase or renew insurance with you, then that would be a violation of the Florida Insurance Code.

Using Insurance Company Names in Life, Health, or Annuity Advertisements

When advertising for life, health or annuity products, if there is a reference in the advertisement to a specific policy feature, interest or bonus rate, premium amount, etc., the name of the insurer issuing the policy needs to be disclosed in the advertisement. Furthermore, that insurer needs to approve the advertisement prior to dissemination. Making any alterations to an advertisement that has already been approved by the insurer could cause it to no longer be compliant.

[See 69B-150.114, Florida Administrative Code]


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