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Compliance Corner - Summer 2023

Title Agencies: Data Filing 2023

The Florida Office of Insurance Regulation (Office) is conducting its annual Title Agencies Data Filing pursuant to sections 624.307 and 627.782, F.S. and Rule 69O-186.013, F.A.C. Title Insurance Agencies licensed at any time during Calendar Year 2022 are required filers. There are no exceptions - even if your agency closed during 2022. Your submission was due to the Office no later than 11:59 PM ET on Sunday, May 31, 2023.

The Office's reporting system is called the Insurance Regulation Filing System. Here is the link: https://irfs.fldfs.com/

Further instructions are available on OIR's website at: 

https://floir.com/tools-and-data/data-call-reporting

If you have questions regarding this filing process, please email the Office at TitleAgencyReporting@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.

County Registration of Bail Bond Agents - "Odd Year" Requirement Was Due April 1, 2023

Florida Statutes s. 648.42, F.S. states:

"A bail bond agent may not become a surety on an undertaking unless he or she has registered in the office of the sheriff and with the clerk of the circuit court in the county in which the bail bond agent resides. The bail bond agent may register in a like manner in any other county, and any bail bond agent shall file a certified copy of his or her appointment by power of attorney from each insurer which he or she represents as a bail bond agent with each of such officers. Registration and filing of a certified copy of renewed power of attorney shall be performed by April 1 of each odd-numbered year. The clerk of the circuit court and the sheriff shall not permit the registration of a bail bond agent unless such bail bond agent is currently licensed and appointed by the department. Nothing in this section shall prevent the registration of a temporary licensee at the jail for the purposes of enabling the licensee to perform the duties under such license as set forth in this chapter."

If you have 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.

 

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 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 whether 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 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 1-850-487-9687 or use their online search.

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.

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