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Department Home | Agent and Agency Home | Insurance Insights Home

  Vol. 7 No. 1 January 2018

Compliance Corner


Bail Bond Agent Solicitation

We are aware some bail bond agents have misinterpreted the prohibition against unlawful solicitation. Florida Statutes s.648.44 states:

"A bail bond agent or temporary bail bond agent may not: Initiate in-person or telephone solicitation after 9:00 p.m. or before 8:00 a.m., in the case of domestic violence cases, at the residence of the detainee or the detainee’s family. Any solicitation not prohibited by this chapter must comply with the telephone solicitation requirements in ss. 501.059(2) and (4 ), 501.613, and 501.616(6)."

Please be aware that the State laws regarding telephone solicitation under the statutes cited above apply regardless of the type of charges filed against the detainee. Please contact BailBond@MyFloridaCFO.com if you have questions about the application of the laws.


Transition of the Public Adjuster Apprentice Program

As of January 1, 2018, the public adjuster apprentice license (T31-20) was eliminated. Any individual seeking to become an apprentice under a licensed public adjuster will need to be licensed as an all lines adjuster (6-20) and appointed as a public adjuster apprentice. Public adjuster apprentices will be required to be licensed and appointed for a minimum of six months before they are eligible to apply for a public adjuster license (3-20), a change from the previous requirement of a one year apprenticeship.

We recognize some individuals licensed under the previous laws were in the middle of their apprenticeship when the new laws took effect. To make this change go as smoothly as possible for all affected individuals and parties, the Department began a transitional process in December.

The final day to apply for the current public adjuster apprentice license was December 13, 2017. After that date, anyone wishing to become a public adjuster apprentice will need to apply for an all lines adjuster license and, file an original $50,000 bond with the Department and then obtain a public adjuster apprentice appointment (31-20). A public adjuster apprentice appointment may not be effectuated for the all lines adjuster license unless there is an active bond associated with the license; the appointment will be cancelled if the licensee fails to maintain an active bond for 30 days.

All public adjuster apprentice licenses were automatically converted to all lines adjuster licenses. At the time of this conversion, the apprentices’ appointments were also converted to the new public adjuster apprentice appointment type (31-20).

Individuals who hold an all lines adjuster license with a public adjuster apprentice appointment will be eligible to apply for a public adjuster license once they have been actively licensed and continuously appointed for at least the previous six months and meet all other requirements of s. 626.865, F.S. Individuals in the middle of their apprenticeship when the new laws took effect will be able to apply for their public adjuster license once they have been actively licensed and continuously appointed for at least the previous six months.

The new law also changed the number of apprentices who can be supervised by an individual adjuster or firm. Beginning January 1, 2018, an appointing public adjusting firm may not maintain more than four public adjuster apprentices, and a supervising public adjuster may not be responsible for more than one public adjuster apprentice. Each supervising public adjuster shall be accountable for the acts of the public adjuster apprentice which are related to transacting business as a public adjuster apprentice under s. 626.8651(2), F.S. If you are a supervising public adjuster or adjusting firm and you believe you have more than the allowed number of apprentices, please contact the Department at Adjusters@myfloridacfo.com so we can help you determine the best course of action. When contacting us, be sure to include the name and license number of all apprentices currently under supervision by you or maintained by your firm.

Please note:

The all lines adjuster license is perpetual with a valid appointment. Appointments of the all lines adjuster license must be renewed every two years for the license to remain valid. Licenses will cancel after 48 consecutive months without an appointment. A public adjuster apprentice appointment may also be renewed every two years, as there is no longer a limit on the time period to hold a public adjuster apprentice appointment type.


Title Agencies: 2018 Administrative Surcharge Was Due January 30, 2018

Florida Law requires any title insurance agency licensed in Florida on January 1 of each year to remit an administrative surcharge of $200 to the Florida Department of Financial Services (see subsection 624.501(27)(e)2, F.S.). Therefore, we are reminding all title agencies that the January 30th deadline for payment of the 2018 administrative surcharge has arrived.

Please log in to the MyProfile account for your title agency now and make sure the correct email address is on file with the Department. While doing so, we also recommend you do the same for your individual MyProfile account (e.g. title insurance agent, etc.).

Occasionally we discover agencies that were not aware of the reminder because of the retirement or termination of the employee assigned to monitor the email address provided to 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. Please verify your information soon so this does not happen to you. If you need our assistance, you may contact us at Title@MyFloridaCFO.com. We can assist you through the steps to update your information. Be proactive; do not procrastinate.

Failure to pay the surcharge on or before January 30, 2018 could result in administrative action which could include a fine and/or a suspension of the agency’s license, in addition to the original surcharge. Payment must be made securely online via the title agency's MyProfile account. Paper checks are not accepted.

Note: To make sure you receive email notices from us, add email addresses Title@dfs.state.fl.us and Title@MyFloridaCFO.com to your email account's "Safe Senders" or other list.


Change of address and notification to appointing insurers when changing agencies

Licensees who change agency employers should not only change their address information, but should also notify any insurers or others they are appointed by. We also recommend licensees change their MyProfile password when changing employers, especially if the former agency-employer had access to the account.


Are You Clued In?

The answers to this puzzle may be found throughout the newsletter. The complete answer key can be found on the Contact Us page.

Read More

Clues:

Across:

2. Whose 115-year commitment to Florida's foster children was applauded by CFO Patronis.

6. If an agency is operating under a ____________ it must be reported to the Department.

9. Title Administrative ___________ was due by January 30, 2018.

.Down:

1. _________ is due by June 1, 2018.

3. What can be found in digital copiers and fax machines that may store confidential information?4. Everyone is a __________.

5. Providing false information to obtain lower workers' comp premiums can leave employees _________.

7. Filing a claim with a new insurance company for damages denied by a prior company is a form of insurance ________.

8. Newest member of the Bureau of Fire and Arson Investigations Explosives Ordinance Disposal Unit.


Compliance Information

Department licensees and consumers can access compliance information at the Division of Insurance Agent and Agency Services' web page Compliance Information. Additional compliance globeinformation is available by type of license at our Frequently Asked Questions web page.

Note: Some information in archived articles may now be out of date or superseded by changes in Florida law. Please be sure you refer to the most current law.

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Make Sure You Don't Miss Important Information From Us

We highly recommend licensees routinely check their MyProfile accounts for messages from the Department. We send an email notification when a message has been sent to remind you to check your MyProfile 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 MyProfile 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