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.
Agent in Charge/Primary Adjuster Required for Branch Offices/Firms
Each branch of a multiple-location insurance agency or adjusting firm must be supervised full-time by a licensed agent or adjuster, according to Florida law. As stated in ss. 626.747(1), F.S., "Each branch place of business established by an agent or agency, firm, corporation, or association shall be in the active full-time charge of a licensed general lines agent or life or health agent who is appointed to represent one or more insurers. Any agent or agency, firm, corporation, or association which has established one or more branch places of business shall be required to have at least one licensed general lines agent who is appointed to represent one or more insurers at each location of the agency including its headquarters location."
The primary adjuster law, s. 626.8695, F.S., states that each person operating an adjusting firm and each location of a multiple location adjusting firm must designate a primary adjuster for each such firm or location. The statute also defines a primary adjuster as the licensed adjuster who is responsible for the hiring and supervision of all individuals within an adjusting firm location who deal with the public and who acts in the capacity of a public adjuster as defined in s. 626.854, or an independent adjuster as defined in s. 626.855. An adjuster may be designated as a primary adjuster for only one adjusting firm location.
Bail bond agencies, as well, must have a designated primary bail bond agent for each location at all times per s. 648.387, F.S. The primary bail bond agent is responsible for the overall operation and management of a bail bond agency location, whose responsibilities may include, without limitations, hiring and supervising of all individuals within the location, whether they deal with the public in the solicitation or negotiation of bail bond contracts or in the collection or accounting of moneys. A person may be designated as primary bail bond agent for only one location.
[See Sections 626.747, 626.854, 626.855, 626.8695, and 648.387, 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 on a notice in the bail bond agency and is acknowledged by the consumer.
[See Subsections 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.
[See Subsection 627.7295(5)(b), Florida Statutes]
All Licensees: Appointments and the Easy Way to Do Them Online
Appointments must be completed online (except bail bond agents). Depending on the type of license and appointment, the steps to complete the appointment may be different. Please view the appropriate category below for instructions:
- Customer
Representative: Customer representatives (4-40) and
limited customer representatives (4-42) must be appointed
through the MyProfile account of the supervising general lines agent
(2-20) OR the licensed/registered insurance agency
where the
customer representative works. To do this:
- Go to MyProfile and log in to the supervising general lines agent's or the agency's account.
- Select the "Access eAppoint" link under "Apply". If you have never used eAppoint, you must first register and will need to select "Register to become an appointing entity".
- Once in the eAppoint Workbench, select the required tab (New Appointment, Renew Appointment, or Terminate Appointment) and follow the instructions on the page. You will need to remit the appropriate appointment fee(s). Appointments must be renewed every 24 months during the birth month for the appointee.
- Self-Appointing
Surplus Lines Agent, Viatical Settlement Broker, Public or All-Lines Adjuster: Self-appointing surplus lines agents, viatical
settlement brokers, public or
all-lines adjusters must log in to their own MyProfile account and complete an appointment. To do this:
- Go to MyProfile and log in to your account.
- Select the "Access eAppoint" button under "Apply". If you have never used eAppoint, you must first register and will need to select "Register to become an appointing entity".
- Once in the eAppoint Workbench, select the required tab (New Appointment, Renew Appointment, or Terminate Appointment) and follow the instructions on the page. You will need to remit the appropriate appointment fee(s). Appointments must be renewed every 24 months during the birth month for the appointee.
- Adjusting Firm Appointing a Public or All-lines
Adjuster: Adjusting firms that are attempting to appoint a public
or all-lines adjuster must use eAppoint by logging
in with an email address and password. To do this:
- Go to eAppoint at https://iportal.fldfs.com/eappoint. If you are having a problem logging in, try clicking the "Retrieve lost password" link on the left side of the screen. If this does not resolve the issue, please contact our Licensing Help Line at (850) 413-3137.
- Once in the eAppoint Workbench, select the required tab (New Appointment, Renew Appointment, or Terminate Appointment) and follow the instructions on the page. You will need to remit the appropriate appointment fee(s). Appointments must be renewed every 24 months during the birth month for the appointee.
- Insurance Companies and All Other Entities:
Insurance companies and all other entities must use eAppoint and
will log
in using an email address and password. To do this:
- Go to eAppoint at https://iportal.fldfs.com/eappoint. If you are having a problem logging in, try clicking the "Retrieve lost password" link on the left side of the screen. If this does not resolve the issue, please contact our Licensing Help Line at (850) 413-3137.
- Once in the eAppoint Workbench, select the required tab (New Appointment, Renew Appointment, or Terminate Appointment) and follow the instructions on the page. You will need to remit the appropriate appointment fee(s). Appointments must be renewed every 24 months during the birth month of the appointee.