News & Updates

Florida Statutes

DFS Outlines Limits Services by Unlicensed Agency Personnel

DFS Outlines Limits Services by Unlicensed Agency Personnel

In most its recent Insurance Insights update, the Florida Department of Financial Services (DFS) reminded licensees that unlicensed personnel can perform only limited activities within an insurance agency. Rule Chapter 69B-222, Florida Administrative Code, outlines permitted and prohibited activities for unlicensed personnel.  The rules focus on ensuring that unlicensed individuals are involved in certain types […]

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Law Firms Seek Review of Insurance Public Records Determination

Law Firms Seek Review of Insurance Public Records Determination

Two law firms have asked the Florida Supreme Court to review a recent 1st DCA decision relating to the availability of certain public records maintained by the Florida Department of Financial Services.  The litigation initially arose over the firms’ access to contact information for consumers participating in state-operated neutral evaluation or mediation programs.  In the […]

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DFS Reminds Agencies that Inspection Referral Fees are Prohibited

DFS Reminds Agencies that Inspection Referral Fees are Prohibited

The Florida Department of Financial Services has issued a reminder to insurance agents and agencies that referral fees for inspectors are prohibited.  DFS points out that an insurance agent, customer representative, or agency employee is prohibited from directly or indirectly accepting any compensation, inducement, or reward from an inspector for the referral of the owner […]

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DFS Reminds Agencies of Name Requirements

DFS Reminds Agencies of Name Requirements

The Department of Financial Services (DFS) has issued a reminder to prospective insurance agency licensees to use caution when selecting their agency names.  DFS notes that by law, it may disapprove the use of any true or fictitious name, other than the bona fide name of an individual, if the name violates certain guidelines. Specifically, an agency name […]

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DFS Summarizes Agent in Charge Requirements

DFS Summarizes Agent in Charge Requirements

The beginning of a new year is a good time to revisit the “agent in charge” requirement applicable to agency locations.  The Department of Financial Services has helped facilitate this review with a recent summary of the agent in charge requirements and responsibilities. Designation of Agent in Charge–  Each person operating an insurance agency, and […]

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DFS Kicks Off New Year With Compliance Reminders

DFS Kicks Off New Year With Compliance Reminders

The Florida Department of Financial Services is reminding licensees about key compliance issues as we ring in 2016.  According to DFS, advertising issues are among the most commonly investigated.  The insurance code generally prohibits advertising that is untrue, deceptive, or misleading.  With respect to life and health advertising, DFS reminds licensees that advertising materials must […]

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Florida Supreme Court Affirms That 48-Hour Post-Event Public Adjuster Solicitation Ban Is Unconstitutional

Florida Supreme Court Affirms That 48-Hour Post-Event Public Adjuster Solicitation Ban Is Unconstitutional

Jeffrey H. Atwater v. Frederick W. Kortum, Case No. SC11-133 (Fla. 2012).  On July 5, 2012, the Supreme Court of Florida affirmed a decision by the Florida First District Court of Appeal that the statutory ban on public adjusters initiating contact with a claimant within 48 hours of an event that may be the subject […]

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