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Insurance Agency Licensing & Registration Overview

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Insurance Agency Licensing & Registration Overview

IMPORTANT INFORMATION REGARDING THE INSURANCE AGENCY LICENSING LAW IN FLORIDA

A law was passed in 2005 that requires all insurance agencies to be licensed or registered in order to conduct business in this state. This is an overview of the major points of the law.

Agency Licensure and Registration

• There are no application fees for an agency licensure or registration. However, fingerprints may be required for some individuals and require a processing fee.

• Any business location that an individual uses to perform a function that requires an agent license must be licensed or registered as an insurance agency. If you are an agent with a place of business in connection with your residence and have complied with Florida Statute 626.749, you are required to obtain an agency license for that location.

• An agency’s failure to apply for licensure or registration before conducting insurance business within the State of Florida may result in a fine of up to $10,000.

• Agencies are eligible for Registration if they were in business prior to January 1, 2003 AND are one of the following:

• An agency entirely owned by licensed and appointed insurance agents

• An agency publicly traded on a stock exchange

• An agency whose primary function is offering insurance as a service or benefit to members of a nonprofit organization

• An agency subject to supervision and inspection as a branch office under the rules of the NASD

• All other agencies who do not qualify for registration MUST apply for licensure.

• All agency locations must be licensed or registered with the department. You may not obtain one license or registration in order to cover multiple agency locations.

• EVERY LOCATION MUST HAVE A LICENSED AND APPOINTED AGENT IN FULL-TIME CHARGE OF THAT AGENCY. An agent may be the agent-in-charge of multiple locations at the same time. The application will require you to identify the agent–in-charge of each location. The agent-in-charge does not have to be present for the agency to transact insurance, however, only licensed and appointed agents may transact insurance.

• Registrations may not be recognized by other states for reciprocity. Licenses are recognized by other states for reciprocity. An agency eligible for registration may elect to file an application for licensure if it chooses.

• Agency licenses must be renewed every 3 years. There is no charge for renewals. Registrations do not have to be renewed.

• Agencies must apply for licensure or registration online at www.myfloridacfo.com/agents and logging in to My Profile. Renewals, agent-in-charge changes, address updates, requests for letters of certification, and other functions are also performed at My Profile.

• Agencies are not appointed by insurance companies, and do not appoint the agents who operate within those agencies. Agencies are only authorized to appoint customer representatives and limited customer representatives (who may also be appointed directly by general lines agents).

Fingerprint Requirements

• “The president, senior vice presidents, treasurer, secretary, and directors of the agency” and “any other person who directs or participates in the management or control of the agency, whether through the ownership of voting securities, by contract, or otherwise” are required to be fingerprinted unless they meet one of the following exemptions, per Florida Statute 626.172:

• An agency that qualifies for registration

• An agency that is publicly traded on a stock exchange

• An individual that is licensed and appointed as a Florida insurance agent

• An individual that has been fingerprinted with the Agent & Agency Licensing Division in the past 36 months

• Any individual of an insurance agency who does not meet one of these exemptions must be fingerprinted, even if he or she is added to the agency after licensure is obtained. The department will notify the agency of all the individuals that will be required to be fingerprinted.

• All resident individuals are required to do fingerprinting at the designated livescan locations. Directions for fingerprinting at livescan locations are available here at the Electronic Fingerprinting link.

• All nonresident individuals are required to submit fingerprint cards to the department. The department will supply fingerprint cards with instructions to the agency.

• Failure to comply with the fingerprinting requirements will prevent the agency from obtaining a license and will be referred to the Bureau of Investigation for disciplinary action.

Tracking/Enforcement

• An agency that qualifies for registration by being owned entirely by insurance agents must ensure that those owners maintain a license and at least one appointment at all times. If an owner loses all licenses or appointments, then that agency will lose its qualification for agency registration and will have to apply for an agency license.

• If an agent-in-charge loses his/her license or all appointments, that agency must either correct his/her license status OR notify the department of the new agent-in-charge within 30 days.

Insurance Agency Licensing & Registration FAQ

1. Question: Where is the application for agency registrations and agency licensures found?

Answer: The online applications can be found using My Profile on the department’s website at www.myfloridacfo.com/agents.

2. Question: What is the cost of an agency registration or licensure?

Answer: There are no application fees for an agency licensure or registration. However, fingerprints may be required for some individuals and require a processing fee.

3. Question: What is the difference between agency registration and agency licensure?

Answer: Registration - A registration is offered to agencies that were in business prior to January 1, 2003, and which qualify as one of the following:

• An agency wholly owned by licensed Florida insurance agents and currently appointed
• An incorporated agency whose voting shares is traded on a securities exchange
• An agency whose primary function is offering insurance as a service or member benefit to members of a nonprofit organization

• An agency subject to supervision and inspection as a branch office under the rules of the NASD

A registration is perpetual (not renewed). A registered agency is not subject to compulsory or discretionary refusal, suspension, or revocation as described in Florida Statutes 626.6115 and 626.6215. However, if any of the principals of the registered agency are found to have violated any part of the insurance code, the agency must obtain an agency license.

Licensure - A license is required for agencies that were in business on or after January 1, 2003, or the agencies that were in business prior to January 1, 2003, and do not meet the criteria listed above for registration. A licensed agency is subject to compulsory or discretionary refusal, suspension, or revocation as described in Florida Statutes 626.6115 and 626.6215. An agency license must be renewed three years from the original issue date. There is no application fee associated with the issuance or renewal of the agency license.

4. Question: If an agency fails to apply for registration or licensure, can the department take action against the agency?

Answer: Yes. If an agency qualifies for registration and fails to file an application, the department may impose an administrative penalty on the agency in an amount of up to $5,000.00. If an agency does not qualify for registration and fails to file an application for licensure, the department may impose an administrative penalty on the agency in an amount of up to $10,000.00.

5. Question: If an agency registers and then decides it would be more beneficial to be licensed, how would the agency make this change?

Answer: The agency can submit an online application to the department at our homepage at http://www.myfloridacfo.com/agents, using My Profile. The registration will be canceled once the license is approved.

6. Question: If an agency qualifies for registration but chooses to apply for licensure, can it later file for registration?

Answer: No. Once an agency has obtained a license, it can not be registered.

7. Question: When applications are submitted for licensure, are there exemptions for filing fingerprints?

Answer: Yes. The exemptions are as follows:

• The individual has been fingerprinted with this Division in the past 36 months.
• The individual is currently licensed and appointed as a Florida insurance agent.
• The directors or officers of a corporation whose voting shares are traded on a securities exchange.

8. Question: Does a corporate insurance agency have to submit fingerprints for every corporate officer even if the officer has nothing to do with the corporation’s insurance operations?

Answer: No. The application limits the number of people who must submit fingerprints to the president, secretary, treasurer and any officer or other person who directs or participates, directly or indirectly, in the control or management of the agency.

9. Question: What are the duties and responsibilities of the agent-in-charge?

Answer: An agent-in-charge does not have any statutory duties or responsibilities. “Agent-in-charge” is not defined in the Florida Insurance Code and the Code does not contain any statutes that are specifically applicable to the agent-in-charge as opposed to any other licensed agent.

10. Question: Will the applicant know immediately if the application is approved?

Answer: No. When an application is filed through the application system, the applicant will not be immediately advised of approval or disapproval of the agency registration or licensure. However, the applicant will be advised by the application system that the application filing was successful.

11. Question: Do agencies require appointments?

Answer: No. Insurance agencies are not appointed. However, individuals who transact insurance business within the agency must be licensed and appointed.

12. Question: Are adjusting firms now required to obtain a license?

Answer: No. Only an adjusting firm that has been directed to obtain licensure through a disciplinary action by the Department is required to be licensed.

13. Question: Does each branch of an insurance agency, bank or securities firm that engages in the transaction of insurance have to be licensed or registered?

Answer: Yes. Florida Statute 626.112(7)(a) provides, in pertinent part, that “no individual, firm, partnership, corporation, association, or any other entity shall act … as an insurance agency, unless it complies with Florida Statute 626.172 with respect to possessing an insurance agency license for each place of business at which it engages in any activity which may be performed only by a licensed insurance agent. “Insurance agency is defined, in pertinent part, in Florida Statute 626.015(8) as: “Insurance agency” means “a business location at which an individual, firm, partnership, corporation, association, or other entity … engages in any activity or employs individuals to engage in any activity, which by law may be performed only by a licensed insurance agent.”

14. Question: If a life or health insurance agent “works” out of his/her home, is the agent’s home an insurance agency that must be licensed?

Answer: It depends. If the agent does not hold the home out as being a business location at which consumers can purchase or inquire about insurance products and all insurance transactions by the agent occur at other locations where the agent arranges to meet customers, no. However, if the agent does hold the home out as being a business location at which consumers can purchase or inquire about insurance products and all insurance transactions by the agent occur at this location, yes and must comply with Florida Statute 626.749.

15. Question: How will the department determine whether the agent is holding out his home as a place that is engaged in the insurance business or not?

Answer: The department will consider factors such as whether the agent advertises his services in newspapers, phone books or in other ways and includes his home address in the ad; whether there is a sign on the house indicating that there is an insurance agent or agency there; and whether the agent meets clients in the home as a practice.

16. Question: Does a marketing service have to be licensed or registered as an insurance agency if it receives “override commissions” from an insurance company in exchange for recruiting insurance agents to write insurance through the insurance company?

Answer: No. Recruitment of agents for insurance companies is not an activity that may be performed only by insurance agents. The fact that the insurance company pays a so-called “override commission” to the marketing service does not mean that the service is acting as an insurance agency. Therefore, the office of a marketing service is not an insurance agency.

17. Question: May agencies that are wholly owned subsidiary corporations of a publicly traded company listed on a securities exchange be treated the same as the parent and apply for registration rather than licensing?

Answer: No. Florida Statute 626.112(7)(a) provides that “each incorporated agency whose voting shares are traded on a securities exchange ... may file an application for registration in lieu of licensure.” It is the agency itself, which must have shares, traded on a securities exchange. An agency that is a wholly owned subsidiary of another company that is traded on a securities exchange can not register by virtue of its status as a subsidiary.

18. Question: How can a company that is publicly traded on the securities exchange that owns many, perhaps hundreds of agencies, comply with the application requirement for submitting information with regard to every judgment against all of these entities?

Answer: A company that owns many subsidiary companies that are required to be licensed or registered may submit written copies of documents summarizing Legal Proceedings that the company submits to other regulatory authorities such as the appropriate pages from a Securities and Exchange Commission Form 10K filing. Current application should be supplemented by the annual 10K filing and quarterly 10Q filings. Only the pages containing the summary of Legal Proceedings should be filed with the Department.

19. Question: The owners of the agency are both licensed and appointed and have owned an agency since January 1993. However, one owner is selling his share of the business to an unlicensed person. Since the agency has already received the registration, can the agency retain this registration?

Answer: No. The law is specific that the registered agency must remain wholly owned by licensed and appointed agents. Therefore, the registered agency must apply for an agency license. (This does not apply to publicly traded companies.)

20. Question: What is the timeline required to obtain the agency license once the agency loses its qualification for registration?

Answer: The agency must apply for a license within 30 days.

21. Question: An agency is registered and wholly owned by licensed and appointed agents. One of these owners loses all of his/her licenses or appointments. May the agency retain the registration?

Answer: While the statute requires both licensure and appointment for registration, we will handle the loss of licenses or appointments by an owner/agent on a case-by-case basis. If the appointments are lost through oversight of companies, the inadvertent error procedure will apply. In all cases the owner/agent will be provided an opportunity to explain the circumstances surrounding the loss of appointments.

22. Question: What is the department’s procedure if an agency’s application for registration is not approved?

Answer: The department will advise the agency that the application for registration was not approved. The agency will have 30 days from receipt of the notification to submit an application for licensure.

23. Question: Since the primary agent law has been repealed, is it necessary for an agency to have a designated licensed and appointed agent-in-charge of each location?

Answer: Yes. Florida Statute 626.747 states each agency must have a licensed and appointed agent in full-time charge of each location. It is no longer required for the agency to file the primary agent form with the department.

24. Question: May a licensed Florida agent be the agent-in-charge at more than one agency location?

Answer: Yes.

25. Question: If a branch location does not hold its self out as being a location where insurance is being transacted but only to serve as a place for the agent (from a licensed or registered location) to meet with consumers with whom the agent has made a prior appointment, does the branch have to be licensed or registered?

Answer: If the location is not a business, or is a business that engages in commerce other than the business of insurance (such as a restaurant) and does not hold itself out as being a place where a consumer can go to purchase insurance but may serve as a place for an agent to meet with consumers with whom the agent has made a prior appointment, the location is not an insurance agency and would not be required to have an agency license or registration.

If the location is a branch office of a business that is required to be licensed or registered but for whatever reason the branch office is not licensed or registered, the branch office can not advertise or contain signage or other indicia of being a business that engages in activity as an insurance agency. In addition, an agent from the licensed or registered agency could not have an office in the unlicensed location or be available to solicit or otherwise transact insurance at the unlicensed location with anyone other than an individual with a prior appointment with the agent. The agent can not transact any other insurance at the location that is unrelated to the customer with the prior appointment.

26. Question: What if each branch place of business is only open to the public on certain days or at certain times of the day when the agent-in-charge is physically at the office? Could one agent-in-charge be in charge of each location under these circumstances?

Answer: Yes. Each location would need an agency license or registration.

27. Question: What if each location of a business is open for other activity during normal business hours (9:00 to 5:00, Monday through Friday) such as banking or securities dealing? If it is clear that insurance transactions will only be available at each location during certain designated hours of the day, may one agent be the agent-in-charge of each location?

Answer: Yes. However, insurance can only be transacted by a licensed and appointed agent and each location would need an agency license or registration.

28. Question: If the agent-in-charge changes, must the department be notified of the change?

Answer: Yes. The department must be notified of the change within thirty 30-days. Adding and removing an agent-in-charge can be done by going to www.myfloridacfo.com/agents and logging in to the agency’s profile, under My Profile. Click here to log in.

29. Question: May one agent be the agent-in-charge of multiple agencies operating in the same location?

Answer: Yes. For example, an entity may for tax or accounting reasons incorporate separate agencies for different lines of insurance but have one agent in one location handling the business. Each corporation would obtain an agency license and the agent would be agent-in-charge of each.

30. Question: If an agent-in-charge resigns his position, can the agency operate without an agent-in-charge?

Answer: No. An agent-in-charge will need to be assigned to agency within 30 days. If an agent-in-charge is not assigned, the agency can not perform duties where a licensed insurance agent would be required.

31. Question: Will the agency appoint the agents working for that agency?

Answer: An agency may not appoint its agents. Agents must be appointed by an insurer or Insurers. However, customer representatives (4-40) and limited customer representatives (4-42) can be appointed through the agency, rather than a general lines agent (2-20), as long as there is a general lines agent in the office full time.

32. Question: Will agencies be issued lines of authority such as “Life?”

Answer: No. Agencies will not be issued lines of authority. However, agencies may transact business only for the lines of authority for which their agents are licensed and appointed.

33. Question: What criteria will be used to disapprove the name of an agency?

Answer: An agency name will be disapproved if it appears that use of the proposed name may mislead or cause harm to the public in any way. Some reasons that will be used to disapprove a name will be terms in a name such as: senior citizen, insurance company, motor club, hospital service plan, state or federal agency, charitable organization, or a name indicating an entity that provides advice and counsel rather than solicits and sells insurance.

34. Question: If the agency has a name that does not meet the department’s criteria for approval, but the agency has had the name for many years, will the department approve the name?

Answer: The department will evaluate the severity of name infraction and make a determination regarding the approval of the name. If the name is disapproved, the agency will be contacted and provided an opportunity to change the name.

35. Question: If an agency violates any part of the insurance code and the violation results in administrative action by the department, will the department take action against all of that agency’s locations?

Answer: No. The administrative action will be taken only against the location where the violation occurred.

36. Question: Does an insurance company that has a Certificate of Authority in Florida have to get registered or licensed as an insurance agency if they have employee agents at their headquarters?

Answer: No. The definition of insurance agency in Florida Statute 626.015(8) excludes insurers.

37. Question: If an insurance company owns or operates branch locations where employees of the insurer work as insurance agents to sell and service the company’s policies, do these locations have to be licensed or registered?

Answer: It depends. If the branch location only houses employee agents who are transacting insurance with the general public, it is an insurance agency that must be licensed or registered. If it is an insurance company branch that houses employee agents as well as non-agent employees who handle traditional insurance company operations such as underwriting, adjusting, claims payment, actuarial services, policy form and rate filings, asset management, etc, it would fall within the exception of insurers from the definition of insurance agency and would not be required to obtain an agency license or registration.

38. Question: Will a carrier be required to have a copy of the agency’s license or registration on file in order to pay them commissions?

Answer: No, however, carriers are reminded that they must continue to comply with long-standing provisions of the Florida Insurance Code regarding the payment and sharing of commissions. Those provisions can be found at Florida Statutes 626.753, 626.794 and 626.838.

39. Question: Can an agent receive commissions from or share with an unlicensed or unregistered agency?

Answer: Yes. The law does not prohibit agents from receiving commissions from or sharing commissions with an agency they work for that has not obtained a license or registration.

40. Question: In general, does the insurer have the responsibility to insure that the agencies they do business with in Florida have a valid agency license or registration?

Answer: No. Compliance with the insurance agency licensure law currently rests with individuals, firms, partnerships, corporations, associations or other entities engaging in insurance agency activities.

41. Question: Does an insurance agency that is licensed and located in another state have to be licensed or registered as an agency in Florida if it transacts insurance in Florida?

Answer: Yes.

42. Question: If an agency has locations in more than one state, could the agency hold both a resident and nonresident agency license?

Answer: Yes. Since each agency location is being licensed, the resident or nonresident license will be determined by the specific location. Therefore, an agency could hold both a resident license if it has a physical location in Florida, and a nonresident license for an out of state location that is conducting business with Florida consumers in this state.

43. Question: If a nonresident Florida agent spends winter months in Florida, will the agent have to obtain an agency license in Florida if the agent sells any insurance while living in Florida?

Answer: It depends. If an agent rents office space and advertises that it is an agency, yes. The agent would have to have a resident insurance agency license for that location. If people in the nonresident agent's condominium and community know that he or she is an agent and seek assistance, the agent would not have to have a license or registration. There are many variations of how an agent may actually engage in business as an insurance agent while in Florida and these will have to be handled on a case-by-case basis. Contact the department’s Help Line at 850-413-3137 for further assistance.

44. Question: If a nonresident agent lives temporarily in Florida, can the agent be the agent-in-charge of the Florida agency and the agent-in-charge of the nonresident agency also?

Answer: Yes.

45. Question: If a funeral director or direct disposer, or an employee of a funeral establishment that holds a certificate of authority under Florida Statute 497.058 is licensed to sell life insurance policies covering the expense of funeral services and products, does the funeral establishment have to be licensed or registered as an insurance agency?

Answer: Yes. Every location where an insurance agent engages in the business of insurance is an insurance agency and every insurance agency is required under Florida Statute 626.112 (7) (a), to obtain an insurance agency license or registration. There is no exemption for agents that work at funeral establishments or for agents that work for any other business that primarily engages in business transactions unrelated to insurance such as banks and securities broker-deals.

However, per Florida Statute 626.785(1)(d), a life insurance agent that is not affiliated with a funeral establishment may obtain a preneed license with the Bureau of Funeral and Cemetery and may contract with a funeral establishment to sell a preneed contract, “…limited policies of insurance covering the expense of final disposition or burial of an insured in the amount of $12,500...” Therefore, per Florida Statute 626.112(7)(a), the life insurance agent would be required to obtain an insurance agency license or registration, there are no exemptions for agents that contract with funeral establishments.

46. Question: Can an agent pay a fee to an unlicensed person for referrals of potential clients?

Answer: Yes. As long as it complies with Florida Statute 626.112(8) which states “No insurance agent, insurance agency, or other person licensed under the Insurance Code may pay any fee or other consideration to an unlicensed person other than an insurance agency for the referral of prospective purchasers to an insurance agent which is in any way dependent upon whether the referral results in the purchase of an insurance product.”

To summarize, it is OK to pay an unlicensed person for every referral. If you only pay that unlicensed person for referrals that result in the sale of an insurance product, it violates the law.

47. Question: If a credit card company charges a 2% fee for payments of policies/premiums, can the agency charge the consumer that fee for reimbursement?

Answer: Yes, but only to the extent of the fee that the credit card company charges to the agency.

48. Question: Can an agent/agency charge a fee in addition to commission for servicing accounts.

Answer: In specific circumstances, yes. Florida Statute 627.7295(5) permits an agent to charge a $10 per policy fee for PIP/PD policies only. The statute reads “A licensed general lines agent may charge a per-policy fee not to exceed $10 to cover the administrative costs of the agent associated with selling the motor vehicle insurance policy if the policy covers only personal injury protection coverage as provided by s. 627.736 and property damage liability coverage as provided by s. 627.7275 and if no other insurance is sold or issued in conjunction with or collateral to the policy. The fee is not considered part of the premium.”

Florida Statute 626.593 applies to group health insurance coverage and states as follows: “No person licensed as an insurance agent may receive any fee or commission or any other thing of value in addition to the rates filed pursuant to chapter 627 for examining any group health insurance or any group health benefit plan for the purpose of giving or offering advice, counsel, recommendation, or information in respect to terms, conditions, benefits, coverage, or premium of any such policy or contract unless such compensation is based upon a written contract signed by the party to be charged and specifying or clearly defining the amount or extent of such compensation and informing the party to be charged that any commission received from an insurer will be rebated to the party in accordance with subsection (3). In addition, all compensation to be paid to the insurance agent must be disclosed in the contract.” Any other charge would be considered illegal dealings in premiums and would be a violation of Florida Statute 626.9541(1)(o) and 627.403.

A consulting fee CAN NOT be charged where the fee is part of the consideration for insurance coverage, as that fee would be considered additional premium. HOWEVER, a consulting fee can be charged for services not related to placing the coverage if there is a SEPARATE consulting contract between the agent and the insured. If a consulting fee is charged, the insured must fully understand that he is entering into a separate contract and paying a separate consideration in advance of the performance or consulting service. The services rendered must be other than those normally provided by an insurance agent in connection with the solicitation or effectuation of the insurance coverage.

49. Question: How long do I have to maintain records?

Answer: Florida Statute 626.561(2) states “The licensee shall keep and make available to the department or office books, accounts, and records as will enable the department or office to determine whether such licensee is complying with the provisions of this code. Every licensee shall preserve books, accounts, and records pertaining to a premium payment for at least 3 years after payment; provided, however, the preservation of records by computer or photographic reproductions or records in photographic form shall constitute compliance with this requirement. All other records shall be maintained in accordance with Florida Statute 626.748 which states: “Every agent transacting any insurance policy must maintain in his or her office, or have readily accessible by electronic or photographic means, such records of policies transacted by him or her as to enable the policyholders and department to obtain all necessary information, including daily reports, applications, change endorsements, or documents signed or initialed by the insured concerning such policies.” The 3-year requirement shall not apply to insurance binders when no policy is ultimately issued and no premium is collected.”

Viatical settlement brokers must maintain records in accordance with Florida Statute 626.9922(2), which states “All accounts, books and records, documents, files, contracts, and other information relating to all transactions of viatical settlement contracts, life expectancies, or viatical settlement purchase agreements made before July 1, 2005, must be maintained by the licensee for a period of at least 3 years after the death of the insured and must be available to the office or department for inspection during reasonable business hours.”

Warranty Business FAQ

1. Question: What are the requirements for a warranty business?

Answer: Click here and choose your type of warranty business to see the requirements.

2. Question: How do I license branch locations for a warranty business?

Answer: To apply, you will need to go to www.myfloridacfo.com/agents, then My Profile and click on Branch. The parent company must have the license before a branch can apply.

3. Question: Do warranty businesses require fingerprints?

Answer: No.

4. Question: How do I get an appointment for the warranty business?

Answer: You must contact the insurer that you will be writing warranties through. The insurer will appoint you.

5. Question: Are the employees of a business and the business itself required to have a license to write/sell warranties?

Answer: No. If a business holds a warranty license, employees of that business are not required to obtain an individual warranty license.

Title Agency FAQ

1. Question: What are the requirements to be licensed as a title agency?

Answer: Resident agencies, click here. Nonresident agencies, click here.

2. Question: Will a background check be performed?

Answer: Yes. The department will propound reasonable interrogatories in addition to those contained in the application to protect the public and ascertain the applicant’s qualifications, in addition to the examination required to be taken before a license is issued. The background check must include submission of the applicant’s fingerprints to the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI) to review any local, state or federal criminal records of the applicant. [Florida Statutes § 626.201]
In addition, insurers appointing a title agency for the first time will secure on the officers of the agency a detailed credit and character report for the 5-year period immediately prior to the date of application for appointment. Information contained in credit and character reports furnished to the department are confidential and exempt from the public disclosure requirements. [Florida Statutes § 626.842]

3. Question: Where can I find the title agency bond form?

Answer: Click here for the forms page.

4. Question: What are the requirements for an agent-in-charge?

Answer: The agent-in-charge for a title agency must be a licensed and appointed title agent or an attorney in good standing with the Florida Bar.

5. Question: How do I license a branch location for a title agency?

Answer: Title agencies do not require branch licenses. The license of the main office may be used for each branch location, which means that a violation discovered at one branch could affect all the locations.
In addition, each branch location that does title insurance work must designate an agent-in-charge and notify the department of the identity of the person designated.
Offices that perform closings only do not need to be licensed and do not need a licensed agent at that location.

6. Question: What fees may I charge on the settlement statement form?

Answer: The only amounts that may be charged by a title agency for issuing the title insurance and completing the closing are:

• Closing Services - "Closing services" means services performed by a licensed title insurer, title insurance agent or agency, or attorney agent in the agent's or agency's capacity as such, including, but not limited to, preparing documents necessary to close the transaction, conducting the closing, or handling the disbursing of funds related to the closing in a real estate closing transaction in which a title insurance commitment or policy is to be issued.

• Title Search - "Title search" means the compiling of title information from official or public records.

• Premium - "Premium" means the charge, as specified by rule of the commission that is made by a title insurer for a title insurance policy including the charge for performance of primary title services by a title insurer or title insurance agent or agency.

No other charges are authorized by the Florida Statutes to be charged by a title insurance agent or agency for these services.

7. Question: Can I use an outside notary to assist with performing closings for my title agency?

Answer: Yes. However, this would be an expense of the title agency and not an expense of the closing file. The cost for this service should be calculated in the closing services fee recorded on line 1100 of the settlement statement form. The notary service is conducting the closing which is clearly defined in Florida Statute 627.7711(1)(a) as being part of the closing services.

By hiring an outside vendor to assist your title agency, you are assuming the responsibility for that vendor as if they were your employee. The title agency will still be held responsible for the closing transaction performed by the outside vendor.

8. Question: Are there any fees I must pay each year for my title agency?

Answer: Each licensed title insurance agency must pay $200 as an administrative surcharge by the end of January in the current year. Failure to pay this amount can result in administrative action and/or a fine being assessed against the license of the title agency.

9. Question: Where do I send surcharge payments?

Answer: Surcharge payments must be accompanied by the invoice in order for the funds to be properly credited to the title agency’s record.

Payments may be mailed to:

Florida Department of Financial Services
Revenue Processing Section
P. O. Box 6000
Tallahassee, FL 32314-6000

The address for overnight payments and federal express is:

Florida Department of Financial Services
Revenue Processing Section
200 E. Gaines Street
Tallahassee, FL 32399

10. Question: What if I forget to pay the surcharge?

Answer: Fines for failing to pay the surcharge start at $300 for the first occurrence and increase the more times the agency fails to make the payment by the January 30 deadline. Agencies that fail to pay the surcharge may have their license and appointments suspended until the surcharge and fines are paid.

11. Question: How do I close my title agency?

Answer: To close your title agency, you must first contact all title insurers of your title agency is appointed to represent. Advise them of your decision and ask them for guidance on the proper handling of the records for the policies issued for their company. The Florida Statutes require the title agent or insurer to maintain records pertinent to the issuance of the title policies. If your title agency will be closed, the insurer may need to make arrangements for maintaining your files.

The title agency escrow account needs to remain open until all outstanding checks have cleared. Checks outstanding for more than 5 years can be turned over to the Bureau of Unclaimed Funds. Please visit the Bureau’s website for more information: http://www.fltreasurehunt.org/

The surety bond for the title agency is required to be maintained for a period of one year after the agency loses its last appointment to represent a title insurer, per Florida Statute 626.8418(2).

Once you have made the arrangements noted above, send a letter on your title agency letterhead to the Department of Financial Services, along with your license. The letter must indicate you want the title agency’s license terminated and must include the last day business was conducted by the title agency.

The letter of termination can be mailed to:

Florida Department of Financial Services
Bureau of Licensing
200 East Gaines Street
Tallahassee, FL 32399

12. Question: What if I have other questions that are not addressed here?

Answer: You can send your specific question or concern via email at Title@MyFloridaCFO.com; you can also mail or fax your request to:

Mail to: Fax to: (850) 488-5951

Department of Financial Services
Bureau of Investigation
Title Section
200 East Gaines Street
Tallahassee, FL 32399

Exam Only FAQ

1. Question: What is exam only application?

Answer: An exam only application is a way for individuals to attempt to pass a state examination without receiving the state’s approval for that license. Once an individual passes an examination, they can apply for the license, requesting the state’s approval.

2. Question: If I pass an examination using the exam only application, how long do I have to apply to request the state’s approval for that license?

Answer: You have one year from the passing date to apply for that license. After one year, the examination becomes void and you will need to retest if you still wish to obtain that license.

3. Question: If I submitted an exam only application in error, can I reapply for the license?

Answer: No. You must take the examination or cancel it with Pearson VUE before you can apply for the license.

4. Question: If I submitted an exam only application but chose the wrong examination. Can I get a refund?

Answer: No. Per Florida Statute 626.171(5), all fees are nonrefundable.

5. Question: What if I fail the examination or miss my appointment to take it?

Answer: Three (3) days after you do either, you may apply for a reexamination. You will be charged $56 every time this is done.

6. Question: I've been approved for an examination but now I have a designation. What do I need to do?

Answer: You will need to send the designation to the department. If your authorization for examination has not expired, you will need to call the department to get the application corrected for approval. If the authorization for examination has expired, you will need to reapply for the license.

7. Question: Do I have to take an examination if I want to switch from one adjuster license to another?

Answer: Possibly. If you have a valid company or independent adjuster license with Florida, you qualify for an equal or lesser company or independent adjuster license without examination. However, resident public adjuster licenses do require you to take the adjuster examination per Florida Statue 626.221. Nonresident public adjusters may be exempt from the examination, click here to view the adjuster reciprocal list.

8. Question: If I applied originally by exam only and pass, what do I do next?

Answer: You must apply for a license. Go to www.myfloridacfo.com/agents and log in to My Profile and choose either New Agent License or New Adjuster License. If you are approved by the state, Pearson VUE will mail you your license id card.

eAppoint FAQ

1. Question: What is eAppoint?

Answer: eAppoint is an electronic appointment system for submitting original appointments, appointment terminations and the renewal of appointments. eAppoint can be found by going to https://iportal.fldfs.com/eappoint/ or by clicking here.

2. Question: How do I register to become an appointing entity on eAppoint if I am a general lines agent (2-20) wishing to appoint customer representatives (4-40) or limited customer representatives (4-42)?

Answer: Click here for detailed instructions.

3. Question: How do I register to become an appointing entity on eAppoint if I am an independent adjuster (5-20, 5-44, 5-40, 5-24, 5-21, 75-20, 75-44, 75-40, 75-24, 75-21) , public adjuster (3-20, 3-44, 3-40, 3-24, 3-21, 73-20, 73-44, 73-40, 73-24, 73-21), or surplus lines agent (1-20, 91-20) who wishes to appoint myself?

Answer: Click here for detailed instructions.

4. Question: How do I activate my account?

Answer: Click here for detailed instructions. If you have not received your email confirmation after 48 hours, please contact the department at (850) 413-3137.

5. Question: How do I submit an original appointment, terminate an appointment, or renew an appointment?

Answer: Click here for detailed instructions.

6. Question: Are appointment fees paid online?

Answer: Yes. Online payments must be made by Visa, Master Card, American Express, and Discover or by eCheck.

7. Question: Can we mail a check for payment?

Answer: No. eCheck is available online and works similar to paper checks.

8. Question: Are paper appointments accepted?

Answer: No. The department will not accept paper appointments, with the exception of bail bond appointments.

9. Question: During the eAppoint process, will a license number be required?

Answer: Yes. eAppoint requires you to provide the licensee’s Florida license identification number for each appointment. In the event that the type of appointment requires a supervising licensee, the license number of the supervising licensee must be provided also.

10. Question: I have entered a license number and eAppoint states that it doesn’t exist. How do I proceed?

Answer: You will need to contact the department at (850) 413-3137 for further assistance.

11. Question: What is the penalty for submitting a late original appointment?

Answer: Failure to file an original appointment within 45 days of the effective appointment date will result in a late fee of $250 for each original appointment. This fee must be paid by the appointing entity and may not be charged to the licensee.

12. Question: What is the penalty for submitting a late renewal appointment?

Answer: Failure to pay a renewal invoice by the last day of the renewal month will result in a late fee of $30 for each individual listed on the renewal invoice.

13. Question: Why can’t I pay and submit my renewal invoice prior to the renewal month?

Answer: Renewal invoices do not appear in eAppoint until the 1^st day of the renewal month.

14. Question: Why can’t I terminate the appointment for an individual who is listed on the renewal invoice?

Answer: The individual must have his/her appointment terminated prior to the renewal month.

15. Question: If I forget my eAppoint password, how can I retrieve or change it?

Answer: If you have forgotten or lost your password, click My Account, and then click Retrieve lost password hyperlink located in the Common Tasks Menu. Upon entering your user name and clicking Submit, eAppoint will send you an email containing your user name and password.

16. Question: The person at our company who handles appointments has changed. How do we update eAppoint to reflect this?

Answer: All changes can be made by using the My Account link on eAppoint. Click here for detailed instructions.

Agent & Adjuster General Licensing FAQ

1. Question: What are the fees for obtaining a license?

Answer: It depends on the type of license. Click here for the Fee list.

2. Question: Do all licenses require a prelicensing course, prior to taking the examination or applying for a license?

Answer: Not all licenses require a prelicensing course. Click here for a list of licenses and their requirement.

3. Question: How do I find a prelicensing course?

Answer: Click here to search for Prelicensing courses.

4. Question: I've submitted paperwork the last time I applied. Do I need to resubmit the same paperwork?

Answer: Any documentation sent to the department is retained in the applicants file. In some cases the documents may need to be resubmitted or new documents may be required.

5. Question: I've been approved for an examination but now I have a designation. What do I need to do?

6. Question: Do all licenses need appointments?

Answer: All licenses require an appointment with the exemption of insurance agency licenses and registrations (20-05, 21-05, 90-05, and 91-05).

7. Question: I've submitted fingerprints to the department for another license. Do I need to do it again?

Answer: Fingerprint results are good for 36 months.

8. Question: I've submitted fingerprints to another department (outside the Division of Agent & Agency Services). Are those fingerprints acceptable?

Answer: No. We can not accept fingerprints outside of Agent and Agency Services.

9. Question: Do I have to take an examination if I want to switch from one adjuster license to another?

10. Question: Can I get a license if I have a criminal record?

Answer: The department looks at all background information on a case-by-case basis. Grounds for discretionary denial of an applicant, due to a criminal record, are listed in Administrative Code 69B-211.042.

11. Question: I have a bad credit score. Will this prevent me from getting a license?

Answer: No. The department does not look at credit scores.

12. Question: Do I have to renew my Florida license?

Answer: No. A Florida license is perpetual, BUT it will expire if it goes for more than 48 months without an appointment.

13. Question: When does my license expire?

Answer: Licenses will expire if more than 48 months elapse without an appointment. Failure to complete continuing education may result in cancellation of appointment(s).

14. Question: What do I have to do to get my license back if it expired?

Answer: You must re-qualify as a first-time applicant.

15. Question: How do I check the status of my application?

Answer: The status of applications and licenses can be checked by going to www.myfloridacfo.com/agents and logging in to My Profile, click here.

16. Question: How do I change my address?

Answer: Go to www.myfloridacfo.com/agents and log in to My Profile and select Address Change, click here.

17. Question: What is exam only application?

Answer: An exam only application is a way for individuals to attempt to pass a State Examination, but with out receiving the State’s approval for that license. Once an individual passes an examination, they can then request the state’s approval by applying for that license at My Profile.

18. Question: If I submitted an exam only application but chose the wrong examination. Can I get a refund?

Answer: No. Per Florida Statute 626.171(5), all fees are nonrefundable.

19. Question: If I applied originally by exam only and pass, what do I do next?

Answer: You must apply for a license. Log in to My Profile and choose either New Agent License or New Adjuster License. If you are approved by the state, Pearson VUE will mail you your license id card.

20. Question: If I apply for the wrong license in general can I get a refund?

Answer: No. Applications are not subject to refund, per Florida Statute 626.171(5).

21. Question: What if I fail the examination or miss my appointment to take it?

Answer: Three (3) days after you do either, you may apply for a reexamination. You will be charged $56 every time this is done.

22. Question: What is an appointment?

Answer: A formal work authorization made by an insurance company to the State. It authorizes the agent to write business for that insurance company.

23. Question: What is the continuing education requirement? When is it due?

Answer: The number of continuing education hours required depend on the license type you hold and number of years you've held it. Continuing education is due every 2 years, for most licenses types. You can check your continuing education requirement by going to www.myfloridacfo.com/agents and logging in to My Profile. Contact the department (850-413-3137) if you have questions regarding your requirement.

24. Question: Where can I find the forms?

Answer: All forms can be found at Agent & Agency Services web page or by clicking here.

25. Question: To sell viatical, what do I need to do?

Answer: First, you must hold a life license. Then you must self appoint yourself for viatical. Click here for the eAppoint site. Please review our eAppoint FAQ’s for step-by-step assistance.

26. Question: Is the test in Spanish?

Answer: No. The test is currently only given in English only. If English is not your first language, you can receive a one-hour extension for the exam. Contact Pearson VUE (888-274-2020) for more information.

27. Question: If I'm licensed in another state, can I use my license in Florida?

Answer: No. You are required to have a license with Florida.

28. Question: I am licensed as a nonresident of Florida. Do I need county appointments?

Answer: You only need county appointments if you are physically coming to Florida to conduct business. The insurer must appoint you for every county where you will be transacting insurance, while in Florida. Contact the insurer for this.

29. Question: I want to sell viatical, where do I begin?

Answer: You must first obtain a life license or greater, such as life and health. Once the license is obtained, you must do a self appointment for viatical. Please refer to our eAppoint FAQ’s for help with self appointing.

30. Question: Can a life agent be an insurance agent and a part-time funeral director?

Answer: No. Per Florida Statute 626.785, the agent can not be an insurance agent and a funeral director unless the only product being sold is for pre-need.

31. Question: Can an agent pay a fee to an unlicensed person for referrals of potential clients?

To summarize, it is OK to pay an unlicensed person for every referral. If you only pay that unlicensed person for referrals that result in the sale of an insurance product, it violates the law.

32. Question: If a credit card company charges a 2% fee for payments of policies/premiums, can the agency charge the consumer that fee for reimbursement?

Answer: Yes, but only to the extent of the fee that the credit card company charges to the agency.

33. Question: Can an agent/agency charge a fee in addition to commission for servicing accounts.

34. Question: How long do I have to maintain records?

Answer: Florida Statute 626.561(2) states “The licensee shall keep and make available to the department or office books, accounts, and records as will enable the department or office to determine whether such licensee is complying with the provisions of this code. Every licensee shall preserve books, accounts, and records pertaining to a premium payment for at least 3 years after payment; provided, however, the preservation of records by computer or photographic reproductions or records in photographic form shall constitute compliance with this requirement.” All other records shall be maintained in accordance with Florida Statute 626.748 which states: “Every agent transacting any insurance policy must maintain in his or her office, or have readily accessible by electronic or photographic means, such records of policies transacted by him or her as to enable the policyholders and department to obtain all necessary information, including daily reports, applications, change endorsements, or documents signed or initialed by the insured concerning such policies.” The 3-year requirement shall not apply to insurance binders when no policy is ultimately issued and no premium is collected.

Title agents must maintain records for 7 years pursuant to Florida Statute 627.7845(2) which state: “The title insurer shall cause the evidence of the determination of insurability and the reasonable title search or search of the records of a Uniform Commercial Code filing office to be preserved and retained in its files or in the files of its title insurance agent or agency for a period of not less than 7 years after the title insurance commitment, title insurance policy, or guarantee of title was issued. The title insurer or agent or agency must produce the evidence required to be maintained by this subsection at its offices upon the demand of the office. Instead of retaining the original evidence, the title insurer or the title insurance agent or agency may, in the regular course of business, establish a system under which all or part of the evidence is recorded, copied, or reproduced by any photographic, photo static, microfilm, micro card, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original.”

Escrow Account records must be maintained in accordance with Florida Administrative Code 690-186.009 which states “Every licensed title insurance agent shall maintain a monthly reconciliation of every escrow account required to be maintained pursuant to Florida Statute 626.8473 and shall, on a monthly basis, report such reconciliation together with appropriate supporting documentation to each title insurer which licensed the agent during the reconciliation period. The reconciliation shall be supported by appropriate documentation, including a monthly bank statement, a list of all outstanding checks as of the date of the reconciliation which is not shown on the monthly bank statement, and a trial balance of the escrow ledger records required to be maintained by subsection (2). Licensed title insurance agents and title insurers shall provide a copy of the monthly escrow account reconciliation to the Office upon its request. Such records shall be maintained by the title insurer for a period of five years.” Also part (2) states, “Every licensed title insurance agent shall maintain a separate ledger card for each real estate closing transaction for which funds are received in escrow. The ledger card shall contain chronological entries of dates and amounts of moneys received and disbursed including the name of the remitter and payee and each check number issued on such escrow account. Such records shall be maintained by the title insurance agent for a period of three years. The ledger card required by this rule may be maintained in computer storage with a print-out available upon request of a title insurer or the Office.

Viatical settlement Brokers must maintain records in accordance with Florida Statute 626.9922(2), which states “All accounts, books and records, documents, files, contracts, and other information relating to all transactions of viatical settlement contracts, life expectancies, or viatical settlement purchase agreements made before July 1, 2005, must be maintained by the licensee for a period of at least 3 years after the death of the insured and must be available to the office or department for inspection during reasonable business hours.”

Continuing Education FAQ

1. Question: I’m a new agent. When are my continuing education hours due?

Answer: Your compliance period is determined by the date you were licensed and your birth month. Your continuing education hours are due the last day of your birth month, after you have held the license for 24 months.

Examples:

Licensed – July 11, 2007

Birth Month – June

Compliance start date – July 1, 2008

Due date – June 30, 2010

Licensed – July 11, 2007

Birth Month – November

Compliance start date – December 1, 2007

Due date – November 30, 2009

Licensed – July 11, 2007

Birth Month – July

Compliance start date – August 1, 2007

Due date – July 31, 2009

2. Question: What is the continuing education requirement? When is it due?

Answer: The number of continuing education hours required depend on the license type you hold and number of years you've held it. Continuing education is due every 2 years, for most license types.

3. Question: Where can I check my continuing education requirement and status?

Answer: You can check your continuing education requirement by going to www.myfloridacfo.com/agents, logging in to My Profile, and selecting CE Status. Contact the department at 850-413-3137 if you have questions regarding your requirement.

4. Question: I'm a nonresident and I'm showing out of compliance. What do I do?

Answer: We will need to verify your home state license and update your continuing education compliance. You will need to get a letter of certification from your home state and mail or fax it to the department. Please include your Florida license number with the letter of certification.

Mail to: Fax to: 850-413-3291

Department of Financial Services

200 East Gaines Street

Room 419

Tallahassee, FL 32399-0300

5. Question: What happens if I do not get my continuing education hours done by the end of my compliance period?

Answer: There will be a $250 fine and you will be required to complete your remaining continuing education hours. You will first receive a Preliminary Notice of Non-Compliance and a Settlement Stipulation approximately 45 days from the end of your compliance period. The Settlement Stipulation must be signed and returned to the department. Once the department receives your signed Settlement Stipulation, you will be mailed a Consent Order with an Invoice and will have 120 days to complete your remaining continuing education hours. The Invoice should be returned with in 30 days to the department with the $250 fine paid in full.

6. Question: What will happen if I do not sign my Stipulation Agreement and/or do not pay my fine?

Answer: Your appointments will be cancelled.

7. Question: Can I take my continuing education hours online?

Answer: Yes. Required hours can be taken online or in a classroom. (Note: There may be some exceptions.)

8. Question: Can I take the same continuing education course next year?

Answer: No. You can not repeat the same course with in three years and receive continuing education credit.

9. Question: When can I take a basic level continuing education course?

Answer: You can only take basic level classes within your first 6 years of being licensed. When you have been licensed for 6 years or more, you can no longer receive credit for basic classes and must take intermediate or advanced level courses to receive continuing education credit.

10. Question: I took a course and don't see it on my transcript. What do I do?

Answer: Contact the provider of the course. They are responsible for submitting your course credit to the department. The provider has 20 days after the completion of your course to submit your course credit.

11. Question: I see a course on my transcript but I'm not receiving credit for it. What do I do?

Answer: Contact the department at 850-413-3137.

12. Question: I'm canceling my license before the end of my continuing education compliance period. Do I have to do the continuing education?

Answer: No. There is no continuing education requirement once the license is canceled.

13. Question: I'm changing my adjuster license from one adjuster type to another (example: 5-20 to a 6-20), do I have to do my continuing education?

Answer: Yes. Your compliance period and your continuing education requirements will not change.

14. Question: Where do I get a list of examination proctors/monitors?

Answer: Contact the provider of your course. Providers maintain a list of their approved proctors/monitors in your area.

Prelicensing/Continuing Education Provider FAQ

1. Question: What are the requirements to become a prelicensing provider?

Answer: The requirements to become a prelicensing provider are found in Florida Administrative Code 69B-211.140.

2. Question: What are the requirements to become a continuing education provider?

Answer: The requirements to become an instructor are found in Florida Administrative Code 69B-228.040.

3. Question: Can a nonresident apply as a provider?

Answer: Yes, for both prelicensing and continuing education courses.

4. Question: How do I apply to become a provider?

Answer: To apply to become a provider, you must first go to www.myfloridacfo.com/agents. Select My Profile then select Provider. You must enter your social security number and your date of birth on this page. Log in and follow the prompts to complete your online application. The department will send you an e-mail requesting that you check your My Profile Inbox, which will notify you of your status.

5. Question: What are the requirements to become a prelicensing instructor?

Answer: The requirements for a prelicensing course are found in Florida Administrative Code 69B-211.160.

6. Question: What are the requirements to become a continuing education instructor?

Answer: The requirements for a prelicensing course are found in Florida Administrative Code 69B-228.060.

7. Question: How do I apply to become an instructor?

Answer: To apply to become an instructor, you must first go to www.myfloridacfo.com/agents. Select My Profile then select Instructor. You must enter your social security number and your date of birth on this page. Log in and follow the prompts to complete your online application.

8. Question: Is there a fee to become a provider or an instructor?

Answer: No.

9. Question: Does the department charge the provider any fees?

Answer: Yes. There is a $102.50 fee for continuing education course applications. Currently there is no charge for prelicensing course applications.

10. Question: What are the requirements to have a prelicensing course approved?

Answer: The requirements to have a prelicensing course approved can be found in Florida Administrative Code 69B-211.170.

11. Question: What are the requirements to have a continuing education course approved?

Answer: The requirements to have a prelicensing course approved can be found in Florida Administrative Code 69B-228.080.

12. Question: What are the requirements to have an online self study continuing education course approved?

Answer: The general requirements to have a prelicensing course approved can be found in Florida Administrative Code 69B-228.080. Additional requirements for an online self study continuing education course are found in Florida Administrative Code 69B-228.080(11).

13. Question: How do I submit a course for approval?

Answer: To submit a course for approval, you must first go to www.myfloridacfo.com/agents. Select My Profile then select Provider. You will enter the social security number and date of birth of the school official or school contact on this page. Log in and click on the Apply tab. Select Course and follow the prompts to complete your online application. The department will send you an email requesting that you check your My Profile Inbox, which will notify you of the status of your course.

14. Question: Do classroom and self study courses expire?

Answer: Approval of courses which have not been offered for a period of 5 years will expire, per Florida Administrative Code 69B-228.080(8)(a).

15. Question: Do seminar courses expire?

Answer: Seminar courses expire 12 months from their approval date, per Florida Administrative Code 69B-228.080(10)(h).

Licensing Compliance/Regulatory FAQ

1. Question: Can an agent pay a fee to an unlicensed person for referrals of potential clients?

To summarize, it is OK to pay an unlicensed person for every referral. If you only pay that unlicensed person for referrals that result in the sale of an insurance product, it violates the law.

2. Question: If a credit card company charges a 2% fee for payments of policies/premiums, can the agency charge the consumer that fee for reimbursement?

Answer: Yes, but only to the extent of the fee that the credit card company charges to the agency.

3. Question: Can an agent/agency charge a fee in addition to commission for servicing accounts.

4. Question: How long do I have to maintain records?

Answer: Florida Statute 626.561(2) states “The licensee shall keep and make available to the department or office books, accounts, and records as will enable the department or office to determine whether such licensee is complying with the provisions of this code. Every licensee shall preserve books, accounts, and records pertaining to a premium payment for at least 3 years after payment; provided, however, the preservation of records by computer or photographic reproductions or records in photographic form shall constitute compliance with this requirement.” All other records shall be maintained in accordance with Florida Statute 626.748 which states: “Every agent transacting any insurance policy must maintain in his or her office, or have readily accessible by electronic or photographic means, such records of policies transacted by him or her as to enable the policyholders and department to obtain all necessary information, including daily reports, applications, change endorsements, or documents signed or initialed by the insured concerning such policies.” The 3-year requirement shall not apply to insurance binders when no policy is ultimately issued and no premium is collected.

Escrow Account records must be maintained in accordance with Florida Administrative Code 690-186.009 which states “Every licensed title insurance a

Related Links!

Frequently Asked Questions

Insurance Agency Licensing & Registration Overview

Agency Licensure and Registration

Fingerprint Requirements

Tracking/Enforcement

Insurance Agency Licensing & Registration FAQ

Warranty Business FAQ

Title Agency FAQ

Exam Only FAQ

eAppoint FAQ

Agent & Adjuster General Licensing FAQ

Continuing Education FAQ

Prelicensing/Continuing Education Provider FAQ

Licensing Compliance/Regulatory FAQ