Doing Business Requirements in Florida

From WFG Wiki


Category Information Summary
Agency Capitalization Required by State N/A (see Fla. Stat. Ann. 626.8418 re minimum securities deposit or alternate surety bond post)
Agency Net Worth Required by State N/A
Title Plant Ownership/Access Not Required
Title Plant Costs Where Ownership/Access Required N/A
Controlled Business Considerations Not as to Title Insurance|
Agency Residency Required in some situations. See Retaliatory Issues below
Registration with Department of State Required; Foreign Entities Allowed
Individual Residency Required in some situations. See Retaliatory Issues below
Title Agency Naming Conventions N/A
E & O $250,000 per claim with an aggregate limit and with a deductible no greater than $10,000
Fidelity $50,000
Surety $35,000
Residency Status Non-Residents Residents
Title Agency Licensing Required Required
Title Agency Licensing Fees $10.00 + $58.25 fingerprint fee per majority owner, partner, officer and/or director $10.00 + $58.25 fingerprint fee per majority owner, partner, officer and/or director
Title Agency Appointment by Underwriter Required Required
Individual Title Insurance Producer Licensing Required Required
Individual Title Insurance Producer Licensing Fees $129.25 ($10 application, $58.25 fingerprint, $56 exam, $5 license card) $129.25 ($10 application, $58.25 fingerprint, $56 exam, $5 license card)
Individual Title Insurance Producer Appointment by Underwriter Required Required
Individual Title Insurance Producer Exam prior to Licensing Required Required
Individual Title Producer Fingerprints and/or Background Check Required Required
Individual Title Producer Continuing Education ("CE") 10 hours with 3 in ethics every two years 10 hours with 3 in ethics every two years
Agency Renewal Term Continuous Continuous
Agent Renewal Term Continuous Continuous
Reciprocity Exam No
Reciprocity Continuing Education No
Retaliatory Issues Residents of the following states do not qualify for a FL license: AL, AK, ID, IA, NV, OR, SD, TX, UT and WA
Separate Escrow License/Registration Not Required
Separate Escrow License/Registration for non-Title Agent Not Required
Escrow Accounts Funds must be held in an FDIC or National Credit Union Share Insurance Fund insured depository institution licensed to transact business in FL Fla. Stat. 626.8473(3)
Audit Underwriter must require an annual accounting of outstanding policy forms in Agent's possession. Fla. Stat. Ann 627.7773(1) Monthly Three-way reconcilliation required to be submitted to underwriter. Fla. Admin Code 69O-186.009(1)
Financial Reporting Annual Data Call required beginning 2014 (first report due 2015). Fla. Stat. 627.782
Agent Filings Annual Surcharge of $200 due every January. Fla. Stat. 624.501(27)(e)
Underwriter Filed Escrow Rates No
Attorney Involvement N/A
Special Considerations

Resident and Non-Resident Florida licensed attorneys in good standing are exempt from the licensing requirements

Within the 4 years immediately preceding the date of the application for license, the applicant must have completed a 40-hour classroom course in title insurance, 3 hours of which shall be on the subject matter of ethics, as approved by the department, or must have had at least 12 months of experience in responsible title insurance duties, while working in the title insurance business as a substantially full-time, bona fide employee of a title agency, title agent, title insurer, or attorney who conducts real estate closing transactions and issues title insurance policies

At time of application and throughout the existence of the license, the agency must provide the name, social security number, and address of a title agent or an attorney in good standings with the Florida Bar. The licensed title agent or a licensed attorney must be in full time charge of the agency office

In addition to the individual agent being fingerprinted, the majority owner, partner, officer and director of the agency must be fingerprinted

Regulatory Search Requirements reasonable Fla. Stat. Ann. 627.7845 (1)
Retention of Records: Title 7 years - Fla. Stat. Ann. 627.7845
Retention of Records: Escrow 5 years for escrow account records [Ad. Rule 69O-186.009(1)]; 3 years for real estate closing escrow records [Ad. Rule 69O-186.009(2)]
All Inclusive Rate No
Websites
WFG National Title Insurance Company http://www.willistonfinancial.com/
Department of Insurance http://www.floir.com/
Department of State http://www.dos.state.fl.us/