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Statement of Agency Organization and Operation

This statement of agency organization and operation has been prepared in accordance with the requirements of Section 28-101.001, Florida Administrative Code, and is available to any person upon request.

Office of Insurance Regulation – General Information


The Florida Legislature created the Office of Insurance Regulation (Office) in 2003:

“The Office of Insurance Regulation, which shall be responsible for all activities concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct, claims, issuance of certificates of authority, solvency, viatical settlements, premium financing, and administrative supervision, as provided under the insurance code or chapter 636. The head of the Office of Insurance Regulation is the Director of the Office of Insurance Regulation, who may also be known as the Commissioner of Insurance Regulation.” Section 20.121,(3)(a)1, Florida Statutes.

The Commissioner is appointed by the Financial Services Commission. The Commission is comprised of the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture. The Commission serves as agency head for purposes of rulemaking pursuant to Sections 120.536-120.565, Florida Statutes. Commission action is taken by majority vote. The Director (Commissioner) of Insurance Regulation is considered the agency head for purposes of final agency action for all areas within the regulatory authority delegated to the Office.

The Office is, for purposes of administrative, personnel, and technology support, housed within the Department of Financial Services. Office funding is appropriated by the Legislature from the Insurance Regulatory Trust Fund (IRTF), funded by insurance company licensing fees, surplus lines taxes, and fines that may be levied for non-compliance with provisions of the Insurance Code.

The Office is located in the Larson Building, 200 East Gaines Street, Tallahassee, Florida. The Office’s mailing address and telephone number are:

Office of Insurance Regulation
200 East Gaines Street
Tallahassee, Florida 32399-4206
(850) 413-3140

Business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except for legal holidays.

The Organizational Units of the Office


The Office is divided into specialized business units to perform the duties and responsibilities required by the Insurance Code (Chapters 624-632, 634-642, and 651, Florida Statutes) and Chapters 69N and 69O, Florida Administrative Code.

Business Development and Company Admissions


The Business Development and Company Admissions (BDCA) unit assists insurance companies and others seeking general information about the business climate in Florida. The BDCA works closely with companies to submit applications for a Certificate of Authority (COA) to transact insurance in this state, and facilitates the application process. It is responsible for the receipt of all company applications and the coordination of the Office's review of such applications prior to granting approval to a company to sell insurance in Florida.

Office of the Deputy Commissioners


The Deputy Commissioners of Life and Health Insurance and Property and Casualty Insurance provide executive, regulatory and policy leadership, and administrative direction and support for the business units within their areas of supervision. They advise the Insurance Commissioner, and upon request, the Governor, Financial Services Commission, and Legislature on policies and trends affecting insurance markets, companies, and consumers

The Deputy Commissioners of Life and Health Insurance and Property and Casualty Insurance supervise their respective Product Review, Financial Oversight, and Market Regulation business units, which regulate the following:

Life and Health

Entities subject to the Life and Health unit’s regulatory oversight include, but are not limited to, life and health insurers, fraternal benefit societies, health maintenance organizations, pre-paid limited health service organizations, pre-paid health clinics, multiple employer welfare arrangements, fiscal intermediary service organizations, and discount medical plan organizations.

The Life and Health Financial Oversight unit monitors the financial condition of all regulated life and health entities through the use of internal financial analysis and on-site examinations. The unit is also responsible for conducting reviews of all new life and health applicants desiring entrance to the Florida marketplace as well as those proposing to expand into additional lines of business.

The Life and Health Product Review unit reviews all life and health policy forms and rates for compliance with Florida Statutes, regulations, and actuarial standards. Chapters 627 and 641, Florida Statutes, are the principal statutes within the Insurance Code that govern the unit's reviews, along with applicable administrative rules. The primary function of the unit is to review and act upon policy form and rate filings received from life and health insurance companies, health maintenance organizations, and related entities. The unit is also responsible for the actuarial review of most health insurance rates to determine whether premiums are reasonable in relation to benefits, as required by the Florida Insurance Code. Of key importance is that rates are not inadequate, excessive, or unfairly discriminatory.

The Life and Health Market Regulation unit conducts examinations and investigations of life and health insurers and related parties regarding business practices and patterns of alleged violations of the Florida Insurance Code. The unit also investigates allegations of unauthorized and illegal insurance activity as well as in-depth investigations of authorized insurers. Market Regulation may work with the Legal Services office to take administrative action, impose administrative penalties, and require corrective action in order to protect insurance consumers from unlawful or harmful business practices.

Property and Casualty

Entities subject to the Property and Casualty unit’s regulatory oversight include, but are not limited to property and casualty insurers, title insurers, motor vehicle service agreement companies, home warranty companies, service warranty companies, premium finance companies, legal expense insurance, and self-insurance funds.

The Property and Casualty Financial Oversight unit is responsible for monitoring the financial condition of all regulated property and casualty entities by conducting financial examinations and ongoing financial analysis. The unit is primarily responsible for enforcing the provisions of Chapters 624 and 625, Florida Statutes, and applicable rules, as they relate to the review of property and casualty insurer solvency. The unit is also responsible for the admissions process for new property and casualty entities as well as those proposing to expand into additional lines of business.

The Property and Casualty Product Review unit enforces the provisions of Chapters 627 and 626, Florida Statutes, and applicable rules, as they relate to the review of property and casualty contracts and associated rates. The principle function of the unit is to review and act upon property and casualty contracts and rate filings received from insurance companies and related entities. As each filing is received, it is reviewed in order to determine compliance with applicable actuarial standards, statutory provisions, and administrative rules. The unit is responsible for the actuarial review of insurance company rates and underwriting rules to ensure compliance with the Florida Insurance Code. Of key importance is that rates are not inadequate, excessive, or unfairly discriminatory.

The Property and Casualty Market Regulation unit conducts examinations and investigations of property and casualty insurers and related parties regarding business practices and patterns of alleged violations of the Florida Insurance Code. The unit also investigates allegations of unauthorized and illegal insurance activity as well as in-depth investigations of authorized insurers. Market Regulation may work with the Legal Services office to take administrative action, impose administrative penalties, and require corrective action in order to protect insurance consumers from unlawful or harmful business practices.

Legal Services

The Legal Services Office provides advice and counsel to the Office. The Legal Services Office reports to the General Counsel and handles litigation in state and federal courts, informal administrative hearings at the Office, and formal administrative hearings at the Florida Division of Administrative Hearings (DOAH). The Legal Services Office also reviews applications for new companies, works with examiners on regulatory issues, and handles the issuance of rules, orders, and other legal documents produced by the Office of Insurance Regulation.

Office of the Inspector General

The Office of the Inspector General promotes accountability, integrity, efficiency, and cost-effectiveness in Office operations and administration through internal audits, investigations, management and performance reviews, and other activities in accordance with professional standards and applicable laws. The Inspector General reports directly to the Commissioner of Insurance Regulation.

Chief of Staff

The Chief of Staff’s office includes Budget, Personnel, Government Affairs, Information Systems, and Communications.

Government Affairs

The Government Affairs Office is responsible for Cabinet Affairs Issues and Legislative Affairs Issues, including the coordination and preparation of presentations for the Commissioner to appear before the Financial Services Commission with proposed administrative rules and performance measures.

Communications

The Communications Office is responsible for the Office’s media relations and internal communications. It coordinates communication with the Florida Legislature, the Financial Services Commission, regulated entities, and others stakeholders. The Communications Office handles all media inquiries.

Obtaining Documents From the Office


Certificate of Authority and Licenses

Applications for a Certificate of Authority, license, or other certifications or rights granted by the Office may be obtained from the Office’s website. The Office uses the iApply online system to handle the receipt of all company applications. The iApply system is located on the Company Admissions page at www.floir.com/Sections/AppCoord/is_ac_index.aspx. Additional assistance is available by contacting appcoord@floir.com.

Public Records

The Office of Insurance Regulation strives to make as many of the records, data, reports, and other documents filed with or produced by the Office available, free of charge, on its website, www.floir.com/Office/PublicRecords.aspx. Requests for records that are not available on the website can be made by mail, telephone, hand delivery, or email to:

Public Records Office
Office of Insurance Regulation
200 East Gaines Street
Tallahassee, Florida 32399-4206
Telephone: (850) 413-4223
Email: PublicRecords@floir.com

Please note that under Florida law, e-mail addresses are public records.

Hard copies of public records, certifications, and voluminous requests will have an associated charge. Requesters will be given a written invoice of the charges which must be paid before records are delivered.

Final Orders & Index

All Agency Final Orders are permanently maintained by the Office. Copies of recent regulatory actions are available on the Market Investigations page at www.floir.com/Sections/MarketInvestigations/is_market_inv_index.aspx. Copies of other orders may be obtained from the Office by contacting the Public Records Office.

Certain final orders issued after July 1, 2015 are maintained by the DOAH. These final orders include: final orders resulting from a proceeding under Chapter 120, consent orders containing a statement of precedential value rendered pursuant to section 120.57(4), and declaratory statements. When the Office issues a final order that is within one of these categories, it will be forwarded to DOAH and will be available for viewing at www.doah.state.fl.us/FLAIO/.

Agency Clerk Information


The Agency Clerk is responsible for receiving and documenting all requests for hearings and notices of appeals. Contact information for the Agency Clerk:

Anoush Arakalian Brangaccio
General Counsel
200 East Gaines Street
Tallahassee, FL 32399-4206

Filing with the Office


Company Filings

The Office’s Industry Portal is a convenient, single point of entry for insurance companies and related entities to access the Filing Assembly and Submission System, online Rate Collection Systems, Quarterly Submission Reports, and other related content.

Petitions and other Filings

Any documents required to be filed with the Agency Clerk may be filed by hand delivery or U.S. Mail, to the address listed above. The filing date for a document, no matter the method of transmission, shall be the date the Office receives the document. Any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

Documents that must be filed with a specific division, bureau, or office should be sent to that division, bureau, or office in accordance with the specified requirements, not to the Agency Clerk.

A petition for variance from, or waiver of, an Office rule may be filed with the Agency Clerk at the address listed above.

Consumer Complaints

Consumers seeking assistance with an insurance question or to file an insurance-related complaint should contact the Department of Financial Services Division of Consumer Services (www.myfloridacfo.com). The Consumer Helpline contact information is: