Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-136 - APPLICATION PROCEDURES FOR COMPANIES SEEKING TO DO BUSINESS IN FLORIDA › Section 69O-136.017 - Authorization to Transact Insurance; When Required

Current through Reg. 50, No. 138; July 16, 2024
(1) No insurer shall issue insurance policies
				or otherwise transact insurance, as that term is defined in section
				624.10, F.S., involving risks
				resident or located in this state unless the insurer has a current certificate
				of authority issued by the Office.
(2) No insurer shall from offices or by
				personnel or facilities located in this state solicit insurance applications or
				otherwise transact insurance in another state or country unless it holds a
				current certificate of authority issued by the Office authorizing it to
				transact the same kind or kinds of insurance in this state.
(3) A current certificate of authority issued
				by the Office is not required under certain specific circumstances. These
				circumstances are as follows:
(a) A current
				Florida certificate of authority is not required if the activities of the
				unauthorized insurer involve only the investigation, settlement, or litigation
				of claims under policies previously lawfully written in this state, or only the
				liquidation of the assets and liabilities of the insurer which are the result
				of previously authorized operations in this state. This exception to the
				requirement shall not be construed to include the collection of premiums or the
				renewal of policies.
(b) A current
				Florida certificate of authority is not required to service a policy within the
				state, subsequent to the lawful issuance of the policy, so long as the subject
				of the policy of insurance was not resident, located, or expressly to be
				performed in this state at the time of issuance, and so long as the policy of
				insurance was lawfully solicited, written, or delivered outside of this state.
				The Office interprets section
				624.402(2),
				F.S., to mean that an unauthorized insurer may utilize personnel or facilities
				located in this state to transact insurance in other states or in foreign
				countries, provided that all such activities occur subsequent to and do not
				pertain to the issuance or effectuation of the insurance coverage.
(c) A current Florida certificate of
				authority is not required to engage in transactions pursuant to surplus lines
				coverage lawfully written under part VIII of chapter 626, F.S., so long as the
				insurer is an eligible surplus lines insurer under sections
				626.917 or
				626.918, F.S. The Office
				interprets section 626.918(2)(b),
				F.S., to mean that an unauthorized insurer cannot meet the requirements to be
				an eligible surplus lines insurer unless the unauthorized insurer has offices
				in and transacts insurance in its state or country of domicile. A surplus lines
				insurer eligible pursuant to section
				626.918, F.S., is not prohibited
				by this rule from utilizing offices or personnel in this state to transact
				insurance in another jurisdiction, provided it is licensed as a surplus lines
				or authorized insurer in that jurisdiction.
(d) A current Florida certificate of
				authority is not required to transact the business of reinsurance, so long as
				such reinsurance is transacted as authorized under section
				624.610, F.S.
(e) A current Florida certificate of
				authority is not required when an insurer has withdrawn from and is not
				transacting any new insurance in this state, but is solely continuing in force
				and continuing to service life insurance or health insurance policies or
				annuity contracts which remain in force and which insure residents of this
				state.
(f) A current Florida
				certificate of authority is not required when an unauthorized foreign insurer
				invests its funds in real estate in this state or in securities secured
				thereby, if the foreign insurer complies with the laws of this state relating
				generally to foreign business corporations.