Key Takeaways

  • Florida producers have fiduciary duties when handling client funds and premiums
  • Premium trust accounts must be maintained separately from personal accounts
  • Producers must report certain actions and violations to DFS within specified timeframes
  • Continuing education includes mandatory ethics training (3 hours per renewal)
  • Producers can be disciplined for violations of law, incompetence, or misconduct
Last updated: January 2026

Producer Conduct and Fiduciary Duties

Florida insurance producers have legal and ethical obligations to their clients and the public. Understanding these duties is essential for professional conduct and exam success.

Fiduciary Duties

A fiduciary is someone who acts in another's best interest. Florida insurance producers owe certain fiduciary duties:

Premium Handling

Producers must handle premiums according to strict rules:

RequirementRule
DepositPromptly to insurer or trust account
ComminglingCannot mix with personal funds
Trust AccountRequired for holding premiums
RecordsMust maintain detailed records

Trust Account Requirements

  • Separate bank account from personal accounts
  • Clearly designated as insurance premium trust
  • Detailed records of all transactions
  • Regular reconciliation
  • Available for DFS examination upon request

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Criminal prosecution for theft or fraud

Agent vs. Agency Responsibilities

TypePrimary Duty
AgentRepresents insurer, but must be fair to clients
AgencySupervises agents, ensures compliance
Managing General AgentUnderwriting authority, oversight duties

Reporting Requirements

Florida producers must report certain matters to DFS:

Administrative Actions

Within 30 days, report:

  • Any administrative action by another state
  • Any administrative action by a federal agency
  • Termination by insurer for cause

Criminal Matters

Within 30 days, report:

  • Any criminal prosecution
  • Any plea of guilty or no contest
  • Any conviction

Civil Matters

Report as required:

  • Judgments against you related to insurance
  • Material changes in application information

Record Keeping

Florida requires producers to maintain records:

Required Records

Record TypeRetention Period
Applications5 years
Policy documents5 years
Premium records5 years
Client correspondence5 years
Replacement forms5 years

Access to Records

  • DFS can examine records during investigations
  • Must provide records upon request
  • Failure to maintain records is a violation

Continuing Education Ethics

Florida requires ethics training as part of CE:

Requirements

  • 3 hours of ethics every renewal period
  • Must cover Florida-specific ethical requirements
  • Includes regulatory updates
  • Addresses real-world scenarios

Grounds for Discipline

DFS can take disciplinary action for various violations:

Specific Grounds (Florida Statutes 626.611 & 626.621)

Mandatory Grounds (626.611) - License SHALL be denied/revoked for:

  • Felony conviction
  • First-degree misdemeanor conviction involving moral turpitude
  • Demonstrated lack of fitness
  • Material misstatement on application
  • Proven twisting

Discretionary Grounds (626.621) - License MAY be denied/revoked for:

  • Violation of insurance code
  • Violation of lawful order of DFS
  • Failure to comply with administrative subpoena
  • Willful failure to pay over premium
  • Misappropriation of funds
  • Failure to maintain required records

Types of Discipline

ActionDescription
Letter of WarningMinor first offense
ProbationLicense continues with conditions
FineUp to $5,000 per violation
SuspensionUp to 2 years
RevocationPermanent (may reapply after period)

Professional Standards

Best Practices

  • Treat all clients fairly and equally
  • Maintain professional competence through CE
  • Disclose all material information
  • Avoid conflicts of interest
  • Protect client confidentiality
  • Report violations by others

Client Communication

  • Be truthful - never exaggerate or mislead
  • Be clear - use language client understands
  • Be complete - disclose all relevant information
  • Be responsive - address questions promptly
  • Be professional - maintain appropriate boundaries
Test Your Knowledge

Within how many days must a Florida producer report an administrative action by another state to DFS?

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D
Test Your Knowledge

How long must Florida insurance producers retain client records?

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D
Test Your Knowledge

What is the maximum suspension period DFS can impose on a Florida insurance license?

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D