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.
The Florida Office of Insurance Regulation (OIR) is 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 Florida Insurance Code or Chapter 636, Florida Statutes. The head of the OIR is the Florida Insurance Commissioner.
The Commissioner is appointed by the Financial Services Commission (FSC). The FSC is comprised of the Governor, Chief Financial Officer, Attorney General, and Commissioner of Agriculture. The FSC serves as agency head for purposes of rulemaking pursuant to sections 120.536-120.565, Florida Statutes. FSC action is taken by majority vote. The Insurance Commissioner is considered the agency head for purposes of final agency action for all areas within the regulatory authority delegated to OIR.
For purposes of administrative, personnel, and technology support, OIR is housed within the Department of Financial Services. OIR 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 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.
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, and ensuring 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.
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, and ensuring 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.
The Company Admissions units within Life and Health and Property and Casualty Financial Oversight assist insurance companies and others seeking general information about the business climate in Florida. The Company Admission units work closely with companies to submit applications for a Certificate of Authority (COA) to transact insurance in this state, and facilitates the application process. Company Admissions is responsible for the receipt of all company applications and the coordination of OIR's review of such applications prior to granting approval to a company to sell insurance in Florida.
The Office of the Inspector General promotes accountability, integrity, efficiency, and cost-effectiveness in OIR 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 Insurance Commissioner.
The Legal Services Office provides advice and counsel to OIR. The Legal Services Office reports to the General Counsel and handles litigation in state and federal courts, informal administrative hearings at OIR, 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 OIR.
The Chief of Staff’s office includes Budget, Personnel, Government Affairs, Market Research and Technology, and Communications.
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.
The Communications Office is responsible for OIR'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.
The Market Research and Technology Unit plays a significant role in OIR’s ability to leverage technology to streamline processes, broaden efficiencies and incentivize innovation across the agency. MRTU is responsible for data collections, data analysis, market research and reporting, application maintenance and support, and technology innovation and planning.
The Budget and Personnel Office is responsible for purchasing, budgetary planning, contract management, and other functions. The office also works closely with the Department of Financial Services for personnel management.
Applications for a Certificate of Authority, license, or other certifications or rights granted by OIR may be obtained from the OIR Company Admissions Page. OIR uses the iApply online system to handle the receipt of all company applications.
Additional assistance is available by contacting appcoord@floir.com.
All Agency Final Orders are permanently maintained by OIR. Copies of recent regulatory actions are available on the Market Regulation page and Recent Company Actions page. Copies of other orders may be obtained from OIR 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), F.S., and declaratory statements. When OIR issues a Final Order that is within one of these categories, it will be forwarded to DOAH.
OIR strives to make as many of the records, data, reports, and other documents filed with or produced by the office available, free of charge. Requests for records that are not available on the website can be made by mail, telephone, hand delivery, or email to our address. For more, visit the Public Records Office webpage.
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.