The Department of Insurance presented =
us with a=20
somewhat of a surprise on June 20th at a hearing that was described by =
Wally=20
Senter as a "housekeeping measure" to comply with Chapter 120 of the =
Florida=20
Statutes which mandates the elimination of administrative rules when =
they=20
conflict with the statutes. The hearing was published with little =
fanfare, with=20
the intent to repeal those provisions of 4-186 that were in conflict =
with the=20
statutory title insurance provisions. The effect would be to eliminate =
all of=20
the title insurance premium rates and possibly all title insurance =
regulations.=20
At the June 20th hearing, John LaJoie, =
Chairman=20
of the Insurer's Section, and others outlined the detrimental effects =
this would=20
have and suggested the Department propose a rule adopting the current =
statutory=20
premium rate and re-adopt all other provisions now in effect, on July =
1st, 2002.=20
The Department responded that this could be accomplished by "Emergency =
Rule". It=20
was later pointed out that an Emergency Rule was not necessary if the =
existing=20
statutory rate was adopted. This plan would allow for regulation =
authority to=20
return to the Department and they could then utilize their customary =
means of=20
workshops and data call to make any changes. The record was held open =
through=20
July 6th. We will have to wait to see the outcome of the hearing.=20
On a separate note, the Department has =
focused=20
on enforcement of Section 626.747, Branch Agencies which requires:=20
- Each branch place of business established by an agent or agency, =
firm,=20
corporation, or association shall be in the active full-time charge of =
a=20
licensed general lines agent who is appointed to represent one or more =
insurers. Any agent or agency, firm, corporation, or association which =
has=20
established one or more branch places of business shall be required to =
have at=20
least one agent at each location of the agency including its =
headquarters=20
location.
In essence, the Department focused on making sure each licensed =
Agency and=20
branch office has a licensed title agent or a member of the Florida Bar =
on=20
staff. I personally received two inquiries from the Department seeking =
to=20
enforce this provision.
************************************
FLTA Is Sad =
To Announce=20
The Death of Julian =CESkip' Boos
Julian =CESkip' Boos, a former FBI =
special agent=20
who later worked in the insurance business in Broward County, died =
Sunday at his=20
home in Plantation. He was 75. Trained as a lawyer, boos was working at =
a=20
Cincinnati, Ohio insurance company when he joined the Federal Bureau of=20
Investigation in 1950 as a special agent, said his wife, Barbara. Boos =
remained=20
with the agency until 1954 when moved to Fort Lauderdale and began =
working as a=20
title insurance vice president at the Pompano Beach Abstract Company.=20
In 1962, he joined the former =
Peninsular Title=20
Insurance Company in Ft. Lauderdale. He was appointed president of the =
company=20
in 1971 and served in that position until1976.=20
That year, he joined First American =
Title=20
Insurance Company in Ft. Lauderdale as regional vice president =
responsible for=20
starting and developing the company's seven-state south-eastern =
operations that=20
also encompassed Puerto Rico, the Virgin Islands and the Bahamas.=20
Boos acted as mentor to many in the =
insurance=20
industry, including Kenneth Jannen, vice president, counsel and senior=20
underwriter at First American Title Insurance Company for over 20 years. =
"He exemplified the greatest =
generation,"=20
Jannen said. "He was a man of integrity, loyalty, generosity and =
goodwill."=20
Boos retired from day-to-day operations =
in=20
1991, but continued working as a consultant until recently.=20
Julian H. Boos, known to many as Skip, =
was born=20
on August 4, 1925, in Cincinnati and graduated from Hughes High School =
in 1943.=20
Before he graduated, Boos enlisted into the U.S. Army Air Corps; while =
he was=20
preparing to go to Japan, the atom bomb was dropped in Hiroshima and =
Nagasaki,=20
his wife said.=20
He was discharged in 1946 as a=20
navigator-bombardier.=20
He married the former Barbara Hayes in =
1947 in=20
Cincinati.=20
Boos was a president of the Florida =
Land Title=20
Association in 1967 and in 1973, he was given the Raymond O. Denham =
Memorial=20
Award, the industry's highest honor.=20
In addition to his wife, he is survived =
by=20
daughters Linda Coleman of Sunrise; Pamela Boos Hughes of Longwood; Jill =
Boos=20
Atter of Jacksonville; Cindy B. Hudson of Vero Beach; son Scott Boos of =
Orlando=20
and 13 grandchildren.=20
The family asks that instead of =
flowers,=20
donations can be made to the Boys & Girls Club of Broward Coutny, =
1401 NE=20
26th Street, Ft. Lauderdale, FLA, 33305 or Plantation Community Church, =
6501 W=20
Broward Blvd, Plantation, FLA, 33317.=20
Skip will be greatly missed by his many =
friends=20
in the FLTA, he was one of a kind.
************************************
Update on =
Title Insurance=20
Statutory Rate Sunset
As you are all aware, our statutory =
title=20
insurance premium rate ends on June 30th, 2002, by the express terms of =
the=20
statue. Language in the statute could also be construed to mean that all =
other=20
provisions of our title insurance rules not in the statute also sunset =
on that=20
date. Without fanfare, the Department of Insurance recently published =
intent to=20
repeal those provisions of 4-186 that were in conflict with the =
statutory title=20
insurance provisions. The effect of this would be to eliminate all of =
the title=20
insurance premium rates and maybe all regulation of title insurance on =
July 1st,=20
2002. The Department said this was merely a housekeeping measure to be =
in=20
compliance with Chapter 120 of the Florida Statutes that mandates the=20
elimination of administrative rules when they conflict with the =
statutes. The=20
timing was somewhat worrisome in as much as the statute has been in =
existence=20
since 1999 and this repeal is just now occurring. Spearheaded by the =
efforts of=20
John LaJoie, Chairman of the Insurers' Section, a hearing was held at =
the DOI on=20
Tuesday June 20th to offer comments to the Department on the detrimental =
effect=20
of this repeal if nothing else is done. The suggestion made by Mr. =
LaJoie, his=20
attorneys Douglas Mang and Fred Dudley, was that the Department propose =
a rule=20
adopting the current statutory premium rate and re-adopting all other =
provisions=20
in effect at the present time to go into effect on July 1st, 2002. =
Although the=20
DOI had mentioned that they could do this by using an "Emergency Rule", =
it was=20
pointed out that this would not be necessary if the statutory rate was =
adopted=20
as described above. It was also pointed out that there was not much of a =
comfort=20
level if all concerned had to wait on pins and needles for the enactment =
of an=20
emergency rule. The plan would allow regulation of the title insurance =
industry=20
to rightfully return to the DOI and the normal regulatory process would =
follow=20
with the customary, data calls, workshops and testimony in an unhurried =
and=20
businesslike atmosphere. The record is held open for written comment =
until July=20
6th. The FLTA urges your support of this plan of action and would =
solicit your=20
written comments to be sent to Wallace M. Senter, Title Insruance =
Coordinator,=20
Division of Insurer Services, Department of Insurance, 200 East Gaines =
Street,=20
Tallahassee, FL 32399-0300. This is in line with the wishes of the =
Governmental=20
Affairs Committee who met on May 8th of this year and prior to being =
made aware=20
of the intended repeal.=20
It now appears that there will be =
another=20
hearing on the repeal of 4-186, but the date of that hearing has not yet =
been=20
set.
************************************
New Trial =
Membership=20
Offered
At the Winter Board of Directors meeting a new "trial basis" =
membership has=20
been authorized. This membership will allow first time members to try =
out=20
membership in our association for a period of one year for the reduced =
rate of=20
$150.00. During this trial period the firm will receive mailings and =
information=20
and may attend seminars and the convention just as if they were a =
regular=20
member. They will not have voting rights during the trial membership. =
This will=20
allow someone who is new to the industry or has never taken an interest =
in the=20
FLTA to sample our association for a limited time.
************************************
2001 =
Convention to be=20
held at the Hutchinson Island Marriott Beach Resort & =
Marina
The 2001 Convention will be held November 8th and 9th at the =
beautiful=20
Hutchinson Island Marriott Beach Resort & Marina, formerly known as =
Indian=20
River Plantation. In listening to our members concerns about time out of =
the=20
office the meeting time has been shortened to two days. The rates are=20
reasonable, the location is first class and the time out of the office =
has been=20
minimized. There is an executive, par 61, golf course on premise that =
will be=20
used for our annual tournament and a fishing tournament will be offered =
as an=20
alternative. If you haven't attended and FLTA convention lately, or at =
all, do=20
yourself a favor and give it a try. You will meet people and learn =
things that=20
you will not learn cooped up in your office.=20
************************************
Incentives to =
Membership
The FLTA will continue to offer one voucher for convention attendance =
and two=20
seminar vouchers for all new members to our association (excluding the =
trial=20
membership described above). It is hoped that new members will attend =
our=20
meetings and avail themselves of the opportunities for professional =
growth=20
afforded by FLTA membership.
************************************************
<=
/P>
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