Office of Program Policy Analysis and Government Accountability
Office of Program Policy Analysis and Government Accountability

Florida's Current Regulatory Framework Creates Challenges for State's Title Insurance Regulation

Report 08-53, September 2008




Report Summary

  • Title insurance provides assurance to both property owners and lenders that a buyer receives clear title to property. It differs from most types of insurance in that title insurers seek to identify and eliminate risk prior to issuing a policy.
  • Florida's regulation of title insurance is guided by state law, administrative rules, and judicial decisions. Until January 2003, the Department of Insurance regulated Florida's title insurance industry. As part of the 2002 Cabinet reorganization, the Legislature gave the Department of Financial Services responsibility to regulate title insurance agents and agencies. The Legislature assigned the Office of Insurance Regulation responsibility for regulating title insurance companies. Divided oversight of the title insurance industry creates challenges related to standards for agent licensing and oversight, rate setting, and payment of the title insurance premium tax.

Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
government, government support, government operations, title policy, title insurance, title agents, title insurers, insurance, closing costs