Government Unit Best Practices

• The public entity must periodically bid or document and approve the reason not to bid, ensuring compliance with procurement regulations. 

• Fair and open competition is essential to demonstrate stewardship to the public and is mandated by law, which is crucial for any Florida Insurance Consultant. 

• Good insurance industry business practices and documentation must be utilized, especially by those acting as a benefits advisor. 

• Reliance on SBE Rule 6A-1.012 to avoid bidding does not apply to state procurement law, highlighting the need for a licensed insurance consultant's guidance. 

• Assumed vendor dominance does not eliminate the requirement to bid, reinforcing the importance of transparency in insurance consulting. 

• An agent providing procurement services for competitive bids may not satisfy state procurement laws, making it imperative to consult with a qualified professional. 

• A board cannot exempt competitive procurements by board policy, which is vital for understanding what is benefit avail in the context of public contracts.

A conflict of interest occurs when an entity or individual, such as a licensed insurance consultant or benefits advisor, becomes unreliable due to a clash between personal interests and professional duties. This situation arises when a company or person has a vested interest, like money, status, relationships, or reputation, which questions the impartiality of their actions, judgment, evaluation, and decision-making. In such cases, the party involved often voluntarily removes themselves or may be legally required to do so. Both perceived and actual conflicts of interest must be identified and eliminated to comply with Florida Statute, especially in the realm of insurance consulting, where integrity is crucial. Understanding what is benefit avail is essential in navigating these complexities.

Several factors should be considered when working with a Florida Insurance Consultant, such as the requirement that insurance contracts must be delivered by a properly licensed and appointed agent. This licensed insurance consultant must receive the usual and customary commission, and no agent can receive both a fee and a commission on the same product. The distinction between agents can be blurred, as both act as intermediaries, receive remuneration from carriers, deliver contracts, and are authorized to effectuate the contracts. Agents, including benefits advisors, legally and appropriately earn compensation through multiple avenues, such as new business commissions, retention bonuses, book of business bonuses, overrides, sales prizes, and unaffiliated business influence. These practices are typical in the insurance consulting industry and should be expected to be maximized by the agent. It is the responsibility of the client to eliminate the conflict of interest this creates and maximize the services received, ensuring they understand what benefits are available.