Title XXXVII, Insurance

“Person” includes an individual, insurer, company, association, organization, Lloyds, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation, agent, general agent, broker, service representative, adjuster, and every legal entit…

As used in the Insurance Code:(1) “Department” means the Department of Financial Services. The term does not mean the Financial Services Commission or any office of the Financial Services Commission.(2) “Commission” means the Financial Services Commission.(3) “Office” means the O…

(1) A “domestic” insurer is one formed under the laws of this state.(2) A “foreign” insurer is one formed under the laws of any state, district, territory, or commonwealth of the United States other than this state.(3) An “alien” insurer is an insurer other than a domestic or for…

Except as provided in s. 631.011, the “domicile” of an insurer means:(1) As to Canadian insurers, Canada and the province under the laws of which the insurer was formed.(2) As to other alien insurers authorized to transact insurance in one or more states, the state designated by …

Every foreign or alien insurer which is authorized to do business in this state and which, during its 3 preceding fiscal years taken together, or during any lesser period of time if it has been licensed to transact its business in this state only for the lesser period of time, ha…

When used in context signifying a jurisdiction other than the State of Florida, “state” means any state, district, territory, or commonwealth of the United States.History.—s. 8, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 15, 809(1st), ch. 82-243;…

(1) An “authorized” insurer is one duly authorized by a subsisting certificate of authority issued by the office to transact insurance in this state.(2) An “unauthorized” insurer is one not so authorized.History.—s. 9, ch. 59-205; s. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch…

As used in the Florida Insurance Code, the term:(1) “Affiliate” means an entity that exercises control over or is directly or indirectly controlled by the insurer through:(a) Equity ownership of voting securities;(b) Common managerial control; or(c) Collusive participation by the…

Any regulated company as defined in s. 350.111, any electric utility as defined in s. 366.02(4), any utility as defined in s. 367.021(12) or s. 367.022(2) and (7), and any provider of communications services as defined in s. 202.11(1) may charge for and include an optional waiver…

A liability insurer who owes a duty to defend an insured and who defends the insured against a claim, suit, or other action has a right of contribution for defense costs against any other liability insurer who owes a duty to defend the insured against the same claim, suit, or oth…

(1) No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code.(2) Any risk retention group organized and existing under the provisions …

If, during an investigation or examination, the office has reason to believe that any criminal law of this state has or may have been violated, the office shall refer any relevant records and information to the Division of Criminal Investigations, state or federal law enforcement…

No provision of this code shall apply with respect to fraternal benefit societies (as identified in chapter 632), except as stated in chapter 632.History.—s. 12, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. …

(1) International health insurance policies and applications may be solicited and sold in this state at any international airport to a resident of a foreign country. Such international health insurance policies shall be solicited and sold only by a licensed health insurance agent…

Any person may, in exchange for fees, dues, charges, or other consideration, provide any of the following services related to the ownership, operation, use, or maintenance of a motor vehicle without being deemed an insurer and without being subject to the provisions of this code:…

(1) Any person may, in exchange for fees, charges, or other consideration, solicit, offer, provide, enter into, issue, or deliver a motor vehicle service agreement indemnifying the service agreement holder against loss caused by the failure of any mechanical or component part or …

(1) Any beneficial, relief, or mutual aid society, however organized, established prior to 1935 and formed by a religious organization, which religious organization qualifies as an exempt religious organization under Title 26, s. 501, of the Internal Revenue Code, and which socie…

(1) A nonprofit religious organization is not subject to the requirements of the Florida Insurance Code if the nonprofit religious organization:(a) Qualifies under Title 26, s. 501 of the Internal Revenue Code of 1986, as amended;(b) Limits its participants to those members who s…

A political subdivision of this state which, on October 1, 1991, was operating an emergency medical services system established by special act and offers a prepaid ambulance service plan as part of its emergency medical services system shall, with respect to the prepaid ambulance…

A licensed insurance agent shall not be prohibited or excluded from competing or negotiating for any insurance product or plan purchased, provided, or endorsed by a state agency or any political subdivision of this state on the basis of the compensation, contractual or employment…

Any other provision of the Florida Statutes to the contrary notwithstanding, the deductible or copayment provision of any insurance policy shall not be applicable to a person determined eligible pursuant to the Florida Crimes Compensation Act, excluding s. 960.28.History.—s. 17, …

(1) Any person may, in exchange for fees, dues, charges, or other consideration, not exceeding $300 annually (adjusted for increases in the Consumer Price Index after 1994) for each covered individual, provide services involving the registration of natural persons and related ser…

Provisions of this code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.History.—s. 13, ch. 59-205; s. 3, ch. 76…

(1) Each willful violation of this code or rule of the department, office, or commission as to which a greater penalty is not provided by another provision of this code or rule of the department, office, or commission or by other applicable laws of this state is a misdemeanor of …

(1) Any person may bring a civil action against an insurer when such person is damaged:(a) By a violation of any of the following provisions by the insurer:1. Section 626.9541(1)(i), (o), or (x);2. Section 626.9551;3. Section 626.9705;4. Section 626.9706;5. Section 626.9707; or6.…

Notwithstanding any provision of s. 624.155 to the contrary, in any claim for extracontractual damages under s. 624.155(1)(b), no action shall lie until a named or omnibus insured or a named beneficiary has established through an adverse adjudication by a court of law that the pr…

The provisions of s. 768.79 apply to any civil action involving an insurance contract.History.—s. 5, ch. 2023-15.

Every form of insurance document and every rate or other filing lawfully in use immediately prior to October 1, 1959, may continue to be so used or be effective until the commission or office otherwise prescribes pursuant to this code.History.—s. 811, ch. 59-205; ss. 13, 35, ch. …

Each amendment to this code shall be construed to operate prospectively, unless a contrary legislative intent is specified.History.—s. 4, ch. 82-386; s. 1, ch. 86-286; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

(1) LEGISLATIVE INTENT.—The Legislature finds that there is an increasing number of proposals which mandate that certain health benefits be provided by insurers and health maintenance organizations as components of individual and group policies. The Legislature further finds that…

(1) As used in this section, the term:(a) “Consumer” means:1. A prospective purchaser, purchaser, or beneficiary of, or applicant for, any product or service regulated under the Florida Insurance Code, and a family member or dependent of a consumer.2. An employee seeking assistan…

If the department or office determines that any portion of a record that is requested by a person is exempt pursuant to chapter 119, the insurance code, or chapter 641, the department or office shall disclose to the person in writing that the requested record will be provided in …

(1) A person may not be compelled to purchase health insurance, except as a condition of:(a) Public employment;(b) Voluntary participation in a state or local benefit;(c) Operating a dangerous instrumentality;(d) Undertaking an occupation having a risk of occupational injury or i…

A provision of the Florida Insurance Code, or rule adopted pursuant to the code, applies unless such provision or rule prevents the application of a provision of PPACA. As used in this section, the term “PPACA” has the same meaning as provided in s. 627.402.History.—s. 1, ch. 201…

(1) As used in this section, the term “PPACA” has the same meaning as provided in s. 627.402.(2) When reviewing forms filed by health insurers or health maintenance organizations pursuant to s. 627.410 or s. 641.31(3) for compliance with state law, the office may also review such…

(1) As used in this section, the term:(a) “Direct health care agreement” means a contract between a health care provider and a patient, a patient’s legal representative, or a patient’s employer, which meets the requirements of subsection (4) and does not indemnify for services pr…

The department shall establish and maintain offices at the State Capitol in Tallahassee, and in such other places throughout the state as it designates. The Office of Insurance Regulation shall establish and maintain offices in Tallahassee and in such other places throughout the …

(1) The department, commission, and office shall each have an official seal by which its respective proceedings are authenticated.(2) All certificates executed by the department or office, other than licenses of agents, or adjusters or similar licenses or permits, shall bear its …

(1) The department and office shall enforce the provisions of this code and shall execute the duties imposed upon them by this code, within the respective jurisdiction of each, as provided by law.(2) The department shall have the powers and authority expressly conferred upon it b…

(1) The department and the commission may each adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon the department or the commission, respectively.(2) In addition to any other penalty provided, willful violation of any such rule …

(1) DEFINITIONS.—For the purposes of this section, the term:(a) “Affiliated party” means any person who directs or participates in the conduct of the affairs of a licensee and who is:1. A director, officer, employee, trustee, committee member, or controlling stockholder of a lice…

A person, other than a person filing a required report or other required information, who provides the department, commission, or office with information about the financial condition of an insurer is immune from civil liability arising out of the provision of the information unl…

(1) Except as provided in this section, the department, commission, and office shall each preserve in permanent form records of its proceedings, hearings, investigations, and examinations and shall file such records in its office.(2) The records of insurance claim negotiations of…

(1) Photographs or microphotographs in the form of film or prints, or other reproductions from an electronic record-keeping system, of documents and records made under s. 624.311(3), or made under former s. 624.311(3) before October 1, 1982, shall have the same force and effect a…

(1) As early as reasonably possible, the office shall annually have printed and made available a statistical report which must include all of the following information on either a calendar year or fiscal year basis:(a) A summary of all information reported to the office under s. …

The department and office shall each deposit all moneys received from the sale of publications under s. 624.313 in the Insurance Regulatory Trust Fund for the purpose of paying costs for the preparation, printing, and delivery of the publications mentioned in s. 624.313(2), packa…