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Florida Statutes, Title XXXVII

Florida/Statutes

← All Florida coverage

Title XXXVII, Insurance

19 chapters · 2,278 sections in this title.

All chapters in Title XXXVII2,278 Ch 627, Insurance Rates and Contracts626 Ch 626, Insurance Field Representatives and …368 Ch 624, Insurance Code: Administration and G…222 Ch 641, Health Care Service Programs165 Ch 634, Warranty Associations154 Ch 631, Insurer Insolvency; Guaranty of Payment150 Ch 628, Stock and Mutual Insurers; Holding C…100 Ch 633, Fire Prevention and Control89 Ch 636, Prepaid Limited Health Service Organ…79 Ch 625, Accounting, Investments, and Deposit…78 Ch 651, Continuing Care Contracts54 Ch 648, Bail Bond Agents49 Ch 629, Reciprocal Insurers35 Ch 632, Fraternal Benefit Societies35

368 sections·Filtered byTitle XXXVII✕Ch 626✕

Fla. Stat. § 626.915 Surplus lines insurance authorized
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If certain insurance coverages of subjects resident, located, or to be performed in this state cannot be procured from authorized insurers, such coverages, hereinafter designated “surplus lines,” may be procured from unauthorized insurers, subject to the following conditions:(1) …
Fla. Stat. § 626.916 Eligibility for export
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(1) No insurance coverage shall be eligible for export unless it meets all of the following conditions:(a) The premium rate at which the coverage is exported shall not be lower than that rate applicable, if any, in actual and current use by a majority of the authorized insurers f…
Fla. Stat. § 626.917 Eligibility for export; wet marine and transportation, aviation risks
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(1) Insurance coverage of wet marine and transportation risks, as defined in this code in s. 624.607(2), or aviation risks, including airport and products liability incidental thereto and hangarkeeper’s liability, may be exported under the following conditions:(a) The insurance m…
Fla. Stat. § 626.918 Eligible surplus lines insurers
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(1) A surplus lines agent may not place any coverage with any unauthorized insurer which is not then an eligible surplus lines insurer, except as permitted under subsections (5) and (6).(2) An unauthorized insurer may not be or become an eligible surplus lines insurer unless made…

Showing 251–300 of 368

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Fla. Stat. § 626.9181 Levy upon deposit

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No judgment creditor or other claimant of a surplus lines insurer shall have the right to levy upon any of the assets or securities held in this state as a deposit under s. 626.918.History.—s. 34, ch. 85-321; s. 207, ch. 90-363; s. 4, ch. 91-429.

Fla. Stat. § 626.919 Withdrawal of eligibility; surplus lines insurer

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(1) If at any time the office has reason to believe that any unauthorized insurer then on the list of eligible surplus lines insurers is insolvent or in unsound financial condition, or does not make reasonable prompt payment of just losses and claims in this state, or that it is …

Fla. Stat. § 626.9201 Notice of cancellation or nonrenewal

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(1) An insurer issuing a policy providing coverage for property, casualty, surety, or marine insurance must give the first named insured at least 45 days’ advance written notice of nonrenewal. If the policy is not to be renewed, the written notice shall state the reasons as to wh…

Fla. Stat. § 626.9202 Loss run statements for all lines of insurance

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(1) As used in this section, the term:(a) “Loss run statement” means a report that contains the policy number, the period of coverage, the number of claims, the paid losses on all claims, and the date of each loss. The term does not include supporting claim file documentation, in…

Fla. Stat. § 626.921 Florida Surplus Lines Service Office

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(1) There is hereby created a nonprofit association to be known as the Florida Surplus Lines Service Office. The Legislature hereby finds and declares that the establishment of a surplus lines self-regulating organization is necessary to establish a system that will permit better…

Fla. Stat. § 626.922 Evidence of the insurance; changes; penalty

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(1) Upon placing a surplus lines coverage, the surplus lines agent shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if such policy is not then available, a certificate, cover note, or other conf…

Fla. Stat. § 626.923 Filing copy of policy or certificate

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A surplus lines agent shall, within 30 days after the date of a request by the department or the Florida Surplus Lines Service Office, furnish an exact copy of any and all requested policies, including applications, certificates, cover notes, or other forms of confirmation of ins…

Fla. Stat. § 626.924 Information required on contract

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(1) Each surplus lines agent through whom a surplus lines coverage is procured shall write or print on the outside of the policy and on any certificate, cover note, or other confirmation of the insurance his or her name, address, and identification number and the name and address…

Fla. Stat. § 626.925 Surplus lines insurance valid

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Insurance contracts procured as surplus lines coverages from unauthorized insurers in accordance with this law shall be fully valid and enforceable as to all parties and shall be given acceptance and recognition in all matters and respects to the same effect and extent as like co…

Fla. Stat. § 626.926 Liability of insurer as to losses and unearned premiums

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(1) If an unauthorized insurer or a person authorized by it has bound the risk as to a surplus lines coverage placed under this Surplus Lines Law, and if the premium therefor has been received by the surplus lines agent or originating agent who placed such insurance, then in all …

Fla. Stat. § 626.927 Licensing of surplus lines agent

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(1) Any individual, while licensed as a general lines agent under this code, and who has a minimum of 1 year of experience working for a licensed surplus lines agent or who has successfully completed 60 class hours in surplus and excess lines in a course approved by the departmen…

Fla. Stat. § 626.9271 Temporary license; death, disability, absence of surplus lines agent

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(1) The department may, in its discretion, issue a temporary license and appointment as a surplus lines agent to a licensed surplus lines agent’s employee, family member, business associate, or personal representative for the purpose of continuing or winding up the business affai…

Fla. Stat. § 626.9272 Licensing of nonresident surplus lines agents

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(1) The department may, upon written application and the payment of the fees specified in s. 624.501, issue a nonresident surplus lines agent license to a nonresident individual licensed in his or her home state as a resident general lines and a resident surplus lines agent and o…

Fla. Stat. § 626.929 Origination, acceptance, placement of surplus lines business

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(1) A licensed and appointed general lines agent while also licensed and appointed as a surplus lines agent under this part may originate surplus lines business and may accept surplus lines business from any other originating Florida-licensed general lines agent appointed and lic…

Fla. Stat. § 626.9295 Corporations, liability of agent

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Any surplus lines insurance agent who is an officer, director, stockholder, or employee of an incorporated surplus lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code commi…

Fla. Stat. § 626.930 Records of surplus lines agent

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(1) Each surplus lines agent shall keep in his or her office in this state, or in the agent’s state of residence for a nonresident who does not have an office in this state, a full and true record for a period of 5 years of each surplus lines contract, including applications and …

Fla. Stat. § 626.931 Agent affidavit and insurer reporting requirements

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(1) Each surplus lines agent that has transacted business during a calendar quarter shall on or before the 45th day following the calendar quarter file with the Florida Surplus Lines Service Office an affidavit, on forms as prescribed and furnished by the Florida Surplus Lines Se…

Fla. Stat. § 626.932 Surplus lines tax

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(1) The premiums charged for surplus lines coverages are subject to a premium receipts tax of 4.94 percent of all gross premiums charged for such insurance. The surplus lines agent shall collect from the insured the amount of the tax at the time of the delivery of the cover note,…

Fla. Stat. § 626.9325 Service fee

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(1) The premiums charged for surplus lines insurance are subject to a service fee as provided in s. 626.921(3)(f). The surplus lines agent shall collect from the insured the amount of the fee at the time of the delivery of the policy, or other initial confirmation of insurance, i…

Fla. Stat. § 626.933 Collection of tax and service fee

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If the tax or service fee payable by a surplus lines agent under the Surplus Lines Law is not so paid within the time prescribed, it shall be recoverable in a suit brought by the department against the surplus lines agent. The department may authorize the Florida Surplus Lines Se…

Fla. Stat. § 626.934 Accounting for funds; contingent commissions

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The following sections also apply as to surplus lines agents:(1) Section 626.561.(2) Section 626.581.(3) Section 626.591.History.—s. 373, ch. 59-205; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429.

Fla. Stat. § 626.935 Suspension, revocation, or refusal of surplus lines agent’s license

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(1) The department shall deny an application for, suspend, revoke, or refuse to renew the appointment of a surplus lines agent and all other licenses and appointments held by the licensee under this code, on any of the following grounds:(a) Removal of the licensee’s office from t…

Fla. Stat. § 626.936 Failure to file reports or pay tax or service fee; administrative penalty

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(1) Any licensed surplus lines agent who neglects to file a report or an affidavit in the form and within the time required or provided for in the Surplus Lines Law may be fined up to $50 per day for each day the neglect continues, beginning the day after the report or affidavit …

Fla. Stat. § 626.9361 Failure to file report; administrative penalty

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Any eligible surplus lines insurer who fails to file a report in the form and within the time required or provided for in the Surplus Lines Law may be fined up to $500 per day for each day such failure continues, beginning the day after the report was due, until the date the repo…

Fla. Stat. § 626.9362 Cooperative reciprocal agreement authorized for collection and allocation of certain nonadmitted insurance taxes

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(1) The Department of Financial Services and the Office of Insurance Regulation may enter into a cooperative reciprocal agreement with another state or group of states for the purpose of, but not limited to, the collection and allocation of nonadmitted insurance taxes for multist…

Fla. Stat. § 626.937 Actions against insurer; service of process

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(1) An unauthorized insurer may be sued upon any cause of action arising in this state under any surplus lines insurance contract issued by it or any certificate, cover note, or other confirmation of such insurance issued by the surplus lines agent, pursuant to the same procedure…

Fla. Stat. § 626.9371 Payment of premiums and claims

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(1) The premiums for surplus lines insurance contracts issued on or after October 1, 2009, in this state or covering risks located in this state shall be paid in cash consisting of coins, currency, checks, or money orders or by using a debit card, credit card, automatic electroni…

Fla. Stat. § 626.9372 Disclosure statement of certain information required; liability claims

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(1) Each insurer that provides or may provide liability insurance coverage to pay all or a portion of any claim that might be made under surplus lines policies issued on or after October 1, 2009, shall provide, within 60 days after the written request of the claimant, a statement…

Fla. Stat. § 626.9374 Liability of insureds; deductible and coinsurance

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(1) Any surplus lines, personal lines residential property insurance policy issued on or after October 1, 2009, containing a separate hurricane or wind deductible must on its face include in at least 14-point, boldface type the following statement: THIS POLICY CONTAINS A SEPARATE…

Fla. Stat. § 626.938 Report and tax of independently procured coverages

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(1) Every insured who in this state procures or causes to be procured or continues or renews insurance from another state or country with an unauthorized foreign or alien insurer legitimately licensed in that jurisdiction, or any self-insurer who in this state so procures or cont…

Fla. Stat. § 626.939 Records produced on order

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(1) Every person by or as to whom insurance is procured or placed in an unauthorized insurer, upon the order of the department, shall produce for examination by the department, or by the authorized representative of the department, all policies and other documents evidencing the …

Fla. Stat. § 626.951 Declaration of purpose

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(1) The purpose of this part is to regulate trade practices relating to the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Pub. L. No. 15, 79th Congress), by defining, or providing for the determination of, al…

Fla. Stat. § 626.9511 Definitions

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When used in this part:(1) “Person” means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or business trust or any entity involved in the business of insurance.(2) “Insurance policy” or “insuranc…

Fla. Stat. § 626.9521 Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties

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1(1) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance.(2) Except as…

Fla. Stat. § 626.9531 Identification of insurers, agents, and insurance contracts

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(1) Advertising materials and other communications developed by insurers, or other risk bearing entities authorized under this code and approved by the office to do business in this state, regarding insurance products shall clearly indicate that the communication relates to insur…

Fla. Stat. § 626.9541 Unfair methods of competition and unfair or deceptive acts or practices defined

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(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.—The following are defined as unfair methods of competition and unfair or deceptive acts or practices:(a) Misrepresentations and false advertising of insurance policies.—Knowingly making, issuing, circulating, or caus…

Fla. Stat. § 626.9543 Holocaust victims

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(1) SHORT TITLE.—This section may be cited as the “Holocaust Victims Assistance Act.”(2) INTENT; PURPOSE.—It is the Legislature’s intent that the potential and actual insurance claims, actual financial claims, and the assets and property of Holocaust victims and their heirs and b…

Fla. Stat. § 626.9545 Improper charge identification incentive program

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No section or provision of the Florida Insurance Code shall be construed as prohibiting an insurer from establishing a financial incentive program for remunerating a policyholder or an insured person with a selected percentage or stated portion of any health care charge identifie…

Fla. Stat. § 626.9551 Favored agent or insurer; coercion of debtors

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(1) No person may:(a) Require, as a condition precedent or condition subsequent to the lending of money or extension of credit or any renewal thereof, that the person to whom such money or credit is extended, or whose obligation the creditor is to acquire or finance, negotiate an…

Fla. Stat. § 626.9561 Power of department and office

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The department and office shall each have power within its respective regulatory jurisdiction to examine and investigate the affairs of every person involved in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair …

Fla. Stat. § 626.9571 Defined practices; hearings, witnesses, appearances, production of books and service of process

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(1) Whenever the department or office has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in s. 626.9541 or s. 626.9551 or is engaging in the business of insuran…

Fla. Stat. § 626.9581 Cease and desist and penalty orders

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After the hearing provided in s. 626.9571, the department or office shall enter a final order in accordance with s. 120.569. If it is determined that the person charged has engaged in an unfair or deceptive act or practice or the unlawful transaction of insurance, the department …

Fla. Stat. § 626.9591 Appeals from the department or office

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Any person subject to an order of the department or office under s. 626.9581 or s. 626.9601 may obtain a review of such order by filing an appeal therefrom in accordance with the provisions and procedures for appeal from the orders of the department or office in general under s. …

Fla. Stat. § 626.9601 Penalty for violation of cease and desist orders

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Any person who violates a cease and desist order of the department or office under s. 626.9581 while such order is in effect, after notice and hearing as provided in s. 626.9571, shall be subject, at the discretion of the department or office, to any one or more of the following:…

Fla. Stat. § 626.9611 Rules

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(1) The department or commission may, in accordance with chapter 120, adopt reasonable rules as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by s. 626.9541 or s. 626.9551, but the rules shall not enlarge upon or ext…

Fla. Stat. § 626.9621 Provisions of part additional to existing law

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The powers vested in the department, commission, and office by this part shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law.History.—s. 9, ch. 76-260; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 1037, c…