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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

626 sections·Filtered byTitle XXXVII✕Ch 627✕

Fla. Stat. § 627.841 Delinquency, collection, cancellation, and check return charges; attorney’s fees
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(1) A premium finance agreement may provide for the payment by the insured of a delinquency and collection charge on each installment in default for a period of not less than 5 days in an amount not to exceed $10 or 5 percent of the delinquent installment, whichever is greater; p…
Fla. Stat. § 627.842 Restrictions on premium finance agreements
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No premium finance agreement or contract ancillary thereto shall contain any provision by which:(1) In the absence of default of the insured, the premium finance company holding the agreement may, arbitrarily and without reasonable cause, accelerate the maturity of any part or al…
Fla. Stat. § 627.843 Delivery of copy of premium finance agreement
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Before the due date of the first installment payable under a premium finance agreement, the premium finance company holding the agreement or the insurance agent shall deliver to the insured, or mail to the insured at her or his address as shown in the agreement, a copy thereof or…
Fla. Stat. § 627.844 Assignment of premium finance agreement
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(1) A premium finance company may purchase or otherwise acquire a premium finance agreement from another premium finance company with recourse against the other premium finance company on such terms and conditions as may be mutually agreed upon.(2) No filing of an assignment or n…

Fla. Stat. § 627.845 Statement of account; receipts

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(1) At any time after the execution of a premium finance agreement, but not later than 1 year after the last payment thereunder, the premium finance company holding the premium finance agreement shall, upon written request of the insured, give or mail to her or him a written stat…

Fla. Stat. § 627.847 Extensions or deferrals

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A premium finance company may, upon agreement with the insured, extend the scheduled due date or defer the scheduled payment of all or any part of any installment or installments payable thereunder. The agreement for such extension or deferment must be in writing and signed by th…

Fla. Stat. § 627.848 Cancellation of insurance contract upon default

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(1) When a premium finance agreement contains a power of attorney or other authority enabling the premium finance company to cancel any insurance contract listed in the agreement, the insurance contract shall not be canceled unless cancellation is in accordance with the following…

Fla. Stat. § 627.849 Fees

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(1) The office shall collect in advance, and the persons so served shall pay to it in advance, the following fees:(a) Annual license fee..........$250(b) Investigation fee..........100(c) Annual report filing fee..........25(2) The fees received under this section shall be credit…

Fla. Stat. § 627.901 Premium financing by an insurance agent or agency

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(1) A general lines agent may make reasonable service charges for financing insurance premiums on policies issued or business produced by such an agent or agency, s. 626.9541 notwithstanding. The service charge shall not exceed $3 per installment. The maximum service charge shall…

Fla. Stat. § 627.902 Premium financing by an insurer or subsidiary

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(1) An insurer, a subsidiary of an insurer, or a corporation under substantially the same management or control as an authorized insurer or group of authorized insurers may finance property, casualty, surety, and marine insurance premiums on policies issued or business produced b…

Fla. Stat. § 627.903 Premium finance cost specified

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(1) When premium financing service charges or interest is included in the overall price or cost of insurance, the insurer, insurance agent, or agency shall separately state and identify the amount of service charges or interest to be paid for the financing of such premiums.(2) Al…

Fla. Stat. § 627.904 Insurer filing; approval of forms; service charge filing

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An insurer, a subsidiary of an insurer, or a corporation under substantially the same management or control as an authorized insurer or group of authorized insurers shall file premium finance agreement forms or related forms and the service charge or interest rate plan to be char…

Fla. Stat. § 627.911 Scope of this part

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Any insurer transacting insurance in this state shall report information as required by this part.History.—ss. 618, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318.

Fla. Stat. § 627.912 Professional liability claims and actions; reports by insurers and health care providers; annual report by office

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(1)(a) Each self-insurer authorized under s. 627.357 and each commercial self-insurance fund authorized under s. 624.462, authorized insurer, surplus lines insurer, risk retention group, and joint underwriting association providing professional liability insurance to a practition…

Fla. Stat. § 627.9122 Officers’ and directors’ liability claims; reports by insurers

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(1) Each insurer providing coverage for officers’ and directors’ liability coverage shall report to the office any claim or action for damages claimed to have been caused by error, omission, or negligence in the performance of the officer’s or director’s services, if the claim re…

Fla. Stat. § 627.9126 Reports by liability insurers

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(1) Each insurer transacting commercial multiperil, products liability, commercial automobile liability, private passenger automobile liability, or other line of liability insurance shall maintain information as specified in this section. Such information shall be maintained for …

Fla. Stat. § 627.913 Reports by products liability insurers

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The office may require any insurer authorized to write a policy of products liability insurance in the state to transmit the following information, based on its statewide products liability insurance writings. Upon the request of the office, an insurer shall, within 60 days, subm…

Fla. Stat. § 627.914 Reports of information by workers’ compensation insurers required

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(1) The commission shall adopt rules and statistical plans that must thereafter be used by each insurer and self-insurance fund as defined in s. 624.461 in the recording and reporting of loss, expense, and claims experience, in order that the experience of all insurers and self-i…

Fla. Stat. § 627.915 Insurer experience reporting

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(1) Each insurer transacting private passenger automobile insurance in this state shall report certain information annually to the office. The information will be due on or before July 1 of each year. The information shall be divided into the following categories: bodily injury l…

Fla. Stat. § 627.917 Uniform risk classification reporting system for motor vehicle insurance

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(1) The commission shall establish and promulgate a uniform statewide reporting system to classify risks for the purpose of evaluating rates and premiums and for the purpose of evaluating competition and the availability of motor vehicle insurance in the voluntary market. The sys…

Fla. Stat. § 627.9175 Reports of information on health and accident insurance

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(1) Each health insurer, prepaid limited health services organization, and health maintenance organization shall submit, no later than April 1 of each year, to the office information concerning health and accident insurance coverage and medical plans being marketed and currently …

Fla. Stat. § 627.918 Reporting formats

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(1) The office shall require that the reporting provided for in this part be made on forms established by the commission or in a format compatible with the office’s electronic data processing equipment.(2) The reporting forms and formats established by the commission shall not pr…

Fla. Stat. § 627.919 Maintenance of insurance data

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The office shall maintain data elements required in insurers’ annual statements and information reported by insurers pursuant to this part in a computer file which will be available for the generation of reports and calculations on a scheduled or demand basis by the office and Le…

Fla. Stat. § 627.9401 Short title

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This part may be cited as the “Long-Term Care Insurance Act.”History.—ss. 1, 2, ch. 88-57; s. 114, ch. 92-318.

Fla. Stat. § 627.9402 Purpose

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The purpose of this part is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insur…

Fla. Stat. § 627.9403 Scope

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The provisions of this part shall apply to long-term care insurance policies delivered or issued for delivery in this state, and to policies delivered or issued for delivery outside this state to the extent provided in s. 627.9406, by an insurer, a fraternal benefit society as de…

Fla. Stat. § 627.9404 Definitions

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For the purposes of this part:(1) “Long-term care insurance policy” means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage on an expense-incurred, indemnity, prepaid, or other basis for one or more necessary or medically necessary diagn…

Fla. Stat. § 627.9405 Authorized groups; filing requirements

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(1) No group long-term care insurance policy shall be delivered or issued for delivery in this state insuring more than one individual unless issued to one of the following groups:(a) One or more employers or labor organizations, or a trust or the trustees of a fund established b…

Fla. Stat. § 627.9406 Out-of-state group long-term care insurance

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No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in s. 627.9405(1)(c) or (d), unless this state or such other state having statutory and regulatory long-term care insurance requ…

Fla. Stat. § 627.9407 Disclosure, advertising, and performance standards for long-term care insurance

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(1) STANDARDS.—The commission shall adopt rules that include standards for full and fair disclosure setting forth the manner, content, and required disclosures of the sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibilit…

Fla. Stat. § 627.94071 Minimum standards for home health care benefits

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A long-term care insurance policy, certificate, or rider that contains a home health care benefit must meet or exceed the minimum standards specified in this section. The policy, certificate, or rider may not exclude benefits by any of the following means:(1) Providing that home …

Fla. Stat. § 627.94072 Mandatory offers

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(1)(a) An insurer that offers a long-term care insurance policy, certificate, or rider in this state must offer, in addition to any other inflation protection, the option to purchase a policy that provides that benefit levels increase with benefit maximums or reasonable durations…

Fla. Stat. § 627.94073 Notice of cancellation; grace period

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(1) A long-term care policy shall provide that the insured is entitled to a grace period of not less than 30 days, within which payment of any premium after the first may be made. The insurer may require payment of an interest charge not in excess of 8 percent per year for the nu…

Fla. Stat. § 627.94074 Standards for benefit triggers

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(1)(a) A long-term care insurance policy shall condition the payment of benefits on a determination of the insured’s ability to perform activities of daily living and on cognitive impairment. Eligibility for the payment of benefits shall not be more restrictive than requiring eit…

Fla. Stat. § 627.94075 A qualified state Long-Term Care Insurance Partnership Program in Florida

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The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement applicable provisions of a qualified state Long-Term Care Insurance Partnership Program in Florida in accordance with the requirements of s. 1917(b) of the Social Security Act, as amended, any appli…

Fla. Stat. § 627.94076 Time limit on certain defenses

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Notwithstanding the provisions of s. 627.607, each long-term care insurance policy shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 years after its date of issue except for nonpayment of premiums.…

Fla. Stat. § 627.9408 Rules

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(1) The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this part.(2) The commission may adopt by rule the provisions of the Long-Term Care Insurance Model Regulation adopted by the National Association of Insurance Commissioners in the second quart…

Fla. Stat. § 627.941 Purpose

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The purpose of this part is to regulate the formation or operation of risk retention groups and purchasing groups in this state.History.—ss. 2, 5, ch. 87-282; s. 114, ch. 92-318.

Fla. Stat. § 627.942 Definitions

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As used in this part, unless the context otherwise requires:(1) “Completed operations liability” means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:(a) Any person who performs that work; or(b) Any p…

Fla. Stat. § 627.943 Risk retention groups certified in Florida

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(1) A risk retention group seeking to be certified in this state shall first obtain a permit pursuant to chapter 628. The risk retention group shall then be organized as a limited liability association or corporation under the laws of this state and shall obtain and maintain a ce…

Fla. Stat. § 627.944 Risk retention groups not certificated in this state

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Risk retention groups certificated or licensed in states other than this state and seeking to do business as a risk retention group in this state must observe and abide by the laws of this state as follows:(1) NOTICE OF OPERATIONS AND DESIGNATION OF CHIEF FINANCIAL OFFICER AS AGE…

Fla. Stat. § 627.945 Compulsory association

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(1) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insured, receive any benefit from any such fund for claims arising out of th…

Fla. Stat. § 627.946 Countersignatures not required

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A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned by a resident agent notwithstanding any other provision of the Florida Insurance Code to the contrary.History.—ss. 2, 5, ch. 87-282; s. 114, ch. 92-318.

Fla. Stat. § 627.947 Purchasing groups; exemption from certain insurer provisions

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Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance or to prohibition of group purchasing or to a…

Fla. Stat. § 627.948 Notice and registration requirements of purchasing groups

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(1) A purchasing group which intends to do business in this state shall furnish notice to the office which shall:(a) Identify the state in which the group is domiciled.(b) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase.…

Fla. Stat. § 627.949 Restrictions on insurance purchased by purchasing groups

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(1) In order to purchase insurance or coverage for a risk located in this state, which risk is a subject of insurance of a member of the purchasing group, a purchasing group shall only purchase insurance or coverage from:(a) A risk retention group that is certificated or licensed…

Fla. Stat. § 627.950 Administrative and procedural authority regarding risk retention and purchasing groups

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The office is authorized to make use of any of the powers established under the Florida Insurance Code to enforce the laws of this state so long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981 as amended by the Risk Retention Ame…

Fla. Stat. § 627.951 Penalties; cease and desist orders; injunctions

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(1) A risk retention group which violates any applicable provision of the Florida Insurance Code shall be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this state. In addition, any such…

Fla. Stat. § 627.952 Risk retention and purchasing group agents

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(1) Any person offering, soliciting, selling, purchasing, administering, or otherwise servicing insurance contracts, certificates, or agreements for any purchasing group or risk retention group to any resident of this state, either directly or indirectly, by the use of mail, adve…

Fla. Stat. § 627.953 Binding effect of orders issued in United States District Court

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An order issued by any district court of the United States enjoining a risk retention group from transacting, soliciting, or selling insurance or from operating in any state or in all states or in any territory or possession of the United States, upon a finding that such a group …