Florida Statute 20.121 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

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F.S. 20.121

20.121 Department of Financial Services.—There is created a Department of Financial Services.

(1) DEPARTMENT HEAD.—The head of the Department of Financial Services is the Chief Financial Officer who may also be known as the Treasurer.

(2) DIVISIONS.—The Department of Financial Services shall consist of the following divisions and office:

(a) The Division of Accounting and Auditing.

(b) The Division of Consumer Services.

(d) The Division of Insurance Agent and Agency Services.

(e) The Division of Criminal Investigations, which shall function as a criminal justice agency for purposes of ss. 943.045-943.08. The division may initiate and conduct investigations into any matter under the jurisdiction of the Chief Financial Officer and Fire Marshal within or outside of this state as it deems necessary.

(f) The Division of Rehabilitation and Liquidation.

(g) The Division of Risk Management.

(h) The Division of State Fire Marshal.

(i) The Division of Treasury, which shall include a Bureau of Deferred Compensation responsible for administering the Government Employees Deferred Compensation Plan established under s. 112.215 for state employees.

(j) The Division of Unclaimed Property.

(k) The Division of Workers’ Compensation.

(l) The Division of Administration.

(m) The Office of Insurance Consumer Advocate.

(3) FINANCIAL SERVICES COMMISSION.—Effective January 7, 2003, there is created within the Department of Financial Services the Financial Services Commission, composed of the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture, which shall for purposes of this section be referred to as the commission. Commission members shall serve as agency head of the Financial Services Commission. The commission shall be a separate budget entity and shall be exempt from the provisions of s. 20.052. Commission action shall be by majority vote consisting of at least three affirmative votes. The commission shall not be subject to control, supervision, or direction by the Department of Financial Services in any manner, including purchasing, transactions involving real or personal property, personnel, or budgetary matters.

(a) Structure.—The major structural unit of the commission is the office. Each office shall be headed by a director. The following offices are established:

1. The Office of Insurance Regulation, which shall be responsible for all activities concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct, claims, issuance of certificates of authority, solvency, viatical settlements, premium financing, and administrative supervision, as provided under the insurance code or chapter 636. The head of the Office of Insurance Regulation is the Director of the Office of Insurance Regulation, who may also be known as the Commissioner of Insurance Regulation.

2. The Office of Financial Regulation, which shall be responsible for all activities of the Financial Services Commission relating to the regulation of banks, credit unions, other financial institutions, finance companies, and the securities industry. The head of the office is the Director of the Office of Financial Regulation, who may also be known as the Commissioner of Financial Regulation. The Office of Financial Regulation shall include a Bureau of Financial Investigations, which shall function as a criminal justice agency for purposes of ss. 943.045-943.08 and shall have a separate budget. The bureau may conduct investigations within or outside this state as the bureau deems necessary to aid in the enforcement of this section. If, during an investigation, the office has reason to believe that any criminal law of this state has or may have been violated, the office shall refer any records tending to show such violation to state or federal law enforcement or prosecutorial agencies and shall provide investigative assistance to those agencies as required.

(b) Organization.—The commission shall establish by rule any additional organizational structure of the offices. It is the intent of the Legislature to provide the commission with the flexibility to organize the offices in any manner they determine appropriate to promote both efficiency and accountability.

(c) Powers.—Commission members shall serve as the agency head for purposes of rulemaking under ss. 120.536-120.565 by the commission and all subunits of the commission. Each director is agency head for purposes of final agency action under chapter 120 for all areas within the regulatory authority delegated to the director’s office.

(d) Appointment and qualifications of directors.—The commission shall appoint or remove each director by a majority vote consisting of at least three affirmative votes, with both the Governor and the Chief Financial Officer on the prevailing side. The minimum qualifications of the directors are as follows:

1. Prior to appointment as director, the Director of the Office of Insurance Regulation must have had, within the previous 10 years, at least 5 years of responsible private sector experience working full time in areas within the scope of the subject matter jurisdiction of the Office of Insurance Regulation or at least 5 years of experience as a senior examiner or other senior employee of a state or federal agency having regulatory responsibility over insurers or insurance agencies.

2. Prior to appointment as director, the Director of the Office of Financial Regulation must have had, within the previous 10 years, at least 5 years of responsible private sector experience working full time in areas within the subject matter jurisdiction of the Office of Financial Regulation or at least 5 years of experience as a senior examiner or other senior employee of a state or federal agency having regulatory responsibility over financial institutions, finance companies, or securities companies.

(e) Administrative support.—The offices shall have a sufficient number of attorneys, examiners, investigators, other professional personnel to carry out their responsibilities and administrative personnel as determined annually in the appropriations process. The Department of Financial Services shall provide administrative and information systems support to the offices.

(f) Records retention schedules.—The commission and the offices may destroy general correspondence files and also any other records that they deem no longer necessary to preserve in accordance with retention schedules and destruction notices established under rules of the Division of Library and Information Services, records and information management program, of the Department of State. Such schedules and notices relating to financial records of the commission and offices shall be subject to the approval of the Auditor General.

(g) Records storage.—The commission and offices may photograph, microphotograph, or reproduce on film such documents and records as they may select, in such manner that each page will be exposed in exact conformity with the original. After reproduction and filing, original documents and records may be destroyed in accordance with the provisions of paragraph (f).

(4) BOARD OF FUNERAL, CEMETERY, AND CONSUMER SERVICES.—The Board of Funeral, Cemetery, and Consumer Services is created within the Division of Funeral, Cemetery, and Consumer Services of the Department of Financial Services.

(5) TRANSITIONAL RULES.—Effective January 7, 2003, the rules of the Department of Banking and Finance and of the Department of Insurance that were in effect on January 6, 2003, shall become rules of the Department of Financial Services or the Financial Services Commission as is appropriate to the corresponding regulatory or constitutional function and shall remain in effect until specifically amended or repealed in the manner provided by law.

History.—ss. 2, 4, ch. 2002-404; s. 69, ch. 2003-261; s. 134, ch. 2004-301; s. 1, ch. 2004-370; ss. 6, 147, ch. 2004-390; s. 2, ch. 2008-132; s. 7, ch. 2010-144; s. 3, ch. 2011-59; s. 1, ch. 2014-123; s. 3, ch. 2016-165; s. 2, ch. 2018-102; s. 1, ch. 2021-113; s. 1, ch. 2023-144; s. 2, ch. 2024-140.

F.S. 20.121 on Google Scholar

F.S. 20.121 on Casetext

Amendments to 20.121

Arrestable Offenses / Crimes under Fla. Stat. 20.121

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 20.121.

Annotations, Discussions, Cases:

Cases Citing Statute 20.121

Total Results: 18

FLORIDA INTERNATIONAL UNIVERSITY v. SAMANTHA RAMOS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: -1281 Lower Tribunal No. 20-121 AP ________________

702-13 HOLDINGS, LLC, etc. v. GOTHAM ENTERPRISES 702 L.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-29T00:53:00-07:00

Snippet: CURIAM. Affirmed. 2 20-0121 District Court of Appeal of Florida fladistctapp

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Court: Fla. | Date Filed: 2020-11-11T23:53:00-08:00

Snippet: Interrogatories (11/20) - 121 - INSTRUCTIONS FOR

JOHN W. HOOD, JR. v. CITIGROUP MORTGAGE LOAN TRUST, ETC

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-28T00:53:00-07:00

Snippet: forthwith” remains suspended) and Executive Order 20-121 (extending, until 12:01 a.m. on June 2, 2020, Executive

PEARLINE WILLIAMS v. CITIMORTGAGE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-21T00:53:00-07:00

Snippet: forthwith” remains suspended) and Executive Order 20-121 (extending, until 12:01 a.m. on June 2, 2020, Executive

PEOPLE'S TRUST MGA, LLC v. JOSEF PESTA, INDIVIDUALLY, AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-18T00:53:00-07:00

Snippet: responsibility to supervise insurance rate-setting. See § 20.121, Fla. Stat. (2014). The courts must not usurp the

National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official capacity as Commissioner of the Florida Office of Insurance Regulation v. James F. Fee Jr., Individually

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-09T00:00:00-07:00

Citation: 219 So. 3d 172, 2017 WL 1908370, 2017 Fla. App. LEXIS 6518

Snippet: . Regulation, currently .David Altmaier. See §§ 20.121(3)(a)l., (4), Fla. Stat. (2015). Insurers

Florida Office of Insurance Regulation v. Florida Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-12T00:00:00-07:00

Citation: 159 So. 3d 945, 2015 Fla. App. LEXIS 3576

Snippet: as the Commissioner of Insurance Regulation.” § 20.121(3)(a)l., Fla. Stat. See also § 631.051, Fla. Stat

Castle Beach Club Condominium, Inc. v. Citizens Property Insurance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-01T00:00:00-07:00

Citation: 96 So. 3d 964, 2012 Fla. App. LEXIS 12354, 2012 WL 3101528

Snippet: Florida’s Financial Services Commission, see § 20.121(3), Fla. Stat. (2011); § 627.351(6)(a)2.; and is

Office of Insurance Regulation v. Service Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-10T00:00:00-08:00

Citation: 50 So. 3d 637, 2010 Fla. App. LEXIS 17145, 2010 WL 4483716

Snippet: reorganization statute. Ch. 2002-404, § 2, Laws of Fla.; § 20.121, Fla. Stat. (2002). In 2008, the Legislature amended

State Department of Highway Safety & Motor Vehicles v. Rendon

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-21T00:00:00-08:00

Citation: 957 So. 2d 647, 2007 Fla. App. LEXIS 2366

Snippet: administrative processing charge of $1.50. Ch.2002-20, § 121 at p. 577, Laws of Fla. History of the Litigation…issuance of each disabled parking permit. Ch.2002-20, § 121, Laws of Fla. We express no opinion on the effect

STATE DEPT. OF HIGHWAY SAFETY v. Rendon

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-20T23:53:00-08:00

Citation: 957 So. 2d 647

Financial Services Commission v. FLORIDA INSURANCE COUNCIL, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-15T00:53:00-07:00

Citation: 938 So. 2d 545

Snippet: Florida Administrative Law Weekly. We affirm. Section 20.121(3)(c), Florida Statutes, provides that the Commission

Office of Fire Code v. Florida Dfs

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-30T23:53:00-08:00

Citation: 869 So. 2d 1233

Snippet: the [DFS] is the Chief Financial Officer." § 20.121(1), Fla. Stat. (2003). The Chief Financial Officer…Division of State Fire Marshal is a part of the DFS, § 20.121(2)(b). The State Fire Marshal thus acts through

State v. Rendon

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-29T23:53:00-08:00

Citation: 832 So. 2d 141

Snippet: administrative processing charge of $1.50. Ch.2002-20, § 121 at p. 577, Laws of Fla. History of the Litigation

SONEET R. KAPILA, PA v. Giuseppe America, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-17T00:53:00-07:00

Citation: 817 So. 2d 866

Snippet: then paid. One more invoice followed in June for $20,121, which was paid before the Jan Bell case went to

In re Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

Citation: 674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Snippet: Statutes. (d) Agreement to Enter into Section 440.20(121), Florida Statutes, Settlement. Any mediation agreement…of any class of benefits pursuant to section 440.20(121), Florida Statutes, shall not be approved or become

Smith v. Crest Products

Court: Fla. Dist. Ct. App. | Date Filed: 1994-10-11T00:00:00-07:00

Citation: 643 So. 2d 672, 1994 Fla. App. LEXIS 9662, 1994 WL 549486

Snippet: industrial accident of June 11,1990. Ch. 90-201, §§ 20,121, at 940,1042, Laws of Fla. The employer and carrier