Florida Statutes

Fla. Stat. § 624.401 (2025)

Certificate of authority required.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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624.401 Certificate of authority required.—

(1) No person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the office, except as to such transactions as are expressly otherwise provided for in this code.

(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the office authorizing it to transact the same kind or kinds of insurance in this state.

(3) This state hereby preempts the field of regulating insurers and their agents and representatives; and no county, city, municipality, district, school district, or political subdivision shall require of any insurer, agent, or representative regulated under this code any authorization, permit, or registration of any kind for conducting transactions lawful under the authority granted by the state under this code.

(4)(a) Any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in this state without a certificate of authority in violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) However, any person acting as an insurer without a valid certificate of authority who violates this section commits insurance fraud, punishable as provided in this paragraph. If the amount of any insurance premium collected with respect to any violation of this section:

1. Is less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 1 year.

2. Is $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 18 months.

3. Is $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 2 years.

History.—s. 45, ch. 59-205; s. 1, ch. 61-75; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 64, 809(1st), ch. 82-243; ss. 13, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 4, ch. 2003-148; s. 781, ch. 2003-261.

Arrestable Offenses under F.S. 624.401

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§624.401(1)FRAUD-IMPERSONRENUMBERED. SEE REC # 9581F · 3rd

§624.401(2)FRAUD-IMPERSONREMOVEDF · 3rd

§624.401FRAUD-IMPERSONRENUMBERED. SEE REC # 8832F · 3rd

§624.401(4a)FRAUD-IMPERSONTRANSACTING INSURANCE W/O CERT OF AUTHORITYF · 3rd

§624.401(4b)FRAUD-IMPERSONRENUMBERED. SEE REC # 9582F · 3rd

§624.401(4b)FRAUD-IMPERSONRENUMBERED. SEE REC # 9583F · 2nd

§624.401(4b)FRAUD-IMPERSONRENUMBERED. SEE REC # 9584F · 1st

§624.401(4b1)FRAUD-IMPERSONTRANS INSUR W/O CERT OF AUTHORITY PREM LT KF · 3rd

§624.401(4b2)FRAUD-IMPERSONTRANS INSUR W/O CERT AUTHORITY PREM K-0KF · 2nd

§624.401(4b3)FRAUD-IMPERSONTRANS INSUR W/O CERT OF AUTHORITY PREM 0K+F · 1st

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1981–2023 · leading case: Bortell v. White Mountains Ins. Grp., Ltd., 2 So. 3d 1041 (Fla. 4th DCA 2009).

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Bortell v. White Mountains Ins. Grp., Ltd., 2 So. 3d 1041 (Fla. 4th DCA 2009). · cites it 3× “Bortell alleged that by selling insurance in violation of section 624.401, Florida Statutes, the defendants interfered with the development and maintenance of Bortell’s economic interests.”

Citizens Prop. Ins. Corp. v. Garfinkel, 25 So. 3d 62 (Fla. 5th DCA 2009). · cites it 2× “Prohibition, of course, applies only to the count seeking bad faith liability. PETITION FOR WRIT OF PROHIBITION GRANTED; ORDER QUASHED.”

Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994). · cites it 2× “See § 624.401, Fla. Stat. (1991). These isolated acts are not sufficiently substantial to subject AFSLIC to the trial court's jurisdiction under section 48.”

Pratter v. Penn Treaty Am. Corp., 11 A.3d 550 (Pa. Commw. Ct. 2010). “See Fla. Stat. §§ 624.401 (surplus as to policyholders), .”

Lemy v. Direct Gen. Fin. Co., 885 F. Supp. 2d 1265 (M.D. Fla. 2012). · cites it 2× “Under Section 624.401(4), Florida Statutes, “any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in [Florida] without a certificate of authority .”

Land O'Sun Mgmt. Corp. v. Com. & Indus. Ins. Co., 961 So. 2d 1078 (Fla. 1st DCA 2007). “See §§ 624.401(1), 627.410(1), Fla. Stat. (2006).”

Lawyer's Title Ins. v. City of West Palm Beach, 402 So. 2d 544 (Fla. 4th DCA 1981). · cites it 4× “Lawyer’s Title argues on appeal that this tax is an unlawful exercise of the taxing power and is specifically barred by Section 624.401(3), Florida Statutes (1979).”

Lb Bryan & Co. v. Sch. Bd. of Broward, 746 So. 2d 1194 (Fla. 1st DCA 1999). “Generally speaking, section 624.401, Florida Statute (1995), requires that an insurer be "authorized" by the Department of Insurance to transact business in this state.”

Myers v. Provident Life & Accident Ins. Co. (M.D. Fla. 2023). · cites it 2× “155, by its own terms, applies only to an “insurer”—which Plaintiff has gone to great pains to argue Unum is not, citing Fla. Stat. § 624.401 (1) (“No person shall act as an insurer…except as authorized”).”

Pariseau v. Comm'r, 49 T.C.M. 984 (Tax Ct. 1985). “(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the department authorizing it to…”

Prescott Architects, Inc. v. Lexington Ins., 638 F. Supp. 2d 1317 (N.D. Fla. 2009). “Section 624.401 of the Florida Insurance Code requires an insurer to be authorized by the Department of Insurance to conduct business in Florida.”

— 624.401(1) — 1 case

Land O'Sun Mgmt. Corp. v. Com. & Indus. Ins. Co., 961 So. 2d 1078 (Fla. 1st DCA 2007). “See §§ 624.401(1), 627.410(1), Fla. Stat. (2006).”

— 624.401(3) — 1 case

Lawyer's Title Ins. v. City of West Palm Beach, 402 So. 2d 544 (Fla. 4th DCA 1981). “Lawyer’s Title argues on appeal that this tax is an unlawful exercise of the taxing power and is specifically barred by Section 624.401(3), Florida Statutes (1979).”

— 624.401(4) — 1 case

Lemy v. Direct Gen. Fin. Co., 885 F. Supp. 2d 1265 (M.D. Fla. 2012). “Under Section 624.401(4), Florida Statutes, “any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in [Florida] without a certificate of authority .”

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