Florida Statute 624.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 624
INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

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F.S. 624.401

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.

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Amendments to 624.401

Arrestable Offenses / Crimes under Fla. Stat. 624.401

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

S624.401 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 8832 - F: T

S624.401 1 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9581 - F: T

S624.401 2 - FRAUD-IMPERSON - REMOVED - F: T

S624.401 4a - FRAUD-IMPERSON - TRANSACTING INSURANCE WO CERT OF AUTHORITY - F: T

S624.401 4b - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9582 - F: T

S624.401 4b - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9583 - F: S

S624.401 4b - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9584 - F: F

S624.401 4b1 - FRAUD-IMPERSON - TRANS INSUR WO CERT OF AUTHORITY PREM LT $20K - F: T

S624.401 4b2 - FRAUD-IMPERSON - TRANS INSUR WO CERT AUTHORITY PREM $20K-$100K - F: S

S624.401 4b3 - FRAUD-IMPERSON - TRANS INSUR WO CERT OF AUTHORITY PREM $100K+ - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 624.401

Total Results: 13

Interstate Fire & Casualty Co. v. Abernathy

Court: District Court of Appeal of Florida | Date Filed: 2012-05-24

Citation: 93 So. 3d 352, 2012 WL 1883116, 2012 Fla. App. LEXIS 8278

Snippet: obtaining a certificate of authority. See §§ 624.11 & 624.401, Fla. Stat. (2011). . Florida Financial Services

Citizens Property Insurance Corp. v. Garfinkel

Court: District Court of Appeal of Florida | Date Filed: 2009-12-18

Citation: 25 So. 3d 62, 2009 Fla. App. LEXIS 19766, 2009 WL 4874789

Snippet: abandoned this position at oral argument. [2] See § 624.401, Fla. Stat. (2007). [3] HB 7077E2 (April 26, 2007)

Bortell v. White Mountains Insurance Group, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2009-01-28

Citation: 2 So. 3d 1041, 2009 Fla. App. LEXIS 578, 2009 WL 187708

Snippet: permits a party damaged by a violation of section 624.401 to file suit against an unauthorized insurer. Bortell

Land O'Sun Management Corp. v. Commerce & Industry Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-07-26

Citation: 961 So. 2d 1078, 2007 Fla. App. LEXIS 11453, 2007 WL 2126288

Snippet: insurance companies doing business in Florida. See §§ 624.401(1), 627.410(1), Fla. Stat. (2006). Because the

LB Bryan & Co. v. SCHOOL BD. OF BROWARD

Court: District Court of Appeal of Florida | Date Filed: 1999-12-14

Citation: 746 So. 2d 1194, 1999 WL 1136679

Snippet: Department of Insurance. Generally speaking, section 624.401, Florida Statute (1995), requires that an insurer

Beacon Finance, Inc. v. Department of Insurance, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 1995-05-18

Citation: 656 So. 2d 197, 1995 Fla. App. LEXIS 5343, 1995 WL 298948

Snippet: issued certificates of authority under sections 624.401, 624.402, and 624.413, Florida Statutes. In contrast

Hobbs v. Don Mealey Chevrolet, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-09-23

Citation: 642 So. 2d 1149, 1994 WL 515723

Snippet: transact insurance in the state of Florida. See § 624.401, Fla. Stat. (1991). These isolated acts are not

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Court: Florida Attorney General Reports | Date Filed: 1993-01-19

Snippet: insurance agents is preempted to the state by s. 624.401(3), F.S., precluding municipality from levying

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Court: Florida Attorney General Reports | Date Filed: 1986-10-08

Snippet: brokers, salesmen, and schools in this state"), 624.401(3) ("state hereby preempts the field of regulating

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Court: Florida Attorney General Reports | Date Filed: 1985-09-09

Snippet: insurance agents is preempted to the state under s. 624.401[3], F.S., and municipalities therefore have no

Lawyer's Title Insurance v. City of West Palm Beach

Court: District Court of Appeal of Florida | Date Filed: 1981-08-19

Citation: 402 So. 2d 544, 1981 Fla. App. LEXIS 20818

Snippet: taxing power and is specifically barred by Section 624.401(3), Florida Statutes (1979). On the contrary, we

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Court: Florida Attorney General Reports | Date Filed: 1981-07-08

Snippet: insurance agents is preempted to the state by s. 624.401(3), F.S., and that municipalities therefore have

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Court: Florida Attorney General Reports | Date Filed: 1976-11-15

Snippet: insurance agents is preempted to the state under s. 624.401(3), F. S., and municipalities therefore have no