Florida Statute 624.401 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 624
INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

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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.

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Amendments to 624.401

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 624.401

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

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

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

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

S624.401 4a - FRAUD-IMPERSON - TRANSACTING INSURANCE W/O 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 W/O CERT OF AUTHORITY PREM LT $20K - F: T

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

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

Cases Citing Statute 624.401

Total Results: 10

Hobbs v. Don Mealey Chevrolet, Inc.

642 So. 2d 1149, 1994 WL 515723

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1529494

Cited 11 times | Published

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

State of Florida, Department of Insurance v. National Amusement Purchasing Group, Inc., Risk Retention Service Corporation, Bel-Air Insurance Company

905 F.2d 361, 1990 U.S. App. LEXIS 11313, 1990 WL 83332

Court of Appeals for the Eleventh Circuit | Filed: Jul 9, 1990 | Docket: 508437

Cited 11 times | Published

authority issued by the Department of Insurance. § 624.401(1). Any unauthorized insurer transacting the business

Citizens Property Insurance Corp. v. Garfinkel

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

District Court of Appeal of Florida | Filed: Dec 18, 2009 | Docket: 1195749

Cited 8 times | Published

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

Bortell v. White Mountains Insurance Group, Ltd.

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

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1643721

Cited 8 times | Published

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

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

746 So. 2d 1194, 1999 WL 1136679

District Court of Appeal of Florida | Filed: Dec 14, 1999 | Docket: 1714959

Cited 3 times | Published

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

Lemy v. Direct General Finance Co.

885 F. Supp. 2d 1265, 2012 WL 2339702, 2012 U.S. Dist. LEXIS 84507

District Court, M.D. Florida | Filed: Jun 19, 2012 | Docket: 65984240

Published

Insurance Regulation (“the Office”). Under Section 624.401(4), Florida Statutes, “any person who acts

Prescott Architects, Inc. v. Lexington Insurance

638 F. Supp. 2d 1317, 2009 U.S. Dist. LEXIS 56855

District Court, N.D. Florida | Filed: Jul 1, 2009 | Docket: 2342703

Published

Wisconsin, 181 F.3d 1198, 1203 (11th Cir.1999). Section 624.401 of the Florida Insurance Code requires an insurer

Shapiro v. Associated International Insurance

899 F.2d 1116, 1990 WL 42178

Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 1990 | Docket: 66252937

Published

otherwise provided for in this code. Fla.Stat.Ann. § 624.401(1) (West 1984).9 Such regulation of the insurance

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

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

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 64584667

Published

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

Ago

Florida Attorney General Reports | Filed: Nov 15, 1976 | Docket: 3256365

Published

insurance agents and solicitors, see AGO 074-209. Section 624.401(3), F. S., expressly preempts to the state

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 624 in the context of insurance disputes and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.