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Fla. Stat. § 624.437 (2025)

“Multiple-employer welfare arrangement” defined; certificate of authority required; penalty.

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624.437 “Multiple-employer welfare arrangement” defined; certificate of authority required; penalty.—
(1) For the purposes of ss. 624.436-624.446, the term “multiple-employer welfare arrangement” means an employee welfare benefit plan or any other arrangement which is established or maintained for the purpose of offering or providing health insurance benefits or any other benefits described in s. 624.33, other than life insurance benefits, to the employees of two or more employers, or to their beneficiaries.
(2) No person shall operate, maintain, or, after October 1, 1983, establish a multiple-employer welfare arrangement unless such arrangement has a valid certificate of authority issued by the office.
(3) This section does not apply to a multiple-employer welfare arrangement which offers or provides benefits which are fully insured by an authorized insurer, to an arrangement which is exempt from state insurance regulation in accordance with Pub. L. No. 93-406, the Employee Retirement Income Security Act, or to the state group health insurance program administered pursuant to s. 110.123.
(4)(a) Any person failing to hold a subsisting certificate of authority from the office while operating or maintaining a multiple-employer welfare arrangement shall be subject to a fine of not less than $5,000 or more than $100,000 for each violation.
(b) Any person who operates or maintains a multiple-employer welfare arrangement without a subsisting certificate of authority from the office shall be subject to the cease and desist penalty powers of the office as set forth in ss. 626.9571, 626.9581, 626.9591, and 626.9601.
(c)1. Any person who operates or maintains a multiple-employer welfare arrangement without a subsisting certificate of authority as required under this section commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
2. Except as provided in subparagraph 1., any person who violates the provisions of ss. 624.437-624.446 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(d) In addition to the penalties and other enforcement provisions of the Florida Insurance Code, the office is vested with the power to seek both temporary and permanent injunctive relief when:
1. A multiple-employer welfare arrangement is being operated by any person or entity without a subsisting certificate of authority.
2. Any person, entity, or multiple-employer welfare arrangement has engaged in any activity prohibited by the Florida Insurance Code or by any rule adopted pursuant thereto.
3. Any multiple-employer welfare arrangement, person, or entity is renewing, issuing, or delivering a policy, contract, certificate, summary plan description, or other evidence of the benefits and coverages provided to employees or employee family members without a subsisting certificate of authority.

The office’s authority to seek injunctive relief shall not be conditioned on having conducted any proceeding pursuant to chapter 120. The authority vested in the office by virtue of the operation of this section shall not act to reduce any other enforcement remedy or power to seek injunctive relief that may otherwise be available to the office.

History.—s. 3, ch. 83-203; s. 3, ch. 84-94; s. 2, ch. 85-212; ss. 24, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 809, ch. 2003-261; s. 3, ch. 2004-347.

Arrestable Offenses under F.S. 624.437

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§624.437(4c1)PUBLIC ORDER CRIMESOPER MULT EMP WELFARE ARRANGE W/O CERTIFF · 3rd
§624.437(4c2)PUBLIC ORDER CRIMESVIOL MULT EMP WELFARE ARRANGE LAWM · 1st
Notes of Decisions
Cited in 4 cases, 1988–1992 · leading case: Florida Auto. Dealers Indus. v. Small, 592 So. 2d 1179 (Fla. 1st DCA 1992).
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Florida Auto. Dealers Indus. v. Small, 592 So. 2d 1179 (Fla. 1st DCA 1992). · cites it 3× “" [3] Although, as earlier stated, a MEWA is defined in section 624.437, which is placed under Part III of the Florida Insurance Code relating to "Authorization of Insurers and General Requirements," we do not consider that the placement of MEWAs therein excludes MEWAs from the…”
In Re Intern. Forum of Fla. Health Ben. Tr., 607 So. 2d 432 (Fla. 1st DCA 1992). · cites it 2× “§ 624.437(1), Fla. Stat. (1989). The act permits MEWAs to be sponsored solely by trade, industry, or professional associations and requires all MEWAs to be operated by a board of trustees consisting of owners, partners, officers, directors, or employees of the employers…”
Appeal of Actron Contractors Equip. v. South Broward Hosp. Dist., 607 So. 2d 432 (Fla. 1st DCA 1992). · cites it 2× “§ 624.437(1), Fla.Stat. (1989). The act permits MEWAs to be sponsored solely by trade, industry, or professional associations and requires all MEWAs to be operated by a board of trustees consisting of owners, partners, officers, directors, or employees of the employers…”
Dep't of Ins. v. Dealers Ass'n Plan, 31 Fla. Supp. 2d 168 (Fla. Div. Admin. Hr'g 1988). · cites it 8× “As to the second count, dismissing the portion thereof alleging that Respondent violated FS § 624.437; 3. As to the second count, finding Respondent guilty of violating FS §§ 626.”
— 624.437(1) — 4 cases
Florida Auto. Dealers Indus. v. Small, 592 So. 2d 1179 (Fla. 1st DCA 1992). “" [3] Although, as earlier stated, a MEWA is defined in section 624.437, which is placed under Part III of the Florida Insurance Code relating to "Authorization of Insurers and General Requirements," we do not consider that the placement of MEWAs therein excludes MEWAs from the…”
In Re Intern. Forum of Fla. Health Ben. Tr., 607 So. 2d 432 (Fla. 1st DCA 1992). “§ 624.437(1), Fla. Stat. (1989). The act permits MEWAs to be sponsored solely by trade, industry, or professional associations and requires all MEWAs to be operated by a board of trustees consisting of owners, partners, officers, directors, or employees of the employers…”
Appeal of Actron Contractors Equip. v. South Broward Hosp. Dist., 607 So. 2d 432 (Fla. 1st DCA 1992). “§ 624.437(1), Fla.Stat. (1989). The act permits MEWAs to be sponsored solely by trade, industry, or professional associations and requires all MEWAs to be operated by a board of trustees consisting of owners, partners, officers, directors, or employees of the employers…”
Dep't of Ins. v. Dealers Ass'n Plan, 31 Fla. Supp. 2d 168 (Fla. Div. Admin. Hr'g 1988). “As to the second count, dismissing the portion thereof alleging that Respondent violated FS § 624.437; 3. As to the second count, finding Respondent guilty of violating FS §§ 626.”
— 624.437(4)(a) — 1 case
Dep't of Ins. v. Dealers Ass'n Plan, 31 Fla. Supp. 2d 168 (Fla. Div. Admin. Hr'g 1988). “As to the second count, dismissing the portion thereof alleging that Respondent violated FS § 624.437; 3. As to the second count, finding Respondent guilty of violating FS §§ 626.”
— 624.437(4)(c) — 1 case
Dep't of Ins. v. Dealers Ass'n Plan, 31 Fla. Supp. 2d 168 (Fla. Div. Admin. Hr'g 1988). “As to the second count, dismissing the portion thereof alleging that Respondent violated FS § 624.437; 3. As to the second count, finding Respondent guilty of violating FS §§ 626.”
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This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 624 matters in the context of insurance disputes and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.