Florida Statute 626.611 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.611

626.611 Grounds for compulsory refusal, suspension, or revocation of agent’s, title agency’s, adjuster’s, customer representative’s, service representative’s, or managing general agent’s license or appointment.—

(1) The department shall deny an application for, suspend, revoke, or refuse to renew or continue the license or appointment of any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, and it shall suspend or revoke the eligibility to hold a license or appointment of any such person, if it finds that as to the applicant, licensee, or appointee any one or more of the following applicable grounds exist:

(a) Lack of one or more of the qualifications for the license or appointment as specified in this code.

(b) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment or in attempting to obtain the license or appointment.

(d) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code.

(e) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.

(f) If, as an adjuster, or agent licensed and appointed to adjust claims under this code, he or she has materially misrepresented to an insured or other interested party the terms and coverage of an insurance contract with intent and for the purpose of effecting settlement of claim for loss or damage or benefit under such contract on less favorable terms than those provided in and contemplated by the contract.

(g) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance.

(h) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment.

(i) Fraudulent or dishonest practices in the conduct of business under the license or appointment.

(j) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment.

(k) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another.

(l) Having obtained or attempted to obtain, or having used or using, a license or appointment as agent or customer representative for the purpose of soliciting or handling “controlled business” as defined in s. 626.730 with respect to general lines agents, s. 626.784 with respect to life agents, and s. 626.830 with respect to health agents.

(m) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code.

(n) Having been found guilty of or having pleaded guilty or nolo contendere to a misdemeanor directly related to the financial services business, any felony, or any crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases.

(o) Fraudulent or dishonest practice in submitting or aiding or abetting any person in the submission of an application for workers’ compensation coverage under chapter 440 containing false or misleading information as to employee payroll or classification for the purpose of avoiding or reducing the amount of premium due for such coverage.

(p) Sale of an unregistered security that was required to be registered, pursuant to chapter 517.

(q) In transactions related to viatical settlement contracts as defined in s. 626.9911:

1. Commission of a fraudulent or dishonest act.

2. No longer meeting the requirements for initial licensure.

3. Having received a fee, commission, or other valuable consideration for his or her services with respect to viatical settlements that involved unlicensed viatical settlement providers or persons who offered or attempted to negotiate on behalf of another person a viatical settlement contract as defined in s. 626.9911 and who were not licensed life agents.

4. Dealing in bad faith with viators.

(2) The department shall, upon receipt of information or an indictment, immediately temporarily suspend a license or appointment issued under this chapter when the licensee is charged with a felony enumerated in s. 626.207(2). Such suspension shall continue if the licensee is found guilty of, or pleads guilty or nolo contendere to, the crime, regardless of whether a judgment or conviction is entered, during a pending appeal. A person may not transact insurance business after suspension of his or her license or appointment.

History.—s. 240, ch. 59-205; ss. 13, 35, ch. 69-106; s. 12, ch. 71-86; s. 160, ch. 73-333; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 204, 217, 807, 810, ch. 82-243; s. 28, ch. 82-386; s. 13, ch. 88-166; s. 49, ch. 90-201; ss. 55, 206, 207, ch. 90-363; s. 47, ch. 91-1; s. 4, ch. 91-429; s. 14, ch. 92-146; s. 10, ch. 92-318; s. 236, ch. 97-102; s. 28, ch. 98-199; s. 12, ch. 2001-142; s. 59, ch. 2002-206; s. 947, ch. 2003-261; s. 45, ch. 2004-390; s. 11, ch. 2005-237; s. 17, ch. 2014-123; s. 26, ch. 2017-175; s. 17, ch. 2023-144.

F.S. 626.611 on Google Scholar

F.S. 626.611 on Casetext

Amendments to 626.611

Arrestable Offenses / Crimes under Fla. Stat. 626.611

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.611.

Annotations, Discussions, Cases:

Cases Citing Statute 626.611

Total Results: 20

MARLYN TRACEY v. WELLS FARGO BANK N. A.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-27T00:00:00-08:00

Citation: 264 So. 3d 1152

Snippet: failed to rule on the applicability of [s]ection 626.611(7), we think fairness dictates that upon remand

Antony Lee Turbeville v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-03T00:53:00-07:00

Snippet: revocation . . . is not mandatory under s. 626.611: .... (13) [The licensee has] been the

Zaldivar v. Florida Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

Citation: 225 So. 3d 989

Snippet: PER CURIAM. Petition denied. See §§ 626.611(2) and 626.207(2), Fla. Stat. (2017); Bethencourt-Miranda

McCloskey v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-21T00:00:00-07:00

Citation: 172 So. 3d 973

Snippet: a securities license, in violation of section 626.611(16), Florida Statutes (2003). After a formal hearing…pursuant to chapter 517, in violation of section 626.611(16). Consequently, McCloskey did not demonstrate… business of insurance in violation of section 626.611(7). Given the plain meaning of the law, since all…, Laws of Fla. (codified at §§ 517.021(21)(w), 626.611(17), 626.9911(11), Fla. Stat. (2005)), a securities…penalties now also applied. §§ 517.07, 517.12, 626.611(16), (17), Fla. Stat. (2005). As such, the reclassification

Kauk v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-03T00:00:00-08:00

Citation: 131 So. 3d 805

Snippet: (3). In addition, the Department cited section 626.611(1), (7), and (14), Florida Statutes (2011), which

Carter v. Florida Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-19T00:00:00-07:00

Citation: 117 So. 3d 476

Snippet: Department determined involved “moral turpitude.” See § 626.611(14), Fla. Stat. The license was not automatically

McCloskey v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-21T00:00:00-07:00

Citation: 115 So. 3d 441

Snippet: order concluding that McCloskey violated section 626.611(16), Florida Statutes,2 by selling an unregistered…addition, found that McCloskey violated section 626.611(7).3 The Department also approved the proposed …pursuant to chapter 517, in violation of section 626.611(16). Consequently, McCloskey did not demonstrate… business of insurance in violation of section 626.611(7). Given the plain meaning of the law, since all….2d 117, 118-19 (Fla. 1st DCA 2002). . Section 626.611, Florida Statutes (2003), provides: The department

Santana v. Florida Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-25T00:00:00-07:00

Citation: 61 So. 3d 1262

Snippet: part, and remanded for further proceedings. . §§ 626.611, .841, Fla. Stat. (2008). . The final order applied

Beckett v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-12T00:53:00-07:00

Citation: 982 So. 2d 94

Snippet: violation of section 626.611(7). Finally, the ALJ's finding as to section 626.611(9) does not conflict… the business of insurance pursuant to section 626.611(7), Florida Statutes (2004), or had engaged in …fraudulent or dishonest practices pursuant to section 626.611(9), Florida Statutes (2004). Because there was …suspension or revocation of her license under sections 626.611 and 626.621(6), Florida Statutes (2004). Appellant…dishonest practices within the meaning of section 626.611. Accordingly, the ALJ concluded that there was

MacK v. DEPARTMENT OF FINANCIAL SERVICES

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-06T00:53:00-07:00

Citation: 914 So. 2d 986

Snippet: alleged that Ms. Mack violated sections 624.11(1), 626.611(5), (7), (8), (9) and (13), 626.621(2), (3) and…violated, among other provisions, sections 624.11(1), 626.611(5), (7), (8), and (13), 626.621(2), (3), and (12

Faloon v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-06T00:00:00-07:00

Citation: 911 So. 2d 1286

Snippet: that its finding that Ms. Faloon violated section 626.611(9), Florida Statutes (2001), was error. Pursuant…Department’s rules, without the violation of section 626.611(9), the proper length of Ms. Faloon’s suspension

Robert v. Department of Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-11T00:00:00-07:00

Citation: 854 So. 2d 681

Snippet: so, had engaged in acts proscribed by sections 626.611, .621, .9521, and .9541, and administrative rule… each count, Mr. Robert’s violation of section 626.611(9) carried the highest penalty, a nine-month license…that in each count Mr. Robert violated section 626.611(9) which proscribes “[fraudulent or dishonest practices…DCA 1997), the court strictly construed section 626.611(9) because suspension of a professional or business…Department had not established a violation of section 626.611(9). As in Werner, Mr. Robert’s transaction with

Chicago Title Ins. Co. v. Butler

Court: Fla. | Date Filed: 2000-10-19T00:53:00-07:00

Citation: 770 So. 2d 1210

Snippet: of section 626.611(11) and section 626.9541(1)(h)1, Florida Statutes (1983). Section 626.611(11) is the…, challenges the constitutionality of sections 626.611(11),[1] 626.8437,[2] 626.9541(1)(h)3.a.,[3]*1212…that sections 626.572, 626.9541(1)(h)3.a., and 626.611(11), Florida Statutes (1997), and rule 4-186.003…accordance with Dade County, we hold that sections 626.611(11), 626.8437, 626.9541(1)(h)3.a., 627.780, 627.782…general requirements for insurance agents. Section 626.611(11) gives the Department of Insurance the authority

Pou v. Department of Insurance & Treasurer

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-18T00:00:00-08:00

Citation: 707 So. 2d 941

Snippet: Department of Insurance in its final order. . Section 626.611(10), Florida Statutes (1993), prohibits misappropriation

Werner v. STATE, DEPT. OF INS.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-12T23:53:00-08:00

Citation: 689 So. 2d 1211

Snippet: matter of law, to prove a violation of section 626.611(9), Florida Statutes (1989). For this and other…and posited violations (among others) of section 626.611(5), Florida Statutes (1989), which forbids wilful…assume, absent a timely motion to dismiss. Section 626.611(9) Construed In general, a reviewing court owes…order nevertheless found that she violated section 626.611(9), Florida Statutes (1989). In this respect, the…business under [appellant's] license." § 626.611(9), Fla. Stat. (1991). While it has been held that

Cottrill v. Department of Ins.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-11T23:53:00-08:00

Citation: 685 So. 2d 1371

Snippet: finds appellant guilty of violations of sections 626.611(5) and (9), 626.621(12), 627.4085(1), and 627.8405…determination that appellant violated sections 626.611(5) and (9) and 626.621(12), Florida Statutes (1993…insofar as it finds appellant violated sections 626.611(5) and (9) and 626.621(12), Florida Statutes (1993

Butler v. State, Dept. of Ins.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-11T00:53:00-07:00

Citation: 680 So. 2d 1103

Snippet: Administrative Code, and sections 626.9541(1)(h)3.a., 626.611(11) and 626.572, Florida Statutes (1993). The circuit…constitutionality of sections 626.9541(1)(h)3.a., 626.611(11), and 626.572, Florida Statutes (1993), citing… likewise prohibiting illegal rebates. Section 626.611(11) provides for disciplinary action against any…scheme as set forth in sections 626.9541(1)(h), 626.611(11)[4] and 626.572, Florida Statutes (1993)[5] …Intervenors originally took the position that section 626.611(11) did not apply to title insurance. However,

James Mitchell & Co. v. FL. DEPT. OF INS.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-30T00:53:00-07:00

Citation: 679 So. 2d 334

Snippet: practices in violation of sections 626.621(12) and 626.611(7), Florida Statutes. But the hearing officer concluded

Mitchell v. Florida Department of Insurance & Treasurer

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-30T00:00:00-07:00

Citation: 679 So. 2d 334

Snippet: practices in violation of sections 626.621(12) and 626.611(7), Florida Statutes. But the hearing officer concluded

Whitaker v. Department of Ins. and Treasurer

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-13T00:53:00-07:00

Citation: 680 So. 2d 528

Snippet: deceptive acts or practices), 626.611(7) (lack of fitness/trustworthiness) and 626.611(9) (fraudulent or dishonest…revocation, or refusal is not mandatory under s. 626.611: ... (6) In the conduct of business under the license… to find multiple grounds exist under sections 626.611 and 626.621 for disciplinary actions against the