Florida Statute 626.9521 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.9521

¹626.9521 Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.—

(1) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance.

(2) Except as provided in subsection (3), any person who violates any provision of this part is subject to a fine in an amount not greater than $12,500 for each nonwillful violation and not greater than $100,000 for each willful violation. Fines under this subsection imposed against an insurer may not exceed an aggregate amount of $50,000 for all nonwillful violations arising out of the same action or an aggregate amount of $500,000 for all willful violations arising out of the same action. The fines may be imposed in addition to any other applicable penalty.

(3)(a) If a person violates s. 626.9541(1)(l), the offense known as “twisting,” or violates s. 626.9541(1)(aa), the offense known as “churning,” the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082, and an administrative fine not greater than $12,500 shall be imposed for each nonwillful violation or an administrative fine not greater than $187,500 shall be imposed for each willful violation. To impose an administrative fine for a willful violation under this paragraph, the practice of “churning” or “twisting” must involve fraudulent conduct.

(b) If a person violates s. 626.9541(1)(ee) by willfully submitting fraudulent signatures on an application or policy-related document, the person commits a felony of the third degree, punishable as provided in s. 775.082, and an administrative fine not greater than $187,500 shall be imposed for each violation.

(c) If a person violates any provision of this part and such violation is related to a covered loss or covered claim caused by an emergency for which the Governor declared a state of emergency pursuant to s. 252.36, such person is subject to a fine in an amount not greater than $25,000 for each nonwillful violation and not greater than $200,000 for each willful violation. Fines imposed under this paragraph against an insurer may not exceed an aggregate amount of $100,000 for all nonwillful violations arising out of the same action or an aggregate amount of $1 million for all willful violations arising out of the same action.

(d) Administrative fines under paragraphs (a) and (b) may not exceed an aggregate amount of $125,000 for all nonwillful violations arising out of the same action or an aggregate amount of $625,000 for all willful violations arising out of the same action.

(4) A licensee must make all reasonable efforts to ascertain the consumer’s age at the time an insurance application is completed.

(5) If a consumer who is a senior citizen is a victim, a video deposition of the victim may be used for any purpose in any administrative proceeding conducted pursuant to chapter 120 if all parties are given proper notice of the deposition in accordance with the Florida Rules of Civil Procedure.

History.—s. 9, ch. 76-260; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 37, ch. 92-146; s. 7, ch. 2008-66; ss. 5, 6, ch. 2008-237; s. 50, ch. 2010-175; s. 13, ch. 2023-172.

¹Note.—Section 12, ch. 2008-237, provides in part that “[e]ffective [June 30, 2008,] the Department of Financial Services may adopt rules to implement this act.”

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Amendments to 626.9521

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 626.9521

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

S626.9521 3a - FRAUD - INSURANCE POLICY TWISTING OR CHURNING - M: F

S626.9521 3b - FRAUD-IMPERSON - FALSE SIGNATURE INSURANCE APP POLICY DOCUMENT - F: T

Cases Citing Statute 626.9521

Total Results: 9

Werner v. STATE, DEPT. OF INS.

689 So. 2d 1211, 1997 WL 108941

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 2517173

Cited 17 times | Published

of any annuity or insurance contract, and section 626.9521, Florida Statutes (1989), which forbids knowingly

Whitaker v. Department of Ins. and Treasurer

680 So. 2d 528, 1996 Fla. App. LEXIS 6219, 1996 WL 316537

District Court of Appeal of Florida | Filed: Jun 13, 1996 | Docket: 138315

Cited 8 times | Published

practices under license) and fifteen violations of section 626.9521 (unfair method of competition or unfair and

The Florida Bar v. Beach

699 So. 2d 657, 22 Fla. L. Weekly Supp. 490, 1997 Fla. LEXIS 1049, 1997 WL 417239

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1694159

Cited 5 times | Published

referee found that respondent's actions violated section 626.9521, Florida Statutes (1995), proscribing "unfair

Dyer v. DEPT. OF INS. & TREASURER

585 So. 2d 1009, 1991 WL 163060

District Court of Appeal of Florida | Filed: Aug 21, 1991 | Docket: 1293885

Cited 4 times | Published

penalties by administrative fine are authorized by section 626.9521 without regard to the limitations in section

Dolan v. Jetblue Airways Corp.

385 F. Supp. 3d 1338

District Court, S.D. Florida | Filed: May 28, 2019 | Docket: 64324885

Cited 3 times | Published

order to "act as ... an insurance agent." Section 626.9521 prohibits a deceptive act or practice involving

Bristol Hotel Management Corp. v. Aetna Casualty & Surety Co.

20 F. Supp. 2d 1345, 1998 U.S. Dist. LEXIS 16583, 1998 WL 663354

District Court, S.D. Florida | Filed: Aug 26, 1998 | Docket: 2295602

Cited 1 times | Published

penalties by the Department of Insurance, see § 626.9521, and permits the Department to issue cease and

UNITED AUTOMOBILE INSURANCE COMPANY v. KEITH H. BUCHALTER, D.C d/b/a SOUTH BROWARD CHIROPRACTIC CENTER a/a/o MARIA GARCIA

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865319

Published

under the Unfair Insurance Trade Practices Act. § 626.9521(2), Fla. Stat. (2002). United argues the statutory

Prudential Property & Casualty Insurance v. Gerber

773 So. 2d 571, 2000 Fla. App. LEXIS 13846, 2000 WL 1595724

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64802418

Published

Prudential claiming that Prudential violated section 626.9521, Florida Statutes, in obtaining the release

Ganter v. Department of Insurance

620 So. 2d 202, 1993 Fla. App. LEXIS 5886, 1993 WL 177935

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64697031

Published

subject to the penalties provided in 627.381. [Section 626.9521, Florida Statutes] (j) Made false or fraudulent