Florida Statute 626.9521 | Lawyer Caselaw & Research

The 2024 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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F.S. 626.9521 on Casetext

Amendments to 626.9521

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

Annotations, Discussions, Cases:

Cases Citing Statute 626.9521

Total Results: 8

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-03T00:53:00-07:00

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

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: , (8), (9) and (13), 626.621(2), (3) and (12), 626.9521(1), and 626.9541(1)(z)(2.) and (3.), Florida Statutes

Prudential Property & Casualty Insurance v. Gerber

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-27T00:00:00-07:00

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

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

The Florida Bar v. Beach

Court: Fla. | Date Filed: 1997-07-17T00:53:00-07:00

Citation: 699 So. 2d 657

Snippet: that respondent's actions violated section 626.9521, Florida Statutes (1995), proscribing "unfair…certain provisions of the insurance code, to wit: § 626.9521 and §§ 626.9541(1) a, b, e, h, l, and n of Florida

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

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

Ganter v. Department of Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-28T00:00:00-07:00

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

Snippet: deceptive acts in the business of insurance (Sec. 626.9521). Both constitute violations of the Insurance …to the penalties provided in 627.381. [Section 626.9521, Florida Statutes] (j) Made false or fraudulent

Dyer v. DEPT. OF INS. & TREASURER

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-21T00:53:00-07:00

Citation: 585 So. 2d 1009

Snippet: loss or injury to the public, (626.621(6) and 626.9521: knowingly making an untrue, deceptive or misleading…;s violations of section 626.9541(1). Sections 626.9521 and 626.9541 are found in Part X of chapter 626… administrative fine are authorized by section 626.9521 without regard to the limitations in section 626.681… trade practices violation pursuant to section 626.9521. After coursing through the statutory maze of …we reject it for the following reasons. Section 626.9521 makes it unlawful for any person to engage in