Florida Statutes
Fla. Stat. § 626.9521 (2025)
Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.
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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.”
Arrestable Offenses under F.S. 626.9521
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§626.9521(3a)FRAUDINSURANCE POLICY TWISTING OR CHURNING
§626.9521(3b)FRAUD-IMPERSONFALSE SIGNATURE INSURANCE APP POLICY DOCUMENT
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1988–2022 · leading case: Bowe v. Pub. Storage, 106 F. Supp. 3d 1252 (S.D. Fla. 2015).
Bowe v. Pub. Storage, 106 F. Supp. 3d 1252 (S.D. Fla. 2015). “” Fla. Stat. §§ 626.9521 , 626.9541. Because, Public Storage argues, Plaintiffs’ allegations are that Public Storage made misleading and deceptive statements to consumers about the PSTIP — an insurance program — their claims fall within the purview of FUITPA.”
Werner v. State, Dept. of Ins., 689 So. 2d 1211 (Fla. 1st DCA 1997). “611(5), Florida Statutes (1989), which forbids wilful misrepresentation of any annuity or insurance contract, and section 626.9521, Florida Statutes (1989), which forbids knowingly making false statements in negotiating an insurance policy and knowingly misrepresenting the…”
Dyer v. Dept. of Ins. & Treasurer, 585 So. 2d 1009 (Fla. 1st DCA 1991). “9541 are found in Part X of chapter 626, known as the "Unfair Insurance Trade Practices Act," and, the Department argues, additional penalties by administrative fine are authorized by section 626.9521 without regard to the limitations in section 626.”
Bhasker v. Kemper Cas. Ins. Co., 284 F. Supp. 3d 1191 (D.N.M. 2018). “§ 27-12-1; Fla. Stat. Ann. § 626.9521 ; Joseph v. Bernstein , 612 Fed.”
The Florida Bar v. Beach, 699 So. 2d 657 (Fla. 1997). “The referee found that respondent's actions violated section 626.9521, Florida Statutes (1995), proscribing "unfair method of competition or an unfair or deceptive act or practice involving the business of insurance," id.”
Julie Buell v. Direct Gen. Ins. Agency, 267 F. App'x 907 (11th Cir. 2008). “The essential allegation in the case is that Direct General Insurance Company, with its affiliates and underwriters, engaged in “sliding,” a deceptive trade practice prohibited by the Florida Unfair Insurance Trade Practices Act (FUITPA), Fla. Stat. §§ 626.9521 , 626.9541(l)(z).…”
Dolan v. Jetblue Airways Corp., 385 F. Supp. 3d 1338 (S.D. Fla. 2019). “" Section 626.9521 prohibits a deceptive act or practice involving the business of insurance.”
Whitaker v. Dep't of Ins. & Treasurer, 680 So. 2d 528 (Fla. 1st DCA 1996). “611(9) (fraudulent or dishonest practices under license) and fifteen violations of section 626.9521 (unfair method of competition or unfair and deceptive act or practice).”
Prudential Prop. & Cas. Ins. v. Gerber, 773 So. 2d 571 (Fla. 5th DCA 2000). “During the pendency of this action, Gerber sued Prudential claiming that Prudential violated section 626.9521, Florida Statutes, in obtaining the release and violated section 825.”
Ganter v. Dep't of Ins., 620 So. 2d 202 (Fla. 1st DCA 1993). “[Section 626.9521, Florida Statutes] (j) Made false or fraudulent statements or representation on, or relative to, an application for an insurance policy for the purpose of obtaining a fee, commission, money or other benefit from any insurer, agent, broker or individual.”
United Auto. Ins. Co. v. Keith H. Buchalter, D.c d/b/a South Broward Chiropractic Ctr. a/a/o Maria Garcia (Fla. 4th DCA 2022). “§ 626.9521(2), Fla. Stat. (2002). United argues the statutory remedy for a first-party bad-faith action is found in section 624.”
Arencibia v. AGA Serv. Co. (S.D. Fla. 2021). “§ 626.9521 (1). Specifically, this includes “[m]isrepresent[ing] the benefits, advantages, conditions, or terms of any insurance policy” and the “advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of…”
— 626.9521(2) — 1 case
United Auto. Ins. Co. v. Keith H. Buchalter, D.c d/b/a South Broward Chiropractic Ctr. a/a/o Maria Garcia (Fla. 4th DCA 2022). “§ 626.9521(2), Fla. Stat. (2002). United argues the statutory remedy for a first-party bad-faith action is found in section 624.”
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