Florida Statute 631.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.021

631.021 Jurisdiction of delinquency proceeding; venue; change of venue; exclusiveness of remedy; appeal; construction.—

(1) The circuit court shall have original jurisdiction of any delinquency proceeding under this chapter, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of this chapter. Any delinquency proceeding in this chapter is in equity.

(2) The venue of a delinquency proceeding or summary proceeding against a domestic, foreign, or alien insurer shall be in the Circuit Court of Leon County.

(3) A delinquency proceeding pursuant to this chapter constitutes the sole and exclusive method of liquidating, rehabilitating, reorganizing, or conserving an insurer. A court may not entertain a petition for the commencement of such a proceeding unless the petition has been filed in the name of the state on the relation of the department. The Florida Insurance Guaranty Association, Incorporated, the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated, the Florida Health Maintenance Organization Consumer Assistance Plan, and the Florida Life and Health Guaranty Association, Incorporated, shall be given reasonable written notice by the department of all hearings that pertain to an adjudication of insolvency of a member insurer.

(4) An appeal shall lie to the District Court of Appeal, First District, from an order granting or refusing rehabilitation, liquidation, or conservation and from every order in a delinquency proceeding having the character of a final order as to the particular portion of the proceeding embraced therein.

(5) No service of process against the department in its capacity as receiver shall be effective unless served upon a person designated by the receiver and filed with the circuit court having jurisdiction over the delinquency proceeding. The designated person shall refuse to accept service if acceptance would violate a stay against legal proceedings involving an insurer that is the subject of delinquency proceedings or would violate any orders of the circuit court governing a delinquency proceeding. The person denied service may petition the circuit court having jurisdiction over the delinquency proceeding for relief from the receiver’s refusal to accept service. This subsection shall be strictly construed, and any purported service on the receiver or the department that is not in accordance with this subsection shall be null and void.

(6) The domiciliary court acquiring jurisdiction over persons subject to this chapter may exercise exclusive jurisdiction to the exclusion of all other courts, except as limited by the provisions of this chapter. Upon the issuance of an order of conservation, rehabilitation, or liquidation, the Circuit Court of Leon County has exclusive jurisdiction over all assets or property of the insurer, wherever located, including property located outside the territorial limits of the state.

(7) This chapter constitutes this state’s insurer receivership laws, and these laws must be construed as consistent with each other. If there is a conflict between this chapter and any other law, this chapter prevails.

History.—s. 718, ch. 59-205; s. 29, ch. 63-559; ss. 13, 35, ch. 69-106; s. 8, ch. 77-227; s. 809(1st), ch. 82-243; s. 3, ch. 83-38; s. 1, ch. 85-339; s. 6, ch. 89-360; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 11, ch. 97-262; s. 1341, ch. 2003-261; s. 28, ch. 2004-374; s. 2, ch. 2017-143.

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Amendments to 631.021

Arrestable Offenses / Crimes under Fla. Stat. 631.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.021.

Annotations, Discussions, Cases:

Cases Citing Statute 631.021

Total Results: 18

Devonshire at PGA National, LLC v. State ex rel. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-11T00:00:00-08:00

Citation: 103 So. 3d 1060, 2013 WL 132695, 2013 Fla. App. LEXIS 479

Snippet: rehabilitating, reorganizing, or conserving an insurer.” § 631.021(3), Fla. Stat. (2011). On May 14, 2012, DFS applied

Bender v. State, Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-06T00:00:00-07:00

Citation: 17 So. 3d 770, 2009 Fla. App. LEXIS 10964, 2009 WL 2392908

Snippet: proceedings under chapter 631 are actions in equity. § 631.021(1), Fla. Stat. (2000). Accordingly, we review the

Ocean Bank v. STATE, DEPT. OF FIN. SERVICES

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-31T00:00:00-08:00

Citation: 902 So. 2d 833, 2005 WL 723866

Snippet: said insurer's assets or property." § 631.021(6), Fla. Stat. (2004). According to Ocean Bank&…DFS "refuse[d] to accept service." § 631.021(5), Fla. Stat. (2004). Ocean then petitioned the

Chase Bank of Texas Natl. Ass'n v. State Dept. of Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-05T23:53:00-08:00

Citation: 860 So. 2d 472

Snippet: quot;narrow concept." Id. at 364. Section 631.021(1), Florida Statutes provides that "[t]he …turnover proceeding. Chase contends that section 631.021, Florida Statutes, does not confer jurisdiction…the entire liquidation proceeding under section 631.021, Florida Statutes. A claim made by the receiver

Am. Bonding Co. v. Coastal Metal Sales

Court: Fla. Dist. Ct. App. | Date Filed: 1996-09-13T00:53:00-07:00

Citation: 679 So. 2d 1250

Snippet: not otherwise be a final appealable order. See § 631.021(4), Fla. Stat. (1995); Ariz. Rev.Stat. Ann. § 20

Provident Capital Indemnity, Ltd. v. State ex rel. Department of Insurance of the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-03T00:00:00-07:00

Citation: 677 So. 2d 363, 1996 Fla. App. LEXIS 6886, 1996 WL 364736

Snippet: delinquency proceeding under this chapter....” § 631.021, Fla. Stat. (1993). A delinquency proceeding encompasses

In re Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

Citation: 674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Snippet: Kogan, Overton, Shaw, Wells 16 May 1996 674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827,

Florida Dept. of Ins. v. Cypress Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-02T00:53:00-07:00

Citation: 660 So. 2d 1177

Snippet: require the receivership. We agree that subsection 631.021(3) provides that a delinquency proceeding pursuant…Department's contention, no provision of section 631.021 prohibits an insurer (such as Cypress) that is …surplus notes" cured its insolvency. See § 631.021, Fla. Stat. (1991). NOTES [1] We decline to address

In Re Court Divisions

Court: Fla. Dist. Ct. App. | Date Filed: 1994-10-03T00:53:00-07:00

Citation: 648 So. 2d 761

Snippet: examiner's investigation authority) (v) Section 631.021 (Delinquency proceedings against a domestic, foreign

Allred v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-16T00:53:00-07:00

Citation: 642 So. 2d 650

Snippet: hearing, the state presented bills aggregating $40,631.21 for medical expenses the victim had incurred, an

Florida Department of Insurance v. Centex-Great Southwest Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-05T00:00:00-07:00

Citation: 639 So. 2d 646, 1994 Fla. App. LEXIS 6519

Snippet: jurisdiction over the receiver’s claim. See section 631.021, Florida Statutes. Moreover, Nova is not controlling

In Re Intern. Forum of Fla. Health Ben. Tr.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-17T00:53:00-07:00

Citation: 607 So. 2d 432

Snippet: and liquidation of insolvent insurers. Section 631.021(1), Florida Statutes (1989), provides, in part:

Appeal of Actron Contractors Equipment v. South Broward Hospital District

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-17T00:00:00-07:00

Citation: 607 So. 2d 432, 1992 Fla. App. LEXIS 9999

Snippet: and liquidation of insolvent insurers. Section 631.021(1), Florida Statutes (1989), provides, in part:

Mall Bank v. STATE EX REL. DEPT.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-02T23:53:00-08:00

Citation: 462 So. 2d 519

Snippet: The Bank stoutly argues that Sections 47.051 and 631.021(2) and (3), Florida Statutes, mandate maintenance…or where the property in litigation is located. 631.021(2) The venue of a delinquency proceeding against

FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-30T00:53:00-07:00

Citation: 400 So. 2d 813

Snippet: liquidating ... an insurer, ..." Section 631.021(4).[3] Secondly, the sole ground for the entry

Main Insurance v. Bradford

Court: Fla. Dist. Ct. App. | Date Filed: 1979-03-27T00:00:00-08:00

Citation: 369 So. 2d 380, 1979 Fla. App. LEXIS 14703

Snippet: the expiration of the ninety days. See: Section 631.021(4), Florida Statutes (1977). *382After the rehabilitator

Bartholomew v. Glens Falls Insurance Group

Court: Fla. Dist. Ct. App. | Date Filed: 1970-10-09T00:53:00-07:00

Citation: 241 So. 2d 698

Snippet: pursuant to F.S. 1967, sections 631.051(1), (6) and 631.021(4), F.S.A., the Circuit Court in and for Leon County…, creditors, or stockholders;"[1] Section 631.021 "(4) Delinquency proceedings pursuant to this… then authorized to transact.[2] "Section 631.021 Jurisdiction of delinquency proceedings; venue;… To *704 dispose of appellee's reliance on 631.021(4), this statute can be narrowly construed. It

Scott v. Kirtley

Court: Fla. | Date Filed: 1933-12-06T00:00:00-08:00

Citation: 152 So. 721, 113 Fla. 637, 93 A.L.R. 661, 1933 Fla. LEXIS 1794

Snippet: Craig, 87 N.Y. 550; Sanders v. Seelye, 128 Ill. 631, 21 N.E. Rep. 601. Our statutes do not change the common