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The 2025 Florida Statutes
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F.S. 631.021631.021 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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Annotations, Discussions, Cases:
Cases Citing Statute 631.021
Total Results: 16
209 B.R. 4, 10 Fla. L. Weekly Fed. B 343, 1997 Bankr. LEXIS 694, 1997 WL 274785
United States Bankruptcy Court, M.D. Florida | Filed: May 20, 1997 | Docket: 1431353
Cited 16 times | Published
rehabilitating, reorganizing, or conserving an insurer." § 631.021(3), Fla.Star. In such a proceeding, the Department
679 So. 2d 1250, 1996 Fla. App. LEXIS 9462, 1996 WL 517155
District Court of Appeal of Florida | Filed: Sep 13, 1996 | Docket: 1665821
Cited 7 times | Published
not otherwise be a final appealable order. See § 631.021(4), Fla. Stat. (1995); Ariz. Rev.Stat. Ann. §
607 So. 2d 432
District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 531124
Cited 5 times | Published
rehabilitation and liquidation of insolvent insurers. Section 631.021(1), Florida Statutes (1989), provides, in part:
400 So. 2d 813
District Court of Appeal of Florida | Filed: Jun 30, 1981 | Docket: 1677030
Cited 5 times | Published
method of liquidating ... an insurer, ..." Section 631.021(4).[3] Secondly, the sole ground for the entry
902 So. 2d 833, 2005 WL 723866
District Court of Appeal of Florida | Filed: Mar 31, 2005 | Docket: 1257191
Cited 3 times | Published
claims against said insurer's assets or property." § 631.021(6), Fla. Stat. (2004).
According to Ocean Bank's
860 So. 2d 472, 2003 WL 22508377
District Court of Appeal of Florida | Filed: Nov 6, 2003 | Docket: 2147961
Cited 2 times | Published
Provident Capital, a "narrow concept." Id. at 364.
Section 631.021(1), Florida Statutes provides that "[t]he circuit
241 So. 2d 698
District Court of Appeal of Florida | Filed: Oct 9, 1970 | Docket: 1455548
Cited 2 times | Published
policyholder, creditors, or stockholders;"[1]
Section 631.021
"(4) Delinquency proceedings pursuant to this
103 So. 3d 1060, 2013 WL 132695, 2013 Fla. App. LEXIS 479, 38 Fla. L. Weekly Fed. D 123
District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60226876
Cited 1 times | Published
rehabilitating, reorganizing, or conserving an insurer.” § 631.021(3), Fla. Stat. (2011).
On May 14, 2012, DFS applied
660 So. 2d 1177, 1995 Fla. App. LEXIS 10285, 1995 WL 573047
District Court of Appeal of Florida | Filed: Oct 2, 1995 | Docket: 1755759
Cited 1 times | Published
the Department's contention, no provision of section 631.021 prohibits an insurer (such as Cypress) that
768 F. Supp. 1562, 1991 U.S. Dist. LEXIS 10844, 1991 WL 152818
District Court, S.D. Florida | Filed: Jun 28, 1991 | Docket: 2265947
Cited 1 times | Published
the Circuit Court of Leon County. Fla. Stat. § 631.021 (1989). The Circuit Court issues orders of liquidation
17 So. 3d 770, 2009 Fla. App. LEXIS 10964, 2009 WL 2392908
District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 1142098
Published
proceedings under chapter 631 are actions in equity. § 631.021(1), Fla. Stat. (2000). Accordingly, we review
677 So. 2d 363, 1996 Fla. App. LEXIS 6886, 1996 WL 364736
District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 64766308
Published
delinquency proceeding under this chapter....” § 631.021, Fla. Stat. (1993). A delinquency proceeding encompasses
648 So. 2d 761
District Court of Appeal of Florida | Filed: Oct 3, 1994 | Docket: 1701987
Published
insurance examiner's investigation authority)
(v) Section 631.021 (Delinquency proceedings against a domestic
639 So. 2d 646, 1994 Fla. App. LEXIS 6519
District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64749637
Published
jurisdiction over the receiver’s claim. See section 631.021, Florida Statutes. Moreover, Nova is not controlling
607 So. 2d 432, 1992 Fla. App. LEXIS 9999
District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 64671017
Published
rehabilitation and liquidation of insolvent insurers. Section 631.021(1), Florida Statutes (1989), provides, in part:
369 So. 2d 380, 1979 Fla. App. LEXIS 14703
District Court of Appeal of Florida | Filed: Mar 27, 1979 | Docket: 64569468
Published
after the expiration of the ninety days. See: Section 631.021(4), Florida Statutes (1977).
*382After the
