Florida Statutes

Fla. Stat. § 631.021 (2025)

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

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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.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1970–2025 · leading case: Chase Bank of Texas Natl. Ass'n v. State Dept. of Ins., 860 So. 2d 472 (Fla. 1st DCA 2003).

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Chase Bank of Texas Natl. Ass'n v. State Dept. of Ins., 860 So. 2d 472 (Fla. 1st DCA 2003). · cites it 6× “Chase contends that section 631.021, Florida Statutes, does not confer jurisdiction on the circuit court to hear third-party claims such as these, because the statute states that "[a]ny delinquency proceeding in this chapter is in equity.”

Ocean Bank v. State, Dept. of Fin. Servs., 902 So. 2d 833 (Fla. 1st DCA 2005). · cites it 4× “" § 631.021(5), Fla. Stat. (2004). Ocean then petitioned the Circuit Court of Leon County "for relief from the receiver's refusal to accept service.”

Florida Dep't of Ins. v. Blackburn (In Re Blackburn), 209 B.R. 4 (Bankr. M.D. Fla. 1997). “” § 631.021(3), Fla.Star. In such a proceeding, the Department of Insurance “shall” be the receiver.”

Am. Bonding Co. v. Coastal Metal Sales, 679 So. 2d 1250 (Fla. 2d DCA 1996). · cites it 2× “Tom, 153 So.2d 334 (Fla. 2d DCA 1963). Both states have statutes permitting appeals from these orders, implying that such an order might not otherwise be a final appealable order.”

In Re Intern. Forum of Fla. Health Ben. Tr., 607 So. 2d 432 (Fla. 1st DCA 1992). · cites it 2× “Section 631.021(1), Florida Statutes (1989), provides, in part: "Any delinquency proceeding in this chapter is in equity.”

Sabato v. Florida Dep't of Ins., 768 F. Supp. 1562 (S.D. Fla. 1991). · cites it 2× “Fla. Stat. § 631.021 (1989). The Circuit Court issues orders of liquidation, enjoins suits against the DEPARTMENT to protect the proceedings, and oversees the DEPARTMENT’S assessment of claims by and against the insurer’s estate.”

Florida Dept. of Ins. v. Cypress Ins. Co., 660 So. 2d 1177 (Fla. 1st DCA 1995). · cites it 4× “See § 631.021, Fla. Stat. (1991). NOTES [1] We decline to address the Department's argument that other grounds beside insolvency exist for receivership because insolvency was the only ground alleged in the Department's petition and the only ground ruled upon in the appealed…”

FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). “" Section 631.021(4). [3] Secondly, the sole ground for the entry by a Florida court of an order of liquidation as to a foreign insurer is contained in Section 631.”

Main Ins. v. Bradford, 369 So. 2d 380 (Fla. 3d DCA 1979). · cites it 2× “See: Section 631.021(4), Florida Statutes (1977).”

Appeal of Actron Contractors Equip. v. South Broward Hosp. Dist., 607 So. 2d 432 (Fla. 1st DCA 1992). · cites it 2× “Section 631.021(1), Florida Statutes (1989), provides, in part: "Any delinquency proceeding in this chapter is in equity.”

Provident Capital Indem., Ltd. v. State ex rel. Dep't of Ins. of the State of Florida, 677 So. 2d 363 (Fla. 1st DCA 1996). · cites it 2× “A delinquency proceeding encompasses “any proceeding commenced against an insurer pursuant to [Part 1, Chapter 631, Florida Statutes] for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer.”

Bartholomew v. Glens Falls Ins. Grp., 241 So. 2d 698 (Fla. 1st DCA 1970). · cites it 2× “That the insurer: "(1) Is impaired or insolvent;" * * * * * * "(6) Is found by the commissioner to be in such condition that further transaction of business by it will be hazardous to its policyholder, creditors, or stockholders;" [1] Section 631.021 "(4) Delinquency proceedings…”

Show all 17 citing cases →

— 631.021(1) — 4 cases

Chase Bank of Texas Natl. Ass'n v. State Dept. of Ins., 860 So. 2d 472 (Fla. 1st DCA 2003). “Chase contends that section 631.021, Florida Statutes, does not confer jurisdiction on the circuit court to hear third-party claims such as these, because the statute states that "[a]ny delinquency proceeding in this chapter is in equity.”

In Re Intern. Forum of Fla. Health Ben. Tr., 607 So. 2d 432 (Fla. 1st DCA 1992). “Section 631.021(1), Florida Statutes (1989), provides, in part: "Any delinquency proceeding in this chapter is in equity.”

Appeal of Actron Contractors Equip. v. South Broward Hosp. Dist., 607 So. 2d 432 (Fla. 1st DCA 1992). “Section 631.021(1), Florida Statutes (1989), provides, in part: "Any delinquency proceeding in this chapter is in equity.”

Bender v. State, Dep't of Fin. Servs., 17 So. 3d 770 (Fla. 1st DCA 2009).

— 631.021(3) — 3 cases

Florida Dept. of Ins. v. Cypress Ins. Co., 660 So. 2d 1177 (Fla. 1st DCA 1995). “See § 631.021, Fla. Stat. (1991). NOTES [1] We decline to address the Department's argument that other grounds beside insolvency exist for receivership because insolvency was the only ground alleged in the Department's petition and the only ground ruled upon in the appealed…”

Devonshire at PGA Nat'l, LLC v. State ex rel. Dep't of Fin. Servs., 103 So. 3d 1060 (Fla. 1st DCA 2013).

— 631.021(4) — 3 cases

Am. Bonding Co. v. Coastal Metal Sales, 679 So. 2d 1250 (Fla. 2d DCA 1996). “Tom, 153 So.2d 334 (Fla. 2d DCA 1963). Both states have statutes permitting appeals from these orders, implying that such an order might not otherwise be a final appealable order.”

Main Ins. v. Bradford, 369 So. 2d 380 (Fla. 3d DCA 1979). “See: Section 631.021(4), Florida Statutes (1977).”

— 631.021(5) — 1 case

Ocean Bank v. State, Dept. of Fin. Servs., 902 So. 2d 833 (Fla. 1st DCA 2005). “" § 631.021(5), Fla. Stat. (2004). Ocean then petitioned the Circuit Court of Leon County "for relief from the receiver's refusal to accept service.”

— 631.021(6) — 1 case

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