Florida Statute 631.321 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

View Entire Chapter

F.S. 631.321

631.321 Order and levy of assessment.—

(1) Upon the filing and reading of the report and petition provided for in s. 631.311, the court, ex parte, may order the department to assess all members or subscribers of the insurer who may be subject to such an assessment, in such an aggregate amount as the court finds reasonably necessary to pay all valid claims as may be timely filed and proved in the delinquency proceeding, together with the costs and expenses of levying and collecting assessments and the costs and expenses of the delinquency proceeding in full. Any such order shall require the department to assess each such member or subscriber for her or his proportion of the aggregate assessment, according to such reasonable classification of such members or subscribers and formula as may be made by the department and approved by the court.

(2) The court may order additional assessments upon the filing and reading of any amendment or supplement to the report and petition referred to in subsection (1), if such amendment or supplement is filed within 3 years after the date of the entry of the order of rehabilitation or liquidation.

(3) After the entry of the order to levy an assessment upon members or subscribers of an insurer referred to in subsection (1) or subsection (2), the department shall levy an assessment upon such members or subscribers in accordance with the order.

(4) The total of all assessments against any member or subscriber with respect to any policy, whether levied pursuant to this chapter or pursuant to any other provision of this code, shall be for no greater amount than that specified in the policy or policies of the member or subscriber and as limited under this code; except as to any policy which was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, in which event the assessment against any such policyholder shall be upon the basis of the minimum rate for such risk.

(5) No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with this code.

History.—s. 748, ch. 59-205; ss. 13, 35, ch. 69-106; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 407, ch. 97-102.

F.S. 631.321 on Google Scholar

F.S. 631.321 on Casetext

Amendments to 631.321

Arrestable Offenses / Crimes under Fla. Stat. 631.321

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.321.

Annotations, Discussions, Cases:

Cases Citing Statute 631.321

Total Results: 3

Super Transport, Inc. v. Florida Department of Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-02T00:00:00-07:00

Citation: 799 So. 2d 286, 2001 Fla. App. LEXIS 13728

Snippet: collection procedure set forth in sections 631.311, 631.321, and 631.331, Florida Statutes.” On October 15,…petition seeking approval of the assessment. Section 631.321(1) authorizes the Receiver to include in the assessment

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: ." (Emphasis added.) In addition, Section 631.321(1), Florida Statutes (1989), permits the court

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: obligations.” (Emphasis added.) In addition, Section 631.321(1), Florida Statutes (1989), permits the court