Florida Statute 636.046 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 636
PREPAID LIMITED HEALTH SERVICE ORGANIZATIONS AND DISCOUNT PLAN ORGANIZATIONS

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F.S. 636.046

636.046 Insolvency protection.—

(1) Except as required in subsection (2), each prepaid limited health service organization must deposit with the department cash or securities of the type eligible under s. 641.35 which must have at all times a market value in the amount set forth in this subsection. The amount of the deposit shall be reviewed annually or more often as the office deems necessary. The market value of the deposit must be $50,000.

(2)(a) If securities or assets deposited by a prepaid limited health service organization under this act are subject to material fluctuations in market value, the office may in its discretion require the organization to deposit and maintain on deposit additional securities or assets in an amount as may be reasonably necessary to assure that the deposit will at all times have a market value of not less than the amount specified under this section.

(b) If for any reason the market value of assets and securities of a prepaid limited health service organization held on deposit under this act falls below the amount required, the organization must promptly deposit other or additional assets or securities eligible for deposit sufficient to cure the deficiency. If the prepaid limited health service organization has failed to cure the deficiency within 30 days after receipt of notice by certified mail from the office, the office may revoke the certificate of authority of the prepaid limited health service organization.

(c) A prepaid limited health service organization may, at its option, deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this act for the purpose of absorbing fluctuations in the value of securities and assets deposited and to facilitate the exchange and substitution of securities and assets. During the solvency of the prepaid limited health service organization any excess must be released to the organization upon its request. During the insolvency of the prepaid limited health service organization, any excess deposit may be released only as provided in s. 625.62.

(3) All income from deposits belongs to the depositing prepaid limited health service organization and must be paid to it as it becomes available.

History.—s. 37, ch. 93-148; s. 1540, ch. 2003-261.

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Amendments to 636.046

Arrestable Offenses / Crimes under Fla. Stat. 636.046

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 636.046.

Annotations, Discussions, Cases:

Cases Citing Statute 636.046

Total Results: 4

Doe v. Mortham

Court: Supreme Court of Florida | Date Filed: 1998-03-19

Citation: 708 So. 2d 929, 1998 WL 120280

Snippet: v. Valeo, 424 U.S. 1, 20-22, 96 S.Ct. 612, 635-636, 46 L.Ed.2d 659 (1976). Thus, to the extent that the

Breakstone v. MacKenzie

Court: District Court of Appeal of Florida | Date Filed: 1989-09-14

Citation: 561 So. 2d 1164, 1989 WL 137619

Snippet: Buckley v. Valeo, 424 U.S. 1, 22, 96 S.Ct. 612, 636, 46 L.Ed.2d 659, 689 (1976) ("Making a contribution

Ferre v. State Ex Rel. Reno

Court: District Court of Appeal of Florida | Date Filed: 1985-08-13

Citation: 478 So. 2d 1077, 10 Fla. L. Weekly 1955

Snippet: financial contributions." 424 U.S. at 23, 96 S.Ct. at 636, 46 L.Ed.2d at 690. Second, none of the compelling

Peel v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-02-01

Citation: 150 So. 2d 281

Snippet: " In the case of Ellsworth v. State, 258 Wis. 636, 46 N.W.2d 746, it is stated: "Defendant now asserts