Florida Statutes

Fla. Stat. § 641.3905 (2025)

General powers and duties of the department and office.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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641.3905 General powers and duties of the department and office.—In addition to the powers and duties set forth in s. 624.307, the department and office shall each have the power within its respective regulatory jurisdiction to examine and investigate the affairs of every person, entity, or health maintenance organization in order to determine whether the person, entity, or health maintenance organization is operating in accordance with the provisions of this part or has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by s. 641.3901, and each shall have the powers and duties specified in ss. 641.3907-641.3913 in connection therewith.

History.—ss. 37, 47, ch. 85-177; ss. 128, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1592, ch. 2003-261.

Notes of Decisions

Cited in 2 cases, 2001–2003 · leading case: Greene v. Well Care HMO, Inc., 778 So. 2d 1037 (Fla. 4th DCA 2001).

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Greene v. Well Care HMO, Inc., 778 So. 2d 1037 (Fla. 4th DCA 2001). “Section 641.3905, gives the Department of Insurance: [t]he power to examine and investigate the affairs of every person, entity, or health maintenance organization in order to determine whether the person, entity, or health maintenance organization is operating in accordance…”

Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc., 837 So. 2d 1133 (Fla. 5th DCA 2003). “§ 641.3905. It may conduct hearings in accord with chapter 120 to determine whether a person has engaged in unfair methods of competition or an unfair or deceptive practice.”

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