Florida Statute 641.3905 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 641
HEALTH CARE SERVICE PROGRAMS

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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.

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Amendments to 641.3905

Annotations, Discussions, Cases:

Cases Citing Statute 641.3905

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Greene v. Well Care HMO, Inc., 778 So. 2d 1037 (Fla. 4th DCA 2001).

Cited 11 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 1417, 2001 WL 121163

...In the complaint, the Greenes allege that there is a private cause of action under sections 641.3901-.3905, Florida Statutes. These sections prohibit an HMO from engaging in any unfair or deceptive act or practice and defines those acts or practices. 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 i...

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Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc., 837 So. 2d 1133 (Fla. 5th DCA 2003).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 1990, 2003 WL 365908

...ce; it mandates standards and requirements for their operation and requires them to file reports and submit to examination by the Department of Insurance. Certain kinds of improper business practices are prohibited in sections 641.3901, 641.3903 and 641.3905 and are labeled as "unfair methods of competition and unfair or deceptive acts or practices." Some business practices described in section 641.3903(5) appear to be encompassed by the kinds of practices described in Florida Physician's allegations....

...The Department may seek a temporary or permanent injunction against an HMO, if the statute or any regulation is being violated. § 641.281. It also has been given *1136 extensive powers to examine and investigate HMOs or other persons and entities operating in this regulated business. § 641.3905....