Florida Statutes

Fla. Stat. § 641.3917 (2025)

Civil liability.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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641.3917 Civil liability.—The provisions of this part are cumulative to rights under the general civil and common law, and no action of the department or office shall abrogate such rights to damage or other relief in any court.

History.—ss. 42, 47, ch. 85-177; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1597, ch. 2003-261.

Notes of Decisions

Cited in 3 cases, 2001–2005 · leading case: Westside EKG Assocs. v. Found. Health, 932 So. 2d 214 (Fla. 4th DCA 2005).

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Westside EKG Assocs. v. Found. Health, 932 So. 2d 214 (Fla. 4th DCA 2005). · cites it 2× “In affirming a dismissal, we concluded that the civil liability language in section 641.3917, Florida Statutes, does not infer a private cause of action against an HMO for unfair or deceptive practices and bad faith.”

Greene v. Well Care HMO, Inc., 778 So. 2d 1037 (Fla. 4th DCA 2001). · cites it 2× “The Greenes also rely on section 641.3917, Florida Statutes, which provides: Civil liability.”

Florida Physicians Union, Inc. v. United Healthcare of Fla., Inc., 837 So. 2d 1133 (Fla. 5th DCA 2003). “Second, section 641.3917. It provides that the provisions of the statute are "cumulative to rights under the general and civil and common law, and no action of the *1137 Department shall abrogate such rights to damages or other relief in any court.”

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