The 2023 Florida Statutes (including Special Session C)
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. . . constituted conversion and a failure to return funds belonging to an insurer, in violation of sections 626.561 . . . It contends, however, that Russell’s refusal to return the funds constituted a violation of sections 626.561 . . . Section 626.561(1) provides criminal penalties for an agent’s refusal to return funds belonging to an . . . We note that under sections 626.561(1) and 626.611(10), the Department must establish that the agent . . . business shall account for and pay the same to the insurer, insured, or other person entitled thereto.” § 626.561 . . .
. . . . § 626.561 (1993). . . .
. . . premiums collected by Florida General were trust funds received in a fiduciary capacity pursuant to § 626.561 . . . funds for any purpose other than to pay the “insurer, insured, or other person entitled thereto.” § 626.561 . . . The requirements for establishing “defalcation” do not differ under either the Bankruptcy Code or § 626.561 . . . For purposes of § 523(a)(4), this Court is not bound by the definition of the Florida statute § 626.561 . . . Section 626.561, Fla.Stat. (1987), entitled Reporting and accounting for funds, provides as follows: . . .
. . . National argued that Central was liable for conversion under section 626.561, Florida Statutes (1989) . . .
. . . determined that appellee had a private right of action against appellant for the violation of section 626.561 . . .
. . . The Administrative Complaint also charged with Respondent with a violation of Section 626.561(1), Florida . . . Alleged violations of Sections 626.611(10) and 626.561(1), Florida Statutes (1987), contained in the . . .
. . . Florida Statute 626.561 (1987) states in pertinent part: (1) all premiums, return premiums or other funds . . .
. . . Section 626.561(1), Florida Statutes (1985) provides: All premiums, return premiums, or other funds belonging . . . do not agree that an intent to misappropriate is a necessary element to prove a violation of section 626.561 . . . does not discuss willfulness or intent as being a necessary element to prove a violation of section 626.561 . . .
. . . The insurance company also cites Sections 626.561, 626.611, 626.753, 626.794, 626.9541, 627.403, 627.453 . . .
. . . . § 626.561 Florida Statutes states in pertinent part: “(1) all premiums, return premiums or other funds . . . insurer, insured or other person entitled thereto, (emphasis supplied) Thus, by the express terms of § 626.561 . . .
. . . defendants could be liable for wrongful acts of misconduct which violated the provisions of Section 626.561 . . . supervision or control wrongfully failed to remit premiums due Southern American in violation of Section 626.561 . . .
. . . All these charges gain at least some specificity from Section 626.561, which imposes responsibility on . . . element of a Section 626.611(10) violation because the violation draws essential elements from Section 626.561 . . . Department relied on evidence to show that under “the applicable regular course of business,” Section 626.561 . . .
. . . most of the charges sustained against Brewer, the Insurance Commissioner found a violation of Section 626.561 . . .
. . . 626.621 [2]); and (h) He failed to properly account for funds belonging to insurers or others (F.S. 626.561 . . . violated Florida Statutes 627.-403, 626.611(4), 626.611 (7), 626.611(9), 626.611(10), 626.621(2) and 626.561 . . .