The 2023 Florida Statutes (including Special Session C)
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. . . interpretation of the statutes, and because the hearing officer failed to rule on the applicability of [s]ection 626.611 . . .
. . . applicable grounds exist under circumstances for which such ... revocation ... is not mandatory under s. 626.611 . . .
. . . See §§ 626.611(2) and 626.207(2), Fla. Stat. (2017); Bethencourt-Miranda v. . . .
. . . Florida Statutes (2003), namely, viati-cáis, without a securities license, in violation of section 626.611 . . . unregistered securities that were required to be registered pursuant to chapter 517, in violation of section 626.611 . . . a lack of fitness or trustworthiness to engage in the business of insurance in violation of section 626.611 . . . (codified at §§ 517.021(21)(w), 626.611(17), 626.9911(11), Fla. . . . . §§ 517.07, 517.12, 626.611(16), (17), Fla. Stat. (2005). . . .
. . . In addition, the Department cited section 626.611(1), (7), and (14), Florida Statutes (2011), which list . . .
. . . See § 626.611(14), Fla. Stat. . . .
. . . administrative law judge (“ALJ”) issued a recommended order concluding that McCloskey violated section 626.611 . . . the Department adopted the recommended order and, in addition, found that McCloskey violated section 626.611 . . . a lack of fitness or trustworthiness to engage in the business of insurance in violation of section 626.611 . . . Section 626.611, Florida Statutes (2003), provides: The department shall deny an application for, suspend . . . Section 626.611(7), Florida Statutes (2003), provides for the suspension of an insurance agent's license . . .
. . . . §§ 626.611, .841, Fla. Stat. (2008). . . . .
. . . ), Florida Statutes (2004), or had engaged in fraudulent or dishonest practices pursuant to section 626.611 . . . and that her actions constituted grounds for suspension or revocation of her license under sections 626.611 . . . The Department then opined that under Thomas, the ALJ was required to find violations of section 626.611 . . . The Department further concluded that sliding is a per se violation of section 626.611(7). . . . In this case, the ALJ did not provide an explicit interpretation of sections 626.611(7) and (9). . . .
. . . Mack violated sections 624.11(1), 626.611(5), (7), (8), (9) and (13), 626.621(2), (3) and (12), 626.9521 . . . Mack violated, among other provisions, sections 624.11(1), 626.611(5), (7), (8), and (13), 626.621(2) . . .
. . . Faloon violated section 626.611(9), Florida Statutes (2001), was error. . . . Pursuant to the Department’s rules, without the violation of section 626.611(9), the proper length of . . .
. . . without authorization from this client and, in doing so, had engaged in acts proscribed by sections 626.611 . . . Robert’s violation of section 626.611(9) carried the highest penalty, a nine-month license suspension . . . Robert violated section 626.611(9) which proscribes “[fraudulent or dishonest practices in the conduct . . . , Department of Insurance, 689 So.2d 1211 (Fla. 1st DCA 1997), the court strictly construed section 626.611 . . . (a) The Department is authorized to find that multiple grounds exist under sections 626.611 and 626.621 . . .
. . . Clark Butler, a builder and developer, challenges the constitutionality of sections 626.611(H), 626.8437 . . . Department of Insurance seeking a declaratory judgment that sections 626.572, 626.9541(l)(h)3.a., and 626.611 . . . Section 626.611(11) gives the Department of Insurance the authority to deny an application for, suspend . . . Section 626.8437, Florida Statutes (1997), contains the same provisions as section 626.611, but refers . . . Section 626.611(11) is the same statute challenged by Butler and states that the department may take . . .
. . . Section 626.611(10), Florida Statutes (1993), prohibits misappropriation but does not define the term . . .
. . . But we agree that the Department failed, as a matter of law, to prove a violation of section 626.611( . . . Section 626.611(9) Construed In general, a reviewing court owes deference to an agency’s interpretation . . . The Department’s final order nevertheless found that she violated section 626.611(9), Florida Statutes . . . The “single act of misconduct” found here did not establish a violation of section 626.611(9), Florida . . . Second, we have concluded as a matter of law that no violation of section 626.611(9), Florida Statutes . . .
. . . The final order finds appellant guilty of violations of sections 626.611(5) and (9), 626.621(12), 627.4085 . . . Substantial competent evidence supports the determination that appellant violated sections 626.611(5) . . . contention to the contrary, and affirm the final order insofar as it finds appellant violated sections 626.611 . . .
. . . constitutionality of Rule 4-186.003(13)(a), Florida Administrative Code, and sections 626.9541(l)(h)3.a., 626.611 . . . included in the amended complaint a challenge to the constitutionality of sections 626.9541(l)(h)3.a., 626.611 . . . Section 626.611(11) provides for disciplinary action against any agent who unlawfully rebates or divides . . . upon the facial validity of the anti-rebate statutory scheme as set forth in sections 626.9541(l)(h), 626.611 . . . The Department and the Intervenors originally took the position that section 626.611(11) did not apply . . .
. . . Mitchell had aided in those practices in violation of sections 626.621(12) and 626.611(7), Florida Statutes . . .
. . . each of sections 626.621(6)(unfair methods of competition or unfair or deceptive acts or practices), 626.611 . . . (7) (lack of fitness/trustworthiness) and 626.611(9) (fraudulent or dishonest practices under license . . . under circumstances for which such denial, suspension, revocation, or refusal is not mandatory under s. 626.611 . . . Florida Administrative Code (“The Department is authorized to find multiple grounds exist under sections 626.611 . . .
. . . conversion and a failure to return funds belonging to an insurer, in violation of sections 626.561, 626.611 . . . however, that Russell’s refusal to return the funds constituted a violation of sections 626.561(1), 626.611 . . . provides criminal penalties for an agent’s refusal to return funds belonging to an insurer; section 626.611 . . . We note that under sections 626.561(1) and 626.611(10), the Department must establish that the agent . . . beneficiaries or to others and received in conduct of business under the license or appointment.” § 626.611 . . .
. . . Accordingly, a licensee could be held in violation of Section 626.611, Florida Statutes, where he did . . . [Section 626.611(5), Florida Statutes] (c) Demonstrated lack of fitness or trustworthiness to engage . . . [Section 626.611(7), Florida Statutes] (d) Fraudulent or dishonest practices in the conduct of business . . . [Section 626.611(10), Florida Statutes] (f) Willful failure to comply with, or willful violation of, . . . [Section 626.611(13), Florida Statutes] (g) Violation of any provision of this code or of any other law . . . commit the misconduct alleged and he cannot, therefore, be disciplined under the provisions of section 626.611 . . .
. . . 9541(l)(a); a demonstrated lack of fitness and trustworthiness to engage in the insurance business, (626.611 . . . (7); a demonstrated lack of general knowledge, (626.-611(8); fraudulent or dishonest practices, (626.611 . . . Section 626.611 sets forth grounds of misconduct requiring compulsory suspension or revocation of an . . . Thus, when one has violated section 626.611 and 626.621, section 626.611 governs the penalty to be imposed . . . Section 626.611 states in part material to this case: The department shall deny, suspend, revoke, or . . .
. . . Consumer Advocate's Office, 492 So.2d 1032 (Fla. 1986) (holding the prohibition of rebate portions of §§ 626.611 . . .
. . . . §§ 626.601, 626.611, Fla.Stat. (1985). . . . reasonable premium for high-risk, low-benefit insurance policies without engaging in deception. . § 626.611 . . . (5), Fla.Stat. (1985). . § 626.611(7), Fla.Stat. (1985). . § 626.611(9), Fla.Stat. (1985). . § 626.621 . . .
. . . the term “lack of fitness or trustworthiness to engage in business of insurance”, provided in Section 626.611 . . .
. . . Insurance Code, Florida Statutes (1987): (1) demonstrated lack of fitness or untrustworthiness, Section 626.611 . . . (7); (2) demonstrated lack of reasonably adequate knowledge and technical competence, Section 626.611 . . . (8); (3) fraudulent or dishonest practices, Section 626.611(9); and (4) unfair or deceptive acts or practices . . . It is concluded that the evidence did not prove a violation of Section 626.611(7), (8) or (9). . . . Alleged violations of Sections 626.611(10) and 626.561(1), Florida Statutes (1987), contained in the . . .
. . . (Section 626.611(7), Florida Statutes) (b) Having been found guilty of, or having pleaded guilty or nolo . . . (Section 626.611(14), Florida Statutes) (c) Having been found guilt of, or having pleaded guilty or nolo . . . s “demonstrated lack of fitness or trustworthiness to engage in the business of insurance” (Section 626.611 . . . (7)), the Court did not reach the issues raised by the other two grounds under Sections 626.611(14) and . . . Section 626.611(14), quoted as follows, is one of several grounds for compulsory refusal, suspension, . . .
. . . For the reasons expressed, we find sections 626.611(11) and 626.9541(l)(h)l, Florida Statutes (1983), . . . Section 626.611 provides, in pertinent part: The department shall deny, suspend, revoke, or refuse to . . .
. . . Section 626.611, Florida Statutes (1981); Section 626.621, Florida Statutes (1981). AFFIRMED. . . .
. . . The insurance company also cites Sections 626.561, 626.611, 626.753, 626.794, 626.9541, 627.403, 627.453 . . .
. . . than simply permit an agent to contract with a customer over a rebate of his commission; that section 626.611 . . . Those three statutory provisions — rather than section 626.611(11) —identify what is an unlawful division . . . Disciplinary action for unlawful divisions is provided for in section 626.-753(4) and section 626.611 . . . the fact that such misrepresentations are now prohibited in sections 626.-9541(l)(a), (b) and (e) and 626.611 . . . BOOTH and WENTWORTH, JJ., concur. . § 626.611(11), Fla.Stat., states: Grounds for compulsory refusal, . . .
. . . demonstrating lack of fitness or un-trustworthiness to engage in the business of insurance, Section 626.611 . . . Statutes; (2) having pled guilty, in this or any state, to a felony involving moral turpitude, Section 626.611 . . . insurance and that his license, therefore, is not subject to the mandatory revocation sanctions of Section 626.611 . . . therefore, to AFFIRM the final order revoking Natel-son’s licenses on the basis of a violation of section 626.611 . . . In so doing we need not reach the issues raised as to revocation under sections 626.611(14) and 626.621 . . .
. . . concluded that appellant’s conduct with regard to the “light box” constituted violations of section 626.611 . . . (5) (willful deception with regard to an insurance policy), section 626.611(7) (lack of fitness or trustworthiness . . . ), section 626.611(9) (fraudulent or dishonest practices), and section 626.621(6) (unfair or deceptive . . .
. . . Hartnett urges the Commissioner erred in concluding that he had violated Sections 626.621(2) and 626.611 . . . alleged that Hartnett had violated numerous provisions of the insurance code, particularly Section 626.611 . . . with the license” and “in conduct of business under the license” language of Section 626.621(2) and 626.611 . . . business” under a license would satisfy a finding of “lack of fitness or trustworthiness” (Section 626.611 . . . and trustworthiness” standard, the element of “willfulness” found to be necessary in proof of Section 626.611 . . .
. . . upon a ground which would subject the agent to suspension or revocation of his license under section 626.611 . . .
. . . order found, that Bowling committed several similar violations of the insurance code, notably Section 626.611 . . . The charges against Bowling are based on Section 626.611, which in contrast to Section 626.621 (authorizing . . . Section 626.611(7). . . . Section 626.611(13): (13) Willful failure to comply with, or willful violation of, any proper order, . . . Section 626.611(4): (4) If the license or permit is willfully used, or to be used, to circumvent any . . .
. . . He urges that Sections 626.611 and 626.621, Florida Statutes, under which his licenses and eligibility . . . Next, we consider Brewer’s argument that Sections 626.611 and 626.621, Florida Statutes, constitute an . . . Section 626.611, Florida Statutes states the compulsory grounds for such penalties and Section 626.621 . . . Brewer contends that Sections 626.611 and 626.621, do not provide any standard or guideline as to which . . . Sections 626.611 and 626.621 are part of a legislative scheme for determining whether applicants are . . .
. . . [2]); (c) He willfully used his license to circumvent the requirements of the insurance code (F.S. 626.611 . . . [7]); (e) He committed fraudulent or dishonest practices (F.S. 626.611 [9]) ; (f) He misappropriated . . . money belonging to others in the conduct of business under his license (F.S. 626.611 [10]) ; (g) He . . . (4), 626.611 (7), 626.611(9), 626.611(10), 626.621(2) and 626.561. . . . See Florida Statutes 626.611(4), (7), (9) ; 626.621(2); and 626.970(2). . . . . .
. . . . § 626.611, F.S.A. . . .
. . . Pursuant to Florida Statutes 626.611(7), F.S.A., the evidence appears sufficient to sustain the Insurance . . .