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Florida Statute 626.611 | Lawyer Caselaw & Research
F.S. 626.611 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS
View Entire Chapter
F.S. 626.611
626.611 Grounds for compulsory refusal, suspension, or revocation of agent’s, title agency’s, adjuster’s, customer representative’s, service representative’s, or managing general agent’s license or appointment.
(1) The department shall deny an application for, suspend, revoke, or refuse to renew or continue the license or appointment of any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, and it shall suspend or revoke the eligibility to hold a license or appointment of any such person, if it finds that as to the applicant, licensee, or appointee any one or more of the following applicable grounds exist:
(a) Lack of one or more of the qualifications for the license or appointment as specified in this code.
(b) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment or in attempting to obtain the license or appointment.
(c) Failure to pass to the satisfaction of the department any examination required under this code.
(d) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code.
(e) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.
(f) If, as an adjuster, or agent licensed and appointed to adjust claims under this code, he or she has materially misrepresented to an insured or other interested party the terms and coverage of an insurance contract with intent and for the purpose of effecting settlement of claim for loss or damage or benefit under such contract on less favorable terms than those provided in and contemplated by the contract.
(g) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance.
(h) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment.
(i) Fraudulent or dishonest practices in the conduct of business under the license or appointment.
(j) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment.
(k) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another.
(l) Having obtained or attempted to obtain, or having used or using, a license or appointment as agent or customer representative for the purpose of soliciting or handling “controlled business” as defined in s. 626.730 with respect to general lines agents, s. 626.784 with respect to life agents, and s. 626.830 with respect to health agents.
(m) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code.
(n) Having been found guilty of or having pleaded guilty or nolo contendere to a misdemeanor directly related to the financial services business, any felony, or any crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases.
(o) Fraudulent or dishonest practice in submitting or aiding or abetting any person in the submission of an application for workers’ compensation coverage under chapter 440 containing false or misleading information as to employee payroll or classification for the purpose of avoiding or reducing the amount of premium due for such coverage.
(p) Sale of an unregistered security that was required to be registered, pursuant to chapter 517.
(q) In transactions related to viatical settlement contracts as defined in s. 626.9911:
1. Commission of a fraudulent or dishonest act.
2. No longer meeting the requirements for initial licensure.
3. Having received a fee, commission, or other valuable consideration for his or her services with respect to viatical settlements that involved unlicensed viatical settlement providers or persons who offered or attempted to negotiate on behalf of another person a viatical settlement contract as defined in s. 626.9911 and who were not licensed life agents.
4. Dealing in bad faith with viators.
(2) The department shall, upon receipt of information or an indictment, immediately temporarily suspend a license or appointment issued under this chapter when the licensee is charged with a felony enumerated in s. 626.207(2). Such suspension shall continue if the licensee is found guilty of, or pleads guilty or nolo contendere to, the crime, regardless of whether a judgment or conviction is entered, during a pending appeal. A person may not transact insurance business after suspension of his or her license or appointment.
History.s. 240, ch. 59-205; ss. 13, 35, ch. 69-106; s. 12, ch. 71-86; s. 160, ch. 73-333; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 204, 217, 807, 810, ch. 82-243; s. 28, ch. 82-386; s. 13, ch. 88-166; s. 49, ch. 90-201; ss. 55, 206, 207, ch. 90-363; s. 47, ch. 91-1; s. 4, ch. 91-429; s. 14, ch. 92-146; s. 10, ch. 92-318; s. 236, ch. 97-102; s. 28, ch. 98-199; s. 12, ch. 2001-142; s. 59, ch. 2002-206; s. 947, ch. 2003-261; s. 45, ch. 2004-390; s. 11, ch. 2005-237; s. 17, ch. 2014-123; s. 26, ch. 2017-175; s. 17, ch. 2023-144.

F.S. 626.611 on Google Scholar

F.S. 626.611 on Casetext

Amendments to 626.611


Arrestable Offenses / Crimes under Fla. Stat. 626.611
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.611.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TRACEY, v. WELLS FARGO BANK, N. A. AS TRUSTEE FOR CERTIFICATEHOLDERS OF BANC OF AMERICA MORTGAGE SECURITIES, INC., 264 So. 3d 1152 (Fla. App. Ct. 2019)

. . . interpretation of the statutes, and because the hearing officer failed to rule on the applicability of [s]ection 626.611 . . .

TURBEVILLE, v. DEPARTMENT OF FINANCIAL SERVICES,, 248 So. 3d 194 (Fla. App. Ct. 2018)

. . . applicable grounds exist under circumstances for which such ... revocation ... is not mandatory under s. 626.611 . . .

ZALDIVAR, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES,, 225 So. 3d 989 (Fla. Dist. Ct. App. 2017)

. . . See §§ 626.611(2) and 626.207(2), Fla. Stat. (2017); Bethencourt-Miranda v. . . .

P. McCLOSKEY, v. DEPARTMENT OF FINANCIAL SERVICES,, 172 So. 3d 973 (Fla. Dist. Ct. App. 2015)

. . . 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). . . .

KAUK, v. DEPARTMENT OF FINANCIAL SERVICES,, 131 So. 3d 805 (Fla. Dist. Ct. App. 2014)

. . . In addition, the Department cited section 626.611(1), (7), and (14), Florida Statutes (2011), which list . . .

CARTER, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES,, 117 So. 3d 476 (Fla. Dist. Ct. App. 2013)

. . . See § 626.611(14), Fla. Stat. . . .

P. McCLOSKEY, v. DEPARTMENT OF FINANCIAL SERVICES,, 115 So. 3d 441 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

SANTANA, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES,, 61 So. 3d 1262 (Fla. Dist. Ct. App. 2011)

. . . . §§ 626.611, .841, Fla. Stat. (2008). . . . .

BECKETT, v. DEPARTMENT OF FINANCIAL SERVICES,, 982 So. 2d 94 (Fla. Dist. Ct. App. 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, v. DEPARTMENT OF FINANCIAL SERVICES, STATE OF FLORIDA,, 914 So. 2d 986 (Fla. Dist. Ct. App. 2005)

. . . 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) . . .

L. FALOON, v. DEPARTMENT OF FINANCIAL SERVICES, STATE OF FLORIDA,, 911 So. 2d 1286 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

ROBERT, Jr. v. DEPARTMENT OF INSURANCE,, 854 So. 2d 681 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

CHICAGO TITLE INSURANCE CO. v. S. BUTLER,, 770 So. 2d 1210 (Fla. 2000)

. . . 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 . . .

POU, v. DEPARTMENT OF INSURANCE AND TREASURER,, 707 So. 2d 941 (Fla. Dist. Ct. App. 1998)

. . . Section 626.611(10), Florida Statutes (1993), prohibits misappropriation but does not define the term . . .

K. WERNER, v. STATE DEPARTMENT OF INSURANCE AND TREASURER,, 689 So. 2d 1211 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

COTTRILL, v. DEPARTMENT OF INSURANCE,, 685 So. 2d 1371 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

S. BUTLER v. STATE DEPARTMENT OF INSURANCE, 680 So. 2d 1103 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

JAMES MITCHELL CO. JMC K. JMC v. FLORIDA DEPARTMENT OF INSURANCE AND TREASURER,, 679 So. 2d 334 (Fla. Dist. Ct. App. 1996)

. . . Mitchell had aided in those practices in violation of sections 626.621(12) and 626.611(7), Florida Statutes . . .

WHITAKER, v. DEPARTMENT OF INSURANCE AND TREASURER,, 680 So. 2d 528 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

RUSSELL, v. STATE DEPARTMENT OF INSURANCE,, 668 So. 2d 276 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

W. GANTER, v. DEPARTMENT OF INSURANCE,, 620 So. 2d 202 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

DYER, v. DEPARTMENT OF INSURANCE AND TREASURER, a, 585 So. 2d 1009 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

B. KEE, CTL a v. NATIONAL RESERVE LIFE INSURANCE COMPANY, a, 918 F.2d 1538 (11th Cir. 1990)

. . . Consumer Advocate's Office, 492 So.2d 1032 (Fla. 1986) (holding the prohibition of rebate portions of §§ 626.611 . . .

C. THOMAS, v. STATE DEPARTMENT OF INSURANCE AND TREASURER, A. THOMAS, v. STATE DEPARTMENT OF INSURANCE AND TREASURER,, 559 So. 2d 419 (Fla. Dist. Ct. App. 1990)

. . . . §§ 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 . . .

SMITH, v. KRUGMAN- KADI, 547 So. 2d 677 (Fla. Dist. Ct. App. 1989)

. . . the term “lack of fitness or trustworthiness to engage in business of insurance”, provided in Section 626.611 . . .

DEPARTMENT OF INSURANCE v. JAAR, 35 Fla. Supp. 2d 198 (Fla. Div. Admin. Hearings 1988)

. . . 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 . . .

M. PAISLEY, v. DEPARTMENT OF INSURANCE,, 526 So. 2d 167 (Fla. Dist. Ct. App. 1988)

. . . (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, . . .

DEPARTMENT OF INSURANCE, v. DADE COUNTY CONSUMER ADVOCATE S OFFICE,, 492 So. 2d 1032 (Fla. 1986)

. . . 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 . . .

DEVOR, v. DEPARTMENT OF INSURANCE,, 473 So. 2d 1319 (Fla. Dist. Ct. App. 1985)

. . . Section 626.611, Florida Statutes (1981); Section 626.621, Florida Statutes (1981). AFFIRMED. . . .

NATIONAL BEN FRANKLIN LIFE INSURANCE CORPORATION, v. COHEN,, 464 So. 2d 1256 (Fla. Dist. Ct. App. 1985)

. . . The insurance company also cites Sections 626.561, 626.611, 626.753, 626.794, 626.9541, 627.403, 627.453 . . .

DADE COUNTY CONSUMER ADVOCATE S OFFICE, v. DEPARTMENT OF INSURANCE, 457 So. 2d 495 (Fla. Dist. Ct. App. 1984)

. . . 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, . . .

B. NATELSON, v. DEPARTMENT OF INSURANCE,, 454 So. 2d 31 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

DANIELS, v. GUNTER,, 438 So. 2d 184 (Fla. Dist. Ct. App. 1983)

. . . 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 . . .

J. HARTNETT, Sr. v. DEPARTMENT OF INSURANCE,, 406 So. 2d 1180 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

CYCLE DEALERS INSURANCE, INC. a v. BANKERS INSURANCE COMPANY, a, 394 So. 2d 1123 (Fla. Dist. Ct. App. 1981)

. . . upon a ground which would subject the agent to suspension or revocation of his license under section 626.611 . . .

H. BOWLING, v. DEPARTMENT OF INSURANCE,, 394 So. 2d 165 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

BREWER, v. INSURANCE COMMISSIONER AND TREASURER,, 392 So. 2d 593 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

DREW, v. INSURANCE COMMISSIONER AND TREASURER,, 330 So. 2d 794 (Fla. Dist. Ct. App. 1976)

. . . [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). . . . . .

W. C. JONES, v. LIFE INSURANCE COMPANY OF FLORIDA,, 215 So. 2d 889 (Fla. Dist. Ct. App. 1968)

. . . . § 626.611, F.S.A. . . .

In STIENHANS,, 194 So. 2d 40 (Fla. Dist. Ct. App. 1967)

. . . Pursuant to Florida Statutes 626.611(7), F.S.A., the evidence appears sufficient to sustain the Insurance . . .