The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.621

626.621 Grounds for discretionary refusal, suspension, or revocation of agent’s, adjuster’s, customer representative’s, service representative’s, or managing general agent’s license or appointment.—The department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew or continue the license or appointment of any applicant, agent, adjuster, customer representative, service representative, or managing general agent, and it may 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 under circumstances for which such denial, suspension, revocation, or refusal is not mandatory under s. 626.611:

(1) Any cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department.

(2) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment.

(3) Violation of any lawful order or rule of the department, commission, or office.

(4) Failure or refusal, upon demand, to pay over to any insurer he or she represents or has represented any money coming into his or her hands belonging to the insurer.

(5) Violation of the provision against twisting, as defined in s. 626.9541(1)(l).

(6) In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public.

(7) Willful overinsurance of any property or health insurance risk.

(8) If a life agent, violation of the code of ethics.

(9) Cheating on an examination required for licensure or violating test center or examination procedures published orally, in writing, or electronically at the test site by authorized representatives of the examination program administrator. Communication of test center and examination procedures must be clearly established and documented.

(10) Failure to inform the department in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more under the law of the United States 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 the case.

(11) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office.

(12) Has been the subject of or has had a license, permit, appointment, registration, or other authority to conduct business subject to any decision, finding, injunction, suspension, prohibition, revocation, denial, judgment, final agency action, or administrative order by any court of competent jurisdiction, administrative law proceeding, state agency, federal agency, national securities, commodities, or option exchange, or national securities, commodities, or option association involving a violation of any federal or state securities or commodities law or any rule or regulation adopted thereunder, or a violation of any rule or regulation of any national securities, commodities, or options exchange or national securities, commodities, or options association.

(13) Failure to comply with any civil, criminal, or administrative action taken by the child support enforcement program under Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq., to determine paternity or to establish, modify, enforce, or collect support.

(14) Directly or indirectly accepting any compensation, inducement, or reward from an inspector for the referral of the owner of the inspected property to the inspector or inspection company. This prohibition applies to an inspection intended for submission to an insurer in order to obtain property insurance coverage or establish the applicable property insurance premium.

(15) Denial, suspension, or revocation of, or any other adverse administrative action against, a license to practice or conduct any regulated profession, business, or vocation by this state, any other state, any nation, any possession or district of the United States, any court, or any lawful agency thereof.

(16) Taking an action that allows the personal financial or medical information of a consumer or customer to be made available or accessible to the general public, regardless of the format in which the record is stored.

(17) Initiating in-person or telephone solicitation after 9 p.m. or before 8 a.m. local time of the prospective customer unless requested by the prospective customer.

(18) Cancellation of the applicant’s, licensee’s, or appointee’s resident license in a state other than Florida.

History.—s. 241, ch. 59-205; ss. 13, 35, ch. 69-106; s. 13, ch. 71-86; 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. 206, 217, 807, 810, ch. 82-243; s. 17, ch. 87-226; s. 14, ch. 88-166; s. 57, ch. 89-360; ss. 56, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 15, ch. 92-146; s. 237, ch. 97-102; s. 29, ch. 98-199; s. 46, ch. 2001-63; s. 60, ch. 2002-206; s. 948, ch. 2003-261; s. 46, ch. 2004-390; s. 24, ch. 2005-257; s. 47, ch. 2010-175; s. 19, ch. 2012-209; s. 1, ch. 2014-104; s. 27, ch. 2017-175; s. 6, ch. 2021-104; s. 18, ch. 2023-144.

F.S. 626.621 on Google Scholar

F.S. 626.621 on Casetext

Amendments to 626.621

Arrestable Offenses / Crimes under Fla. Stat. 626.621

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.621.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . revoking Appellant's insurance license, following the Department's finding that Appellant violated section 626.621 . . . Appellant argues that: (1) the language of section 626.621(13), Florida Statutes, and the penalty guidelines . . . (13), Florida Statutes ; (2) Appellant violated section 626.621(13), Florida Statutes ; and (3) under . . . In 2017, the legislature amended section 626.621, Florida Statutes. § 626.621, Fla. . . . The pre-2017 language of section 626.621(13) still exists, but now as section 626.621(12). . . .

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

. . . his application was denied due to his disqualification for reinstatement under sections 626.207 and 626.621 . . .

BECKETT, v. DEPARTMENT OF FINANCIAL SERVICES,, 982 So. 2d 94 (Fla. Dist. Ct. App. 2008)

. . . actions constituted grounds for suspension or revocation of her license under sections 626.611 and 626.621 . . . in sliding, the Department has discretion over whether to take action against the agent’s license. § 626.621 . . .

LINER, v. WORKERS TEMPORARY STAFFING, INC., 962 So. 2d 344 (Fla. Dist. Ct. App. 2007)

. . . Dep’t of Ins. and Treasurer, 680 So.2d 528, 532 (Fla. 1st DCA 1996) (holding section 626.621(6), Florida . . .

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) . . . Mack violated section 626.621(12), Florida Statutes (2001), by knowingly aiding, assisting, advising, . . .

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

. . . (a) The Department is authorized to find that multiple grounds exist under sections 626.611 and 626.621 . . .

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 . . . competent evidence supports the determination that appellant violated sections 626.611(5) and (9) and 626.621 . . . , and affirm the final order insofar as it finds appellant violated sections 626.611(5) and (9) and 626.621 . . .

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)

. . . , and 2) in finding that his conduct was detrimental to the public interest in violation of section 626.621 . . . (lack of informed consent for sale of ancillary product), eight violations each of sections 626.621(6 . . . The violations of section 626.621(6) must also fall because that statute is unconstitutionally vague. . . . The hearing officer and the Commissioner found that appellant violated section 626.621(6) by “showing . . . We hold, therefore, that the language following the last “or” in section 626.621(6), Florida Statutes . . .

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

. . . and a failure to return funds belonging to an insurer, in violation of sections 626.561, 626.611 and 626.621 . . . Russell’s refusal to return the funds constituted a violation of sections 626.561(1), 626.611(10) and 626.621 . . . Section 626.621(4) states grounds for discretionary suspension of an agent’s license if he refuses, on . . . (1) and 626.611(10), the Department must establish that the agent acted willfully, but that section 626.621 . . . We will analyze this case under the less stringent test of section 626.621(4). . . .

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

. . . Sections 626.611 and 626.621 are disciplinary statutes and permit revocation of a license under particular . . . he had running the operation in his absence, make him clearly a candidate for action under section 626.621 . . . Both constitute violations of the Insurance Code and are also violations of Section 626.621(2) and (6 . . . [Section 626.621(2), Florida Statutes] (h) In the conduct of business under the license or permit, engaging . . . [Section 626.621(6), Florida Statutes] (i) No person shall engage in this state in any trade practice . . . he had running the operation in his absence, make him clearly a candidate for action under section 626.621 . . .

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

. . . .-611(13) and 626.621(3); violation of the provision of the insurance code or other law, (626.621(2); . . . violation of the rule against “twisting”, 626.621(5); engaging in unfair or deceptive methodology of . . . competition or being a source of loss or injury to the public, (626.621(6) and 626.-9521: knowingly . . . Others fall under the purview of Section 626.621, for which the imposition of suspension or revocation . . . As Dyer was found guilty of violating sections 626.-611, 626.621, and 626.9541(1), Florida Statutes» . . .

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)

. . . . § 626.621(6), Fla.Stat. (1985). . . .

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

. . . or dishonest practices, Section 626.611(9); and (4) unfair or deceptive acts or practices, Section 626.621 . . . The Administrative Complaint also charges a violation of Section 626.621(6), Florida Statutes (1987), . . . the other hand, the evidence did prove “unfair or deceptive acts or practices” proscribed by Section 626.621 . . . final order finding the Respondent, Jacob Jack Jaar, guilty of violation Sections 626.9541(1)(o)1. and 626.621 . . .

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

. . . (Section 626.621(8), Florida Statutes) A formal hearing was held before a hearing officer pursuant to . . . failed to establish grounds for revocation or other penalty under either Section 626.611(14) or Section 626.621 . . . turpitude (Section 626.611(14)); and (3) having pled guilty, in this or any state, to a felony (Section 626.621 . . . , the Court did not reach the issues raised by the other two grounds under Sections 626.611(14) and 626.621 . . . Section 626.621(8), quoted as follows, is one of several grounds for discretionary refusal, suspension . . .

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. . . .

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

. . . 626.611(14), Florida Statutes, and (3) having pled guilty, in this or any state, to a felony, Section 626.621 . . . 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)

. . . of fitness or trustworthiness), section 626.611(9) (fraudulent or dishonest practices), and section 626.621 . . .

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 Sections 626.621 . . . Section 626.621(2) authorizes the discretionary suspension or revocation of the license of any agent . . . The Department contended below that discipline was appropriate under Section 626.621(2) because Hartnett . . . course of dealing with the license” and “in conduct of business under the license” language of Section 626.621 . . .

BECK, v. INSURANCE COMMISSIONER TREASURER,, 405 So. 2d 466 (Fla. Dist. Ct. App. 1981)

. . . See Section 626.621(8), Florida Statutes. . . .

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

. . . would subject the agent to suspension or revocation of his license under section 626.611 or section 626.621 . . .

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

. . . The charges against Bowling are based on Section 626.611, which in contrast to Section 626.621 (authorizing . . . employed in Section 626.611(10) would evoke a compulsory and more drastic penalty than companion Section 626.621 . . . Section 626.621(4). . . . Allen, 362 So.2d 10 (Fla.1978). .Section 626.621(4) specifies as a ground “for discretionary refusal, . . . Sec. 5, Fla.Laws (1941), Section 634.21, Florida Statutes (1953), corresponding to present section 626.621 . . .

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)

. . . 626.611 [10]) ; (g) He violated a provision of the insurance code in the dealing under his license (F.S. 626.621 . . . $10.-50, Drew violated Florida Statutes 627.-403, 626.611(4), 626.611 (7), 626.611(9), 626.611(10), 626.621 . . . See Florida Statutes 626.611(4), (7), (9) ; 626.621(2); and 626.970(2). . . . . .