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Florida Statute 626.838 - Full Text and Legal Analysis
Florida Statute 626.838 | Lawyer Caselaw & Research
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F.S. 626.838 Case Law from Google Scholar Google Search for Amendments to 626.838

The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS
View Entire Chapter
626.838 Unlawful payment or sharing of commissions.
(1) No health insurer or licensed health agent shall pay directly or indirectly any commission or other valuable consideration to any person for services as a health insurance agent within this state, unless such person holds a currently valid license and appointment to act as a health insurance agent as required by the laws of this state; except that a health insurer may pay such commission or other valuable consideration to, and a licensed and appointed health insurance agent may share any commission or other valuable consideration with, an incorporated insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate health insurance contracts are qualified health insurance agents holding currently valid licenses and appointments.
(2) No person other than a licensed and appointed health agent shall accept any such commission or other valuable consideration, except as provided in subsection (1).
(3) This section shall not prevent the payment or receipt of renewal or other deferred commissions or pensions to or by any person solely because such person has ceased to hold a license or appointment to act as a health insurance agent and shall not prevent the payment of renewal or other deferred commissions to any incorporated insurance agency solely because any of its stockholders has ceased to hold a license or appointment to act as a health insurance agent.
History.s. 313, ch. 59-205; s. 2, ch. 63-381; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 269(1st), 271, 807, 810, ch. 82-243; ss. 116, 206, 207, ch. 90-363; s. 4, ch. 91-429.

F.S. 626.838 on Google Scholar

F.S. 626.838 on CourtListener

Amendments to 626.838


Annotations, Discussions, Cases:

Cases Citing Statute 626.838

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Dade Cty. Consum. Advocate's v. Dept. of Ins., 457 So. 2d 495 (Fla. 1st DCA 1984).

Cited 3 times | Published | Florida 1st District Court of Appeal

...Appellees' argument fails to recognize that certain kinds of sharing of or dividing commissions are declared unlawful elsewhere in chapter 626, specifically: section 626.753 (general lines agents and solicitors); section 626.794 (life insurance agents); and section 626.838 (health insurance agents)....
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Madio Grp., Inc. v Shores, 105 F.3d 597 (11th Cir. 1997).

Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 2141, 1997 WL 26591

...Madio describes in its brief to us that commissions would "flow" to Shores and Shores would then distribute to Madio the "commission fees" agreed to be paid by Shores. This is a commission-splitting arrangement that is forbidden by Florida law. Fla. Stat. Ann. § 626.838 provides in pertinent part: (1) No health insurer or licensed health agent shall pay directly or indirectly any commission or other valuable consideration to any person for services as a health insurance a...
...officers" who negotiate health insurance contracts are themselves "qualified health insurance agents holding currently valid licenses and appointments." But Ralph Madio, the principal in and negotiator for Madio Group, was not such a person. Under § 626.838 Shores could not share with Madio, and Madio could not accept from Shores, the commission or other valuable consideration that it claims. The summary judgment for LINA is AFFIRMED.

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.