Florida Statute 627.381 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.381 Penalty for violation.—

(1) The office may, if it finds that any person or organization has violated any provision of this part, impose an administrative fine pursuant to s. 624.4211.

(2) The office may suspend the license or authority of any rating organization or insurer which fails to comply with an order of the office within the time limited by such order, or any extension thereof which the office may grant. The office shall not suspend the license or authority of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or, if an appeal has been taken, until such order has been affirmed. The office may determine when a suspension of license or authority shall become effective and it shall remain in effect for the period fixed by it, unless it modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded, or reversed.

History.—s. 448, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 356, 357, 809(2nd), ch. 82-243; ss. 49, 79, ch. 82-386; s. 114, ch. 92-318; s. 1110, ch. 2003-261.

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Amendments to 627.381

Annotations, Discussions, Cases:

Cases Citing Statute 627.381

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Christopher B. Keehn, Stephanie K. Haley, Gordon Charles Keehn, Robert Franklin Keehn v. Carolina Cas. Ins. Co., 758 F.2d 1522 (11th Cir. 1985).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 29414

...§ 626.9631 and the other provisions of the statute providing an administrative remedy only for violations thereof. The UITPA, per Fla.Stat. § 626.9561, provides: [a]ny person who violates any provision of this part shall be subject to the penalties provided in s. 627.381. (Emphasis added). The UITPA’s remedy section is Fla.Stat. § 627.381 which provides in pertinent part: (1) The [Insurance] department may, if it finds that any person or organization has violated any provision of this part, impose an administrative fine pursuant to s.624.4211....

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Dyer v. Dept. of Ins. & Treasurer, 585 So. 2d 1009 (Fla. 1st DCA 1991).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 163060

...following reasons. Section 626.9521 makes it unlawful for any person to engage in an unfair trade practice as defined by the act, [5] and states that "[a]ny person who violates any provision of this part shall be subject to the penalties provided in s. 627.381." Section *1016 627.381 is included in the chapter governing "Insurance Rates and Contracts," and is found in Part I of that chapter dealing with "Rates and Rating Organizations." Section 627.381(1) states that "[t]he department may, if it finds that any person or organization has violated any provision of this part, impose an administrative fine pursuant to s. 624.4211. " (Emphasis added.) Section 627.381(2) authorizes the suspension of "the license or authority of any rating organization or insurer which fails to comply with an order of the department......

...partment, but only to express our concern and sympathize with him and the Department for having to attempt enforcement of such poorly drafted and confusing legislation. Nevertheless, even after traversing from section 626.9541 to section 626.9521 to section 627.381, thence back to section 624.4211 we have found that section 624.4211 only authorizes the imposition of a fine in lieu of suspension or revocation, the same as section 626.681....

...ge requires that we hold that the penalty in section 624.4211 is inapplicable to individual insurance agents like Dyer. This conclusion is further reinforced by the fact that there is no ostensible need for a reference to section 626.9521, thence to section 627.381, thence to section 624.4211, to find statutory authority for penalizing an offending insurance agent's violation of the unfair trade practices prohibited in Part X....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 627 in the context of insurance coverage law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.