Florida Statute 627.836 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.836 Licensee’s books and records; reports.—

(1) The licensee shall keep and use in her or his business such books, accounts, and records as will enable the office to determine whether the licensee is complying with the provisions of this part and with the rules pertaining thereto. Every licensee shall preserve such books, accounts, and records, including cards used in a card system, if any, for at least 3 years after making the final entry in respect to any premium finance agreement recorded therein; however, the preservation of photographic reproductions thereof or records in photographic form shall constitute compliance with this requirement.

(2) Each licensee shall annually, on or before March 1, file a report with the office giving such information as the office may require. The report shall be made under oath and in the form prescribed by the commission and shall be accompanied by the annual report filing fee specified in s. 627.849. The office may make and publish annually an analysis and recapitulation of such reports. In addition, the office may require such additional regular or special reports as it deems necessary. The commission may by rule require all or part of the statements or filings required under this section to be submitted by electronic means in a computer-readable form compatible with the electronic data format specified by the commission.

History.—s. 1, ch. 63-16; ss. 13, 35, ch. 69-106; s. 4, ch. 72-249; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 600, 612, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 366, ch. 97-102; s. 1220, ch. 2003-261; s. 3, ch. 2006-64.

Note.—Former s. 627.1000.

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Amendments to 627.836

Annotations, Discussions, Cases:

Cases Citing Statute 627.836

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Beacon Fin., Inc. v. Dep't of Ins., State of Florida, 656 So. 2d 197 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5343, 1995 WL 298948

...pany in violation of sections 627.837 and 627.832(l)(e), (l)(g), and (l)(h), Florida Statutes. Count II asserted that Beacon had failed to comply with the Department’s request that it produce certain records of Seminole, thereby violating sections 627.836(1) and (2), and 624.418(2)(b), Florida Statutes....

...for further proceedings pertain *200 ing to the remaining allegations of the show cause order properly charging violations under section 627.887. Finally, the hearing officer and the Department erred in finding that Beacon violated the provisions of section 627.836(1) and 624.318(2) by failing to produce records of Seminole Marketing Corporation....

...1/91 and 12/31/92. The Department asserted as its authority for the production of such records section 624.318(2). However, such section requires only that a person make available to the Department such documents as are in its possession or control. Section 627.836(1) is equally lacking in support for the Department’s request as it simply requires that a premium finance company keep such books, accounts, and records as will enable the Department to determine whether the licensee is complying with the provisions of part XV of chapter 627....

...of a clear and convincing nature that the requested records of the “management company” were in the possession or control of Beacon. Thus, it was error for the Department to find that Beacon had violated the provisions of sections 624.318(2) and 627.836(1)....

..., rule 28-5.103 applies. See Eager v. Florida Keys Aqueduct Authority, 605 So.2d 883 (Fla. 3d DCA 1992). . To the extent that we are reversing and remanding for further proceedings as noted above, we need not reach Beacon's fifth point charging that section 627.836(1) is unconstitutional as applied.

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.