eLaws of Florida

  SECTION 626.6215. Grounds for discretionary refusal, suspension, or revocation of insurance agency license.  


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  • 1The department may, in its discretion, deny, suspend, revoke, or refuse to continue the license of any insurance agency if it finds, as to any insurance agency or as to any majority owner, partner, manager, director, officer, or other person who manages or controls such insurance agency, that any one or more of the following applicable grounds exist:
    59(1) 60Any cause for which issuance of the license could have been refused had it then existed and been known to the department.
    82(2) 83If the license is used, or to be used, to circumvent any of the requirements or prohibitions of this code.
    103(3) 104Having been found guilty of, or having pleaded guilty or nolo contendere to, a felony in this state or any other state relating to the business of insurance or an insurance agency, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases.
    155(4) 156Knowingly employing any individual in a managerial capacity or in a capacity dealing with the public who is under an order of revocation or suspension issued by the department.
    185(5) 186Committing any of the following acts with such frequency as to have made the operation of the agency hazardous to the insurance-buying public or other persons:
    212(a) 213Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license.
    240(b) 241Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide commissions with another.
    257(c) 258Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.
    290(d) 291Violation 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.
    317(e) 318Violation of any lawful order or rule of the department.
    328(f) 329Failure 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.
    359(g) 360Violation of the provision against twisting as defined in s. 370626.9541(1)(l)371.
    372(h) 373In the conduct of business under the license, engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter.
    403(i) 404Willful overinsurance of any property insurance risk.
    411(j) 412Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency.
    432(k) 433Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.
    457(6) 458Failure to take corrective action or report a violation to the department within 30 days after an individual licensee’s violation is known or should have been known by one or more of the partners, officers, or managers acting on behalf of the agency. However, the existence of grounds for administrative action against a licensed agency does not constitute grounds for action against any other licensed agency, including an agency that owns, is under common ownership with, or is owned by, in whole or in part, the agency for which grounds for administrative action exist.
    552(7) 553A 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, or any court or any lawful agency thereof.
History.-ss. 207, 807, ch. 82-243; s. 88, ch. 83-216; s. 18, ch. 87-226; ss. 57, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 238, ch. 97-102; s. 47, ch. 2001-63; s. 23, ch. 2005-257; s. 23, ch. 2019-140.

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