The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 624
INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

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F.S. 624.401

624.401 Certificate of authority required.—

(1) No person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the office, except as to such transactions as are expressly otherwise provided for in this code.

(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the office authorizing it to transact the same kind or kinds of insurance in this state.

(3) This state hereby preempts the field of regulating insurers and their agents and representatives; and no county, city, municipality, district, school district, or political subdivision shall require of any insurer, agent, or representative regulated under this code any authorization, permit, or registration of any kind for conducting transactions lawful under the authority granted by the state under this code.

(4)(a) Any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in this state without a certificate of authority in violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) However, any person acting as an insurer without a valid certificate of authority who violates this section commits insurance fraud, punishable as provided in this paragraph. If the amount of any insurance premium collected with respect to any violation of this section:

1. Is less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 1 year.

2. Is $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 18 months.

3. Is $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and the offender shall be sentenced to a minimum term of imprisonment of 2 years.

History.—s. 45, ch. 59-205; s. 1, ch. 61-75; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 64, 809(1st), ch. 82-243; ss. 13, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 4, ch. 2003-148; s. 781, ch. 2003-261.

F.S. 624.401 on Google Scholar

F.S. 624.401 on Casetext

Amendments to 624.401

Arrestable Offenses / Crimes under Fla. Stat. 624.401

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

S624.401 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 8832 - F: T

S624.401 1 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9581 - F: T

S624.401 2 - FRAUD-IMPERSON - REMOVED - F: T

S624.401 4a - FRAUD-IMPERSON - TRANSACTING INSURANCE WO CERT OF AUTHORITY - F: T

S624.401 4b - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9582 - F: T

S624.401 4b - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9583 - F: S

S624.401 4b - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9584 - F: F

S624.401 4b1 - FRAUD-IMPERSON - TRANS INSUR WO CERT OF AUTHORITY PREM LT $20K - F: T

S624.401 4b2 - FRAUD-IMPERSON - TRANS INSUR WO CERT AUTHORITY PREM $20K-$100K - F: S

S624.401 4b3 - FRAUD-IMPERSON - TRANS INSUR WO CERT OF AUTHORITY PREM $100K+ - F: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

S. LEMY, v. DIRECT GENERAL FINANCE COMPANY,, 885 F. Supp. 2d 1265 (M.D. Fla. 2012)

. . . Under Section 624.401(4), Florida Statutes, “any person who acts as an insurer, transacts insurance, . . . Sections 624.310(5), 624.401, 626.902, 626.909(2), and 626.910 enable the punishment of an unlawful insurer . . .

INTERSTATE FIRE CASUALTY COMPANY, v. ABERNATHY, LLC,, 93 So. 3d 352 (Fla. Dist. Ct. App. 2012)

. . . See §§ 624.11 & 624.401, Fla. Stat. (2011). . . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. B. GARFINKEL,, 25 So. 3d 62 (Fla. Dist. Ct. App. 2009)

. . . See § 624.401, Fla. Stat. (2007). . HB 7077E2 (April 26, 2007). .SB 2498E1, § 5 (May 1, 2007). . . . .

PRESCOTT ARCHITECTS, INC. v. LEXINGTON INSURANCE COMPANY,, 638 F. Supp. 2d 1317 (N.D. Fla. 2009)

. . . Section 624.401 of the Florida Insurance Code requires an insurer to be authorized by the Department . . .

K. BORTELL, Jr. v. WHITE MOUNTAINS INSURANCE GROUP, LTD. MHG J. J. W. Jr. M., 2 So. 3d 1041 (Fla. Dist. Ct. App. 2009)

. . . pursuant to section 624.155(2), Florida Statutes, which permits a party damaged by a violation of section 624.401 . . . Bortell alleged that by selling insurance in violation of section 624.401, Florida Statutes, the defendants . . . bring a civil action against an unauthorized insurer if such party is damaged by a violation of s. 624.401 . . . bring a civil action against an unauthorized insurer if such party is damaged by a violation of s. 624.401 . . .

LAND O SUN MANAGEMENT CORPORATION, v. COMMERCE AND INDUSTRY INSURANCE COMPANY,, 961 So. 2d 1078 (Fla. Dist. Ct. App. 2007)

. . . See §§ 624.401(1), 627.410(1), Fla. Stat. (2006). . . .

L. B. BRYAN COMPANY, v. SCHOOL BOARD OF BROWARD COUNTY,, 746 So. 2d 1194 (Fla. Dist. Ct. App. 1999)

. . . Generally speaking, section 624.401, Florida Statute (1995), requires that an insurer be “authorized” . . .

BEACON FINANCE, INC. d b a v. DEPARTMENT OF INSURANCE, STATE OF FLORIDA,, 656 So. 2d 197 (Fla. Dist. Ct. App. 1995)

. . . However, only insurers are issued certificates of authority under sections 624.401, 624.402, and 624.413 . . .

R. HOBBS, Co. v. DON MEALEY CHEVROLET, INC., 642 So. 2d 1149 (Fla. Dist. Ct. App. 1994)

. . . See § 624.401, Fla.Stat. (1991). . . .

STATE OF FLORIDA, DEPARTMENT OF INSURANCE, v. NATIONAL AMUSEMENT PURCHASING GROUP, INC., 905 F.2d 361 (11th Cir. 1990)

. . . . § 624.401(1). . . . It is DECLARED that sections 627.-949, 624.401(1), 627.918, and 626.901(1) of the Florida Statutes are . . .

SHAPIRO, v. ASSOCIATED INTERNATIONAL INSURANCE COMPANY, a CALIFORNIA CLUB, INC. a v. ASSOCIATED INTERNATIONAL INSURANCE COMPANY, a, 899 F.2d 1116 (11th Cir. 1990)

. . . . § 624.401(1) (West 1984). . . .

LAWYER S TITLE INSURANCE CORPORATION, v. CITY OF WEST PALM BEACH, a, 402 So. 2d 544 (Fla. Dist. Ct. App. 1981)

. . . appeal that this tax is an unlawful exercise of the taxing power and is specifically barred by Section 624.401 . . . Section 624.401(3) deals with the state’s preemption of the regulation of insurers and their agents and . . . that a regulatory fee on insurers would not be permitted pursuant to this section in light of Section 624.401 . . .