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Florida Statute 626.561 | Lawyer Caselaw & Research
F.S. 626.561 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 626.561

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS
View Entire Chapter
F.S. 626.561
626.561 Reporting and accounting for funds.
(1) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, insurance agency, customer representative, or adjuster in transactions under the license are trust funds received by the licensee in a fiduciary capacity. An agent or insurance agency shall keep the funds belonging to each insurer for which an agent is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department or office to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto.
(2) The licensee shall keep and make available to the department or office books, accounts, and records as will enable the department or office to determine whether such licensee is complying with the provisions of this code. Every licensee shall preserve books, accounts, and records pertaining to a premium payment for at least 3 years after payment; provided, however, the preservation of records by computer or photographic reproductions or records in photographic form shall constitute compliance with this requirement. All other records shall be maintained in accordance with s. 626.748. The 3-year requirement shall not apply to insurance binders when no policy is ultimately issued and no premium is collected.
(3) Any agent, insurance agency, customer representative, or adjuster who, not being lawfully entitled thereto, either temporarily or permanently diverts or misappropriates such funds or any portion thereof or deprives the other person of a benefit therefrom commits the offense specified below:
(a) If the funds diverted or misappropriated are $300 or less, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If the funds diverted or misappropriated are more than $300, but less than $20,000, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the funds diverted or misappropriated are $20,000 or more, but less than $100,000, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) If the funds diverted or misappropriated are $100,000 or more, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 235, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 202, 217, 807, 810, ch. 82-243; ss. 50, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 3, ch. 95-340; s. 232, ch. 97-102; s. 25, ch. 98-199; s. 57, ch. 2002-206; s. 943, ch. 2003-261; s. 18, ch. 2005-257.

F.S. 626.561 on Google Scholar

F.S. 626.561 on Casetext

Amendments to 626.561


Arrestable Offenses / Crimes under Fla. Stat. 626.561
Level: Degree
Misdemeanor/Felony: First/Second/Third

S626.561 3a - EMBEZZLE - MISAPPLY INSURANCE PREMIUM 300 DOLLARS OR LESS - M: F
S626.561 3b - EMBEZZLE - MISAPPLY INSUR PREMIUM OVER 300 UND 20K DOLS - F: T
S626.561 3c - EMBEZZLE - MISAP INSUR PREMIUM 20K UNDER 100K DOLS - F: S
S626.561 3d - EMBEZZLE - MISAPPLY INSUR PREMIUM 100K DOLS OR MORE - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

RUSSELL, v. STATE DEPARTMENT OF INSURANCE,, 668 So. 2d 276 (Fla. Dist. Ct. App. 1996)

. . . constituted conversion and a failure to return funds belonging to an insurer, in violation of sections 626.561 . . . It contends, however, that Russell’s refusal to return the funds constituted a violation of sections 626.561 . . . Section 626.561(1) provides criminal penalties for an agent’s refusal to return funds belonging to an . . . We note that under sections 626.561(1) and 626.611(10), the Department must establish that the agent . . . business shall account for and pay the same to the insurer, insured, or other person entitled thereto.” § 626.561 . . .

In A. BILZERIAN, HSSM LIMITED PARTNERSHIP, v. A. BILZERIAN,, 162 B.R. 583 (Bankr. M.D. Fla. 1993)

. . . . § 626.561 (1993). . . .

In M. BARRETT, CLARENDON NATIONAL INSURANCE COMPANY, v. M. BARRETT,, 156 B.R. 529 (Bankr. N.D. Tex. 1993)

. . . premiums collected by Florida General were trust funds received in a fiduciary capacity pursuant to § 626.561 . . . funds for any purpose other than to pay the “insurer, insured, or other person entitled thereto.” § 626.561 . . . The requirements for establishing “defalcation” do not differ under either the Bankruptcy Code or § 626.561 . . . For purposes of § 523(a)(4), this Court is not bound by the definition of the Florida statute § 626.561 . . . Section 626.561, Fla.Stat. (1987), entitled Reporting and accounting for funds, provides as follows: . . .

CENTRAL INSURANCE UNDERWRITERS, INC. v. NATIONAL INSURANCE FINANCE COMPANY,, 599 So. 2d 1371 (Fla. Dist. Ct. App. 1992)

. . . National argued that Central was liable for conversion under section 626.561, Florida Statutes (1989) . . .

F. KEEGAN, v. ENNIA GENERAL INSURANCE COMPANY,, 591 So. 2d 300 (Fla. Dist. Ct. App. 1991)

. . . determined that appellee had a private right of action against appellant for the violation of section 626.561 . . .

DEPARTMENT OF INSURANCE v. JAAR, 35 Fla. Supp. 2d 198 (Fla. Div. Admin. Hearings 1988)

. . . The Administrative Complaint also charged with Respondent with a violation of Section 626.561(1), Florida . . . Alleged violations of Sections 626.611(10) and 626.561(1), Florida Statutes (1987), contained in the . . .

In A. FELDMAN, FEDERAL INSURANCE COMPANY v. A. FELDMAN,, 85 B.R. 163 (Bankr. S.D. Fla. 1988)

. . . Florida Statute 626.561 (1987) states in pertinent part: (1) all premiums, return premiums or other funds . . .

COPELAND INSURANCE AGENCY, INC. M. L. v. HOME INSURANCE COMPANY,, 502 So. 2d 93 (Fla. Dist. Ct. App. 1987)

. . . Section 626.561(1), Florida Statutes (1985) provides: All premiums, return premiums, or other funds belonging . . . do not agree that an intent to misappropriate is a necessary element to prove a violation of section 626.561 . . . does not discuss willfulness or intent as being a necessary element to prove a violation of section 626.561 . . .

NATIONAL BEN FRANKLIN LIFE INSURANCE CORPORATION, v. COHEN,, 464 So. 2d 1256 (Fla. Dist. Ct. App. 1985)

. . . The insurance company also cites Sections 626.561, 626.611, 626.753, 626.794, 626.9541, 627.403, 627.453 . . .

In C. GOOD, INTERCONTINENTAL LIFE INS. CO. v. C. GOOD,, 33 B.R. 163 (Bankr. M.D. Fla. 1983)

. . . . § 626.561 Florida Statutes states in pertinent part: “(1) all premiums, return premiums or other funds . . . insurer, insured or other person entitled thereto, (emphasis supplied) Thus, by the express terms of § 626.561 . . .

HARTNETT, INC. J. B. v. DEPARTMENT OF INSURANCE OF STATE, 432 So. 2d 155 (Fla. Dist. Ct. App. 1983)

. . . defendants could be liable for wrongful acts of misconduct which violated the provisions of Section 626.561 . . . supervision or control wrongfully failed to remit premiums due Southern American in violation of Section 626.561 . . .

H. BOWLING, v. DEPARTMENT OF INSURANCE,, 394 So. 2d 165 (Fla. Dist. Ct. App. 1981)

. . . All these charges gain at least some specificity from Section 626.561, which imposes responsibility on . . . element of a Section 626.611(10) violation because the violation draws essential elements from Section 626.561 . . . Department relied on evidence to show that under “the applicable regular course of business,” Section 626.561 . . .

BREWER, v. INSURANCE COMMISSIONER AND TREASURER,, 392 So. 2d 593 (Fla. Dist. Ct. App. 1981)

. . . most of the charges sustained against Brewer, the Insurance Commissioner found a violation of Section 626.561 . . .

DREW, v. INSURANCE COMMISSIONER AND TREASURER,, 330 So. 2d 794 (Fla. Dist. Ct. App. 1976)

. . . 626.621 [2]); and (h) He failed to properly account for funds belonging to insurers or others (F.S. 626.561 . . . violated Florida Statutes 627.-403, 626.611(4), 626.611 (7), 626.611(9), 626.611(10), 626.621(2) and 626.561 . . .