The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.021

631.021 Jurisdiction of delinquency proceeding; venue; change of venue; exclusiveness of remedy; appeal; construction.—

(1) The circuit court shall have original jurisdiction of any delinquency proceeding under this chapter, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of this chapter. Any delinquency proceeding in this chapter is in equity.

(2) The venue of a delinquency proceeding or summary proceeding against a domestic, foreign, or alien insurer shall be in the Circuit Court of Leon County.

(3) A delinquency proceeding pursuant to this chapter constitutes the sole and exclusive method of liquidating, rehabilitating, reorganizing, or conserving an insurer. A court may not entertain a petition for the commencement of such a proceeding unless the petition has been filed in the name of the state on the relation of the department. The Florida Insurance Guaranty Association, Incorporated, the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated, the Florida Health Maintenance Organization Consumer Assistance Plan, and the Florida Life and Health Guaranty Association, Incorporated, shall be given reasonable written notice by the department of all hearings that pertain to an adjudication of insolvency of a member insurer.

(4) An appeal shall lie to the District Court of Appeal, First District, from an order granting or refusing rehabilitation, liquidation, or conservation and from every order in a delinquency proceeding having the character of a final order as to the particular portion of the proceeding embraced therein.

(5) No service of process against the department in its capacity as receiver shall be effective unless served upon a person designated by the receiver and filed with the circuit court having jurisdiction over the delinquency proceeding. The designated person shall refuse to accept service if acceptance would violate a stay against legal proceedings involving an insurer that is the subject of delinquency proceedings or would violate any orders of the circuit court governing a delinquency proceeding. The person denied service may petition the circuit court having jurisdiction over the delinquency proceeding for relief from the receiver’s refusal to accept service. This subsection shall be strictly construed, and any purported service on the receiver or the department that is not in accordance with this subsection shall be null and void.

(6) The domiciliary court acquiring jurisdiction over persons subject to this chapter may exercise exclusive jurisdiction to the exclusion of all other courts, except as limited by the provisions of this chapter. Upon the issuance of an order of conservation, rehabilitation, or liquidation, the Circuit Court of Leon County has exclusive jurisdiction over all assets or property of the insurer, wherever located, including property located outside the territorial limits of the state.

(7) This chapter constitutes this state’s insurer receivership laws, and these laws must be construed as consistent with each other. If there is a conflict between this chapter and any other law, this chapter prevails.

History.—s. 718, ch. 59-205; s. 29, ch. 63-559; ss. 13, 35, ch. 69-106; s. 8, ch. 77-227; s. 809(1st), ch. 82-243; s. 3, ch. 83-38; s. 1, ch. 85-339; s. 6, ch. 89-360; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 11, ch. 97-262; s. 1341, ch. 2003-261; s. 28, ch. 2004-374; s. 2, ch. 2017-143.

F.S. 631.021 on Google Scholar

F.S. 631.021 on Casetext

Amendments to 631.021

Arrestable Offenses / Crimes under Fla. Stat. 631.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEVONSHIRE AT PGA NATIONAL, LLC, v. STATE DEPARTMENT OF FINANCIAL SERVICES OF THE STATE OF FLORIDA,, 103 So. 3d 1060 (Fla. Dist. Ct. App. 2013)

. . . .” § 631.021(3), Fla. Stat. (2011). . . .

BENDER v. STATE DEPARTMENT OF FINANCIAL SERVICES, v., 17 So. 3d 770 (Fla. Dist. Ct. App. 2009)

. . . . § 631.021(1), Fla. Stat. (2000). . . .

OCEAN BANK, v. STATE DEPARTMENT OF FINANCIAL SERVICES, Co., 902 So. 2d 833 (Fla. Dist. Ct. App. 2005)

. . . .” '§ 631.021(6), Fla. Stat. (2004). . . . of another court by instituting a foreclosure action in Miami, DFS “refuse[d] to accept service.” § 631.021 . . .

CHASE BANK OF TEXAS NATIONAL ASSOCIATION f k a f k a v. STATE DEPARTMENT OF INSURANCE,, 860 So. 2d 472 (Fla. Dist. Ct. App. 2003)

. . . Section 631.021(1), Florida Statutes provides that “[t]he circuit court shall have original jurisdiction . . . Chase contends that section 631.021, Florida Statutes, does not confer jurisdiction on the circuit court . . . explained, the circuit court has jurisdiction over the entire liquidation proceeding under section 631.021 . . .

In BLACKBURN. STATE OF FLORIDA DEPARTMENT OF INSURANCE, AS RECEIVER OF GUARANTEE SECURITY LIFE INSURANCE COMPANY, v. BLACKBURN, STATE OF FLORIDA DEPARTMENT OF INSURANCE, AS RECEIVER OF ATLANTIC GENERAL LIFE INSURANCE COMPANY, v. BLACKBURN,, 209 B.R. 4 (Bankr. M.D. Fla. 1997)

. . . .” § 631.021(3), Fla.Star. . . .

AMERICAN BONDING COMPANY, v. COASTAL METAL SALES, INC., 679 So. 2d 1250 (Fla. Dist. Ct. App. 1996)

. . . See § 631.021(4), Fla. Stat. (1995); Ariz. Rev.Stat. Ann. § 20-612 (1990). . . .

STATE OF TENNESSEE, SIZEMORE, a k a v. SURETY BANK, N. A. N. A., 939 F. Supp. 511 (N.D. Tex. 1996)

. . . . § 631.021(3) (West 1996) (A delinquency proceeding shall constitute “the sole and exclusive method . . .

PROVIDENT CAPITAL INDEMNITY, LTD. v. STATE DEPARTMENT OF INSURANCE OF STATE OF FLORIDA,, 677 So. 2d 363 (Fla. Dist. Ct. App. 1996)

. . . .” § 631.021, Fla. Stat. (1993). . . .

FLORIDA DEPARTMENT OF INSURANCE, v. CYPRESS INSURANCE COMPANY,, 660 So. 2d 1177 (Fla. Dist. Ct. App. 1995)

. . . See § 631.021, Fla.Stat. (1991). . . . We agree that subsection 631.021(3) provides that a delinquency proceeding pursuant to chapter 631 is . . . However, contrary to the Department’s contention, no provision of section 631.021 prohibits an insurer . . .

In COURT DIVISIONS, 648 So. 2d 761 (Fla. Dist. Ct. App. 1994)

. . . testimony pursuant to subpoena relating to insurance examiner’s investigation authority) (v) Section 631.021 . . .

In RECEIVERSHIPS OF SOUTHEASTERN REINSURANCE COMPANY, INC. Co. FLORIDA DEPARTMENT OF INSURANCE, v. CENTEX- GREAT SOUTHWEST CORPORATION,, 639 So. 2d 646 (Fla. Dist. Ct. App. 1994)

. . . See section 631.021, Florida Statutes. Moreover, Nova is not controlling. . . .

In INTERNATIONAL FORUM OF FLORIDA HEALTH BENEFIT TRUST, a ACTRON CONTRACTORS EQUIPMENT, v. SOUTH BROWARD HOSPITAL DISTRICT, a d b a Dr. St. s, 607 So. 2d 432 (Fla. Dist. Ct. App. 1992)

. . . Section 631.021(1), Florida Statutes (1989), provides, in part: "Any delinquency proceeding in this chapter . . .

SABATO, v. FLORIDA DEPARTMENT OF INSURANCE, 768 F. Supp. 1562 (S.D. Fla. 1991)

. . . . § 631.021 (1989). . . .

MALL BANK, v. STATE DEPARTMENT OF INSURANCE, 462 So. 2d 519 (Fla. Dist. Ct. App. 1985)

. . . The Bank stoutly argues that Sections 47.051 and 631.021(2) and (3), Florida Statutes, mandate maintenance . . . representative, where the cause of action accrued, or where the property in litigation is located. 631.021 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. STATE DEPARTMENT OF INSURANCE, 400 So. 2d 813 (Fla. Dist. Ct. App. 1981)

. . . Section 631.021(4). . . .

MAIN INSURANCE COMPANY, v. BRADFORD, WILLIAMS, McKAY, KIMBRELL, HAMANN JENNINGS, P. A., 369 So. 2d 380 (Fla. Dist. Ct. App. 1979)

. . . See: Section 631.021(4), Florida Statutes (1977). . . .

BARTHOLOMEW, v. GLENS FALLS INSURANCE GROUP, a, 241 So. 2d 698 (Fla. Dist. Ct. App. 1970)

. . . * * ” Additionally, Glens Falls would show that, pursuant to F.S.1967, sections 631.051(1), (6) and 631.021 . . . transaction of business by it will be hazardous to its policyholder, creditors, or stockholders ; ” Section 631.021 . . . “Section 631.021 Jurisdiction of delinquency proceedings; venue; change of venue; exclusiveness of remedy . . . To dispose of appellee’s reliance on 631.021(4), this statute can be narrowly construed. . . .