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TITLE XXXVII

INSURANCE

Last update: 2013-11-01


  • Insurance Code: Administration And General Provisions
    • Scope Of Code (ss. 624.01-624.26)
    • Department Of Financial Services (ss. 624.302-624.352)
    • Authorization Of Insurers And General Requirements (ss. 624.401-624.489)
    • Fees, Taxes, And Funds (ss. 624.501-624.523)
    • Kinds Of Insurance; Limits Of Risk; Reinsurance (ss. 624.601-624.610)
    • Administrative Supervision; Confidentiality; Review (ss. 624.80-624.915)
  • Accounting, Investments, And Deposits By Insurers
    • Assets And Liabilities (ss. 625.01115-625.181)
    • Investments (ss. 625.301-625.340)
    • Administration Of Deposits (ss. 625.50-625.63)
    • Domestic Stock Insurers; Equity Securities (ss. 625.75-625.83)
  • Insurance Field Representatives And Operations
    • Insurance Representatives: Licensing Procedures And General Requirements (ss. 626.011-626.711)
    • General Lines Agents (ss. 626.726-626.754)
    • Life Insurance Agents (ss. 626.776-626.798)
    • Health Insurance Agents (ss. 626.826-626.839)
    • Title Insurance Agents (ss. 626.841-626.8473)
    • Insurance Adjusters (ss. 626.851-626.8797)
    • Insurance Administrators (ss. 626.88-626.8991)
    • Unauthorized Insurers And Surplus Lines (ss. 626.901-626.939)
    • Unfair Insurance Trade Practices (ss. 626.951-626.99)
    • Viatical Settlements (ss. 626.991-626.99295)
    • Structured Settlements (s. 626.99296)
    • Interstate Insurance Product Regulation (ss. 626.9931-626.9938)
    • Navigators (ss. 626.995-626.9958)
  • Insurance Rates And Contracts
    • Rates And Rating Organizations (ss. 627.011-627.381)
    • The Insurance Contract (ss. 627.401-627.442)
    • Life Insurance And Annuity Contracts (ss. 627.451-627.482)
    • Industrial Life Insurance Policies (ss. 627.501-627.522)
    • Group Life Insurance Policies (ss. 627.551-627.575)
    • Health Insurance Policies (ss. 627.601-627.64995)
    • Group, Blanket, And Franchise Health Insurance Policies (ss. 627.651-627.66996)
    • Medicare Supplement Policies (ss. 627.671-627.675)
    • Credit Life And Disability Insurances (ss. 627.676-627.6845)
    • Property Insurance Contracts (ss. 627.701-627.714)
    • Motor Vehicle And Casualty Insurance Contracts (ss. 627.7261-627.746)
    • Surety Insurance Contracts (ss. 627.751-627.759)
    • Title Insurance Contracts (ss. 627.7711-627.798)
    • Variable Or Indeterminate Value Contracts (ss. 627.801-627.807)
    • Premium Finance Companies And Agreements (ss. 627.826-627.849)
    • Premium Financing (ss. 627.901-627.904)
    • Insurer Reporting (ss. 627.911-627.919)
    • Long-Term Care Insurance Policies (ss. 627.9401-627.9408)
    • Purchasing Groups And Risk Retention Groups (ss. 627.941-627.955)
    • Financial Guaranty Insurance (ss. 627.971-627.975)
    • Mortgage Insurance Consolidations (ss. 627.981-627.987)
  • Stock And Mutual Insurers; Holding Companies
    • Stock And Mutual Insurers: Organization And Corporate Procedures (ss. 628.011-628.535)
    • Assessable Mutual Insurers (ss. 628.6011-628.6018)
    • Mutual Insurance Holding Companies (ss. 628.701-628.733)
    • Insurance Holding Companies (ss. 628.801-628.803)
    • Captive Insurers (ss. 628.901-628.920)
  • Reciprocal Insurers
  • Alien Insurers: Trusteed Assets; Domestication
  • Insurer Insolvency; Guaranty Of Payment
    • Insurer Insolvency: Rehabilitation And Liquidation (ss. 631.001-631.401)
    • Florida Insurance Guaranty Of Payments (ss. 631.50-631.70)
    • Life And Health Insurance Guaranty Of Payments (ss. 631.711-631.737)
    • Health Maintenance Organization Consumer Assistance Plan (ss. 631.811-631.828)
    • Florida Workers' Compensation Insurance Guaranty Association (ss. 631.901-631.932)
  • Fraternal Benefit Societies
  • Fire Prevention And Control
    • General Provisions (ss. 633.102-633.142)
    • Fire Safety And Prevention (ss. 633.202-633.228)
    • Fire Protection And Suppression (ss. 633.302-633.3482)
    • Fire Standards And Training (ss. 633.402-633.446)
    • Florida Firefighters Occupational Safety And Health Act (ss. 633.502-633.536)
  • Warranty Associations
    • Motor Vehicle Service Agreement Companies (ss. 634.011-634.288)
    • Home Warranty Associations (ss. 634.301-634.348)
    • Service Warranty Associations (ss. 634.401-634.444)
  • Mortgage Guaranty Insurance
  • Prepaid Limited Health Service Organizations And Discount Medical Plan Organizations
    • Prepaid Limited Health Service Organizations (ss. 636.002-636.067)
    • Discount Medical Plan Organizations (ss. 636.202-636.244)
  • Health Care Service Programs
    • Health Maintenance Organizations (ss. 641.17-641.3923)
    • Prepaid Health Clinics (ss. 641.40-641.459)
    • Health Care Services (ss. 641.47-641.75)
  • Legal Expense Insurance
  • Bail Bond Agents
  • Social Security For Public Employees
  • Continuing Care Contracts
  • Version 2013-11-01
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  • Version 2011-11-08

Chapter 624

INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

Part I

SCOPE OF CODE

624.01 - Short title

Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the “Florida Insurance Code.”


History.- s. 1, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 1, 15, 809(1st), ch. 82-243; s. 1, ch. 85-321; s. 49, ch. 90-131; ss. 2, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 114, ch. 93-399; s. 10, ch. 99-3; s. 750, ch. 2003-261.

624.02 - “Insurance” defined

“Insurance” is a contract whereby one undertakes to indemnify another or pay or allow a specified amount or a determinable benefit upon determinable contingencies.


History.- s. 2, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.03 - “Insurer” defined

“Insurer” includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity.


History.- s. 3, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.031 - “Self-insurance” defined

For the purposes of ss. 627.551 and 627.651, self-insurance includes any plan, fund, or program which is communicated or the benefits of which are described in writing to employees and which has heretofore been or is hereafter established by or on behalf of any individual, partnership, association, corporation, trustee, governmental unit, employer, or employee organization, or any other organized group, for the purpose of providing for employees or their beneficiaries through such individual, partnership, association, corporation, trustee, governmental unit, employer, or employee organization, or any other group, benefits in the event of sickness, accident, disability, or death. Self-insurance does not include:
  • (1) Any plan with respect to which benefits are insured or reinsured by an insurance company or are provided by a health maintenance organization.

  • (2) Any plan covering fewer than 10 employees in this state.

  • (3) Any plan established and maintained as a pension or profit-sharing plan for the exclusive benefit of employees and their beneficiaries.

  • (4) Any plan established and maintained for the purpose of complying with any workers’ compensation law.

  • (5) Any plan administered by or for the Federal Government.

  • (6) Any plan with respect to payments by an employer continuing an employee’s regular compensation, or part thereof, during an illness or disability.

  • (7) Any plan which is primarily for the purpose of providing first aid care and treatment, at a dispensary of an employer, for injury or sickness of employees while engaged in their employment.

  • (8) Any plan established and maintained for the purpose of providing malpractice coverage or professional liability coverage.

History.- ss. 2, 10, ch. 80-341; s. 2, ch. 81-318; s. 809(1st), ch. 82-243; s. 1, ch. 82-386; s. 77, ch. 83-216; ss. 3, 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.04 - “Person” defined

“Person” includes an individual, insurer, company, association, organization, Lloyds, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation, agent, general agent, broker, service representative, adjuster, and every legal entity.


History.- s. 4, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 69, ch. 2003-1; s. 11, ch. 2003-267; s. 4, ch. 2003-281.

624.05 - “Department,” “commission,” and “office” defined

As used in the Insurance Code:
  • (1) “Department” means the Department of Financial Services. The term does not mean the Financial Services Commission or any office of the Financial Services Commission.

  • (2) “Commission” means the Financial Services Commission.

  • (3) “Office” means the Office of Insurance Regulation of the Financial Services Commission.

History.- s. 5, ch. 59-205; ss. 13, 35, ch. 69-106; s. 262, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 751, ch. 2003-261.

624.06 - “Domestic,” “foreign,” “alien” insurer defined

  • (1) A “domestic” insurer is one formed under the laws of this state.

  • (2) A “foreign” insurer is one formed under the laws of any state, district, territory, or commonwealth of the United States other than this state.

  • (3) An “alien” insurer is an insurer other than a domestic or foreign insurer.

History.- s. 6, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 2, 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.07 - “Domicile” defined

Except as provided in s. 631.011, the “domicile” of an insurer means:
  • (1) As to Canadian insurers, Canada and the province under the laws of which the insurer was formed.

  • (2) As to other alien insurers authorized to transact insurance in one or more states, the state designated by the insurer in writing filed with the office at the time of admission to this state or within 6 months after the effective date of this code, whichever date is the later, and may be any of the following states:

    • (a) That in which the insurer was first authorized to transact insurance if the insurer is still so authorized.

    • (b) That in which is located the insurer’s principal place of business in the United States.

    • (c) That in which is held the larger deposit of trusteed assets of the insurer for the protection of its policyholders and creditors in the United States.

    If the insurer makes no such designation, its domicile shall be deemed to be that state in which is located its principal place of business in the United States.

  • (3) As to alien insurers not authorized to transact insurance in one or more states, the country under the laws of which the insurer was formed.

  • (4) As to all other insurers, the state under the laws of which the insurer was formed.

History.- s. 7, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 3, 15, 809(1st), ch. 82-243; s. 2, ch. 82-386; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 752, ch. 2003-261.

624.075 - “Commercially domiciled insurer” defined

Every foreign or alien insurer which is authorized to do business in this state and which, during its 3 preceding fiscal years taken together, or during any lesser period of time if it has been licensed to transact its business in this state only for the lesser period of time, has written an average of 25 percent or more direct premiums in this state than it has written in its state of domicile during the same period, and the direct premiums written constitute more than 55 percent of its total direct premiums written everywhere in the United States during its 3 preceding fiscal years taken together, or during any lesser period of time if it has been authorized to transact its business in this state only for the lesser period of time, as reported in its most recent applicable annual or quarterly statements, shall be deemed a “commercially domiciled insurer” within this state.


History.- s. 1, ch. 85-214; s. 1, ch. 86-286; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.08 - “State” defined

When used in context signifying a jurisdiction other than the State of Florida, “state” means any state, district, territory, or commonwealth of the United States.


History.- s. 8, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.09 - “Authorized,” “unauthorized” insurer defined

  • (1) An “authorized” insurer is one duly authorized by a subsisting certificate of authority issued by the office to transact insurance in this state.

  • (2) An “unauthorized” insurer is one not so authorized.

History.- s. 9, ch. 59-205; s. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 753, ch. 2003-261.

624.10 - Transacting insurance

“Transact” with respect to insurance includes any of the following, in addition to other applicable provisions of this code:
  • (1) Solicitation or inducement.

  • (2) Preliminary negotiations.

  • (3) Effectuation of a contract of insurance.

  • (4) Transaction of matters subsequent to effectuation of a contract of insurance and arising out of it.

History.- s. 10, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

624.105 - Waiver of customer liability

Any regulated company as defined in s. 350.111, any electric utility as defined in s. 366.02(2), any utility as defined in s. 367.021(12) or s. 367.022(2) and (7), and any provider of communications services as defined in s. 202.11(1) may charge for and include an optional waiver of liability provision in their customer contracts under which the entity agrees to waive all or a portion of the customer’s liability for service from the entity for a defined period in the event of the customer’s call to active military service, death, disability, involuntary unemployment, qualification for family leave, or similar qualifying event or condition. Such provisions may not be effective in the customer’s contract with the entity unless affirmatively elected by the customer. No such provision shall constitute insurance so long as the provision is a contract between the entity and its customer.


History.- s. 74, ch. 2003-281; s. 8, ch. 2005-187; s. 10, ch. 2012-70.