(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.
Structure Florida Statutes
Chapter 626 - Insurance Field Representatives and Operations
626.016 - Powers and duties of department, commission, and office.
626.025 - Consumer protections.
626.0428 - Agency personnel powers, duties, and limitations.
626.141 - Violation not to affect validity of insurance.
626.172 - Application for insurance agency license.
626.173 - Insurance agency closure; cancellation of licenses.
626.175 - Temporary licensing.
626.181 - Number of applications for licensure required.
626.191 - Repeated applications.
626.202 - Fingerprinting requirements.
626.211 - Approval, disapproval of application.
626.221 - Examination requirement; exemptions.
626.231 - Eligibility; application for examination.
626.241 - Scope of examination.
626.2415 - Annual report of results of life insurance examinations.
626.251 - Time and place of examination; notice.
626.261 - Conduct of examination.
626.266 - Printing of examinations or related materials to preserve examination security.
626.271 - Examination fee; determination, refund.
626.2815 - Continuing education requirements.
626.291 - Examination results; denial, issuance of license.
626.292 - Transfer of license from another state.
626.301 - Form and contents of licenses, in general.
626.321 - Limited licenses and registration.
626.322 - License, appointment; certain military installations.
626.331 - Number of appointments permitted or required.
626.341 - Additional appointments; general lines, life, and health agents.
626.342 - Furnishing supplies to unlicensed agent prohibited; civil liability.
626.371 - Payment of fees, taxes for appointment period without appointment.
626.381 - Renewal, continuation, reinstatement, or termination of appointment.
626.382 - Continuation, expiration of license; insurance agencies.
626.431 - Effect of expiration of license and appointment.
626.441 - License or appointment; transferability.
626.451 - Appointment of agent or other representative.
626.461 - Continuation of appointment of agent or other representative.
626.471 - Termination of appointment.
626.511 - Reasons for termination; confidential information.
626.536 - Reporting of administrative actions.
626.541 - Firm, corporate, and business names; officers; associates; notice of changes.
626.551 - Notice of change of address, name.
626.561 - Reporting and accounting for funds.
626.571 - Delinquent agencies; notice of trusteeship.
626.5715 - Parity of regulation of insurance agents and agencies.
626.572 - Rebating; when allowed.
626.581 - Commissions contingent upon adjustment savings; prohibition.
626.591 - Penalty for violation of s. 626.581.
626.593 - Insurance agent; written contract for compensation.
626.601 - Improper conduct; inquiry; fingerprinting.
626.602 - Insurance agency names; disapproval.
626.6115 - Grounds for compulsory refusal, suspension, or revocation of insurance agency license.
626.6215 - Grounds for discretionary refusal, suspension, or revocation of insurance agency license.
626.631 - Procedure for refusal, suspension, or revocation of license.
626.641 - Duration of suspension or revocation.
626.6515 - Effect of suspension or revocation upon associated agencies.