(1) No person licensed as an insurance agent may receive any fee or commission or any other thing of value in addition to the rates filed pursuant to chapter 627 for examining any health insurance or any health benefit plan for the purpose of giving or offering advice, counsel, recommendation, or information in respect to terms, conditions, benefits, coverage, or premium of any such policy or contract unless such compensation is based upon a written contract signed by the party to be charged and specifying or clearly defining the amount or extent of such compensation and informing the party to be charged that any commission received from an insurer will be rebated to the party in accordance with subsection (3). In addition, all compensation to be paid to the insurance agent must be disclosed in the contract.
(2) A copy of every such contract shall be retained by the licensee for not less than 3 years after such services have been fully performed.
(3) Notwithstanding the provisions of s. 626.572, all commissions received by an insurance agent from an insurer in connection with the issuance of a policy, when a separate fee or other consideration has been paid to the insurance agent by an insured, shall be rebated to the insured or other party being charged within 30 days after receipt of such commission by the insurance agent.
(4) This section is subject to the unfair insurance trade practices provisions of s. 626.9541(1)(g).
History.—s. 37, ch. 2004-297; s. 1, ch. 2016-202.
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.