(1) The department or office may, upon its own motion or upon a written complaint signed by any interested person and filed with the department or office, inquire into any alleged improper conduct of any licensed, approved, or certified licensee, insurance agency, agent, adjuster, service representative, managing general agent, customer representative, title insurance agent, title insurance agency, mediator, neutral evaluator, navigator, continuing education course provider, instructor, school official, or monitor group under this code. The department or office may thereafter initiate an investigation of any such individual or entity if it has reasonable cause to believe that the individual or entity has violated any provision of the insurance code. During the course of its investigation, the department or office shall contact the individual or entity being investigated unless it determines that contacting such individual or entity could jeopardize the successful completion of the investigation or cause injury to the public.
(2) In the investigation by the department or office of any alleged misconduct, an individual or entity shall, whenever so required by the department or office, cause the individual’s or entity’s books and records to be open for inspection for the purpose of such investigation.
(3) Complaints against an individual or entity may be informally alleged and are not required to include language necessary to charge a crime on an indictment or information.
(4) The expense for any hearings or investigations conducted under this law, as well as the fees and mileage of witnesses, may be paid out of the appropriate fund.
(5) If the department or office, after investigation, has reason to believe that an individual may have been found guilty of or pleaded guilty or nolo contendere to a felony or a crime related to the business of insurance in this or any other state or jurisdiction, the department or office may require the individual to file with the department or office a complete set of his or her fingerprints, in accordance with s. 626.171(4), which shall be accompanied by the fingerprint processing fee set forth in s. 624.501. The fingerprints shall be taken by an authorized law enforcement agency or other department-approved entity.
(6) The complaint and any information obtained pursuant to the investigation by the department or office are confidential and are exempt from s. 119.07 unless the department or office files a formal administrative complaint, emergency order, or consent order against the individual or entity. This subsection does not prevent the department or office from disclosing the complaint or such information as it deems necessary to conduct the investigation, to update the complainant as to the status and outcome of the complaint, or to share such information with any law enforcement agency or other regulatory body.
History.—s. 239, ch. 59-205; ss. 13, 35, ch. 69-106; s. 11, ch. 71-86; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 203, 217, 807, 810, ch. 82-243; ss. 54, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 13, ch. 92-146; s. 372, ch. 96-406; s. 1725, ch. 97-102; s. 2, ch. 98-103; s. 27, ch. 98-199; s. 11, ch. 2001-142; s. 58, ch. 2002-206; s. 946, ch. 2003-261; s. 40, ch. 2003-267; s. 33, ch. 2003-281; s. 20, ch. 2005-257; s. 16, ch. 2014-123; s. 36, ch. 2022-138.
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.