(1) In addition to any other penalties provided in the insurance code:
(a) Any insurance agent licensed in this state who in this state knowingly represents or aids an unauthorized insurer in violation of s. 626.901 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person other than an insurance agent licensed in this state who in this state represents or aids an unauthorized insurer in violation of s. 626.901 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Any person who commits a subsequent violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In addition to the penalties provided for in subsection (1), such violator shall be liable, personally, jointly and severally with any other person or persons liable therefor, for payment of taxes payable on account of such insurance under s. 626.938.
(3) This section does not apply to actions of a person who is assisting the office at its direction in the administration of its responsibilities under ss. 626.904-626.912, the Unauthorized Insurers Process Law.
History.—s. 343, ch. 59-205; s. 643, ch. 71-136; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 4, ch. 95-340; s. 39, ch. 2002-206; s. 2, ch. 2005-144.
Structure Florida Statutes
Chapter 626 - Insurance Field Representatives and Operations
Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)
626.901 - Representing or aiding unauthorized insurer prohibited.
626.902 - Penalty for representing unauthorized insurer.
626.903 - Suits by unauthorized insurers prohibited.
626.904 - Unauthorized Insurers Process Law; short title; interpretation.
626.905 - Purpose of Unauthorized Insurers Process Law.
626.906 - Acts constituting Chief Financial Officer as process agent.
626.907 - Service of process; judgment by default.
626.909 - Jurisdiction of office and department; service of process on Secretary of State.
626.912 - Exemptions from ss. 626.904-626.911.
626.913 - Surplus Lines Law; short title; purposes.
626.915 - Surplus lines insurance authorized.
626.916 - Eligibility for export.
626.917 - Eligibility for export; wet marine and transportation, aviation risks.
626.918 - Eligible surplus lines insurers.
626.919 - Withdrawal of eligibility; surplus lines insurer.
626.9201 - Notice of cancellation or nonrenewal.
626.9202 - Loss run statements for all lines of insurance.
626.921 - Florida Surplus Lines Service Office.
626.922 - Evidence of the insurance; changes; penalty.
626.923 - Filing copy of policy or certificate.
626.924 - Information required on contract.
626.925 - Surplus lines insurance valid.
626.926 - Liability of insurer as to losses and unearned premiums.
626.927 - Licensing of surplus lines agent.
626.9271 - Temporary license; death, disability, absence of surplus lines agent.
626.9272 - Licensing of nonresident surplus lines agents.
626.929 - Origination, acceptance, placement of surplus lines business.
626.9295 - Corporations, liability of agent.
626.930 - Records of surplus lines agent.
626.931 - Agent affidavit and insurer reporting requirements.
626.933 - Collection of tax and service fee.
626.934 - Accounting for funds; contingent commissions.
626.935 - Suspension, revocation, or refusal of surplus lines agent’s license.
626.936 - Failure to file reports or pay tax or service fee; administrative penalty.
626.9361 - Failure to file report; administrative penalty.
626.937 - Actions against insurer; service of process.
626.9371 - Payment of premiums and claims.
626.9372 - Disclosure statement of certain information required; liability claims.
626.9374 - Liability of insureds; deductible and coinsurance.
626.938 - Report and tax of independently procured coverages.