(1) The office shall expeditiously examine and investigate the application for a permit as referred to in s. 628.051. If the office finds that:
(a) The application is complete;
(b) The documents therewith filed are in compliance with law;
(c) None of the stockholders, organizers, incorporators, subscribers, and other persons who directly or indirectly exercise or have the ability to exercise effective control of the proposed insurer or who will be involved in its management have been found guilty of, or have pleaded guilty or nolo contendere to, a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or any state thereof, or under the law of any other country, which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases;
(d) The proposed financial structure is adequate; and
(e) All stockholders, organizers, incorporators, subscribers, and other persons who directly or indirectly exercise or have the ability to exercise effective control of the proposed insurer or who will be involved in management of the proposed insurer possess the financial standing and business experience to form an insurer;
it shall issue to the applicant a permit to form the proposed insurer.
(2) If the office does not so find, or finds that the insurer if formed or financed would not be able to qualify for or retain a certificate of authority by reason of the provisions of s. 624.404(3), a permit shall not be granted.
(3) A permit granted under the provisions of this section shall be valid for 1 year from the date of issue, and during any extension of such period, not to exceed an additional year, as may be authorized by the office upon cause shown. The articles of incorporation and all other proceedings thereunder shall become void 1 year from the issue date of such permit or upon the expiration of such extended period, unless the formation of the proposed insurer has been completed and a certificate of authority has been issued by the office.
History.—s. 627, ch. 59-205; s. 1, ch. 63-18; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 636, 665, 809(1st), ch. 82-243; s. 122, ch. 83-216; s. 37, ch. 88-166; s. 48, ch. 89-360; ss. 184, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1260, ch. 2003-261.
Structure Florida Statutes
Chapter 628 - Stock and Mutual Insurers; Holding Companies
Part I - Stock and Mutual Insurers: Organization and Corporate Procedures (Ss. 628.011-628.535)
628.021 - “Stock insurer” defined.
628.031 - “Mutual insurer” defined.
628.041 - Applicability of general corporation statutes.
628.051 - Application for permit to form insurer; contents; fee.
628.061 - Investigation of proposed organization.
628.071 - Granting, denial of permit.
628.081 - Incorporation of domestic insurer.
628.091 - Filing, approval of articles of incorporation.
628.101 - Amendment of certificate of incorporation; stock insurer.
628.111 - Amendment of articles of incorporation; mutual insurer.
628.121 - Capital stock; amount; payment.
628.131 - Limitation on organization and stock sales expenses.
628.151 - Insurance business exclusive.
628.161 - Initial qualifications; mutuals.
628.171 - Formation of mutual insurer; bond.
628.221 - Bylaws of mutual insurer.
628.251 - Management and exclusive agency contracts.
628.261 - Notice of change of director or officer.
628.271 - Office and records; penalty for unlawful removal of records.
628.281 - Exceptions to requirement that office, records, and assets be maintained in this state.
628.291 - Unauthorized transactions in other states.
628.301 - Membership in mutual insurer.
628.341 - Nonassessable policies; mutual insurers.
628.351 - Nonassessable policies; revocation of authority of mutual insurer.
628.361 - Participating policies.
628.371 - Dividends to stockholders.
628.381 - Dividends to mutual policyholders.
628.391 - Illegal dividends; penalty.
628.411 - Impairment of capital or assets.
628.421 - Assessment of stockholders or members.
628.431 - Mutualization of stock insurers.
628.441 - Converting mutual insurer.
628.451 - Merger or share exchange of stock insurers and other entities.
628.461 - Acquisition of controlling stock.
628.471 - Mergers; mutual insurers.
628.481 - Bulk reinsurance; stock insurers.
628.491 - Mergers and consolidations; mutual insurers; agreement of bulk reinsurance.
628.501 - Mutual member’s share of assets on liquidation.
628.511 - Ownership or transfer of securities without physical delivery of certificates.
628.520 - Change of domicile of a foreign insurer.
628.525 - Change of domicile of a domestic insurer.