Florida Statutes
Part I - Stock and Mutual Insurers: Organization and Corporate Procedures (Ss. 628.011-628.535)
628.251 - Management and exclusive agency contracts.


(1) No domestic mutual insurer or stock insurer shall make any contract whereby any person is granted or is to enjoy in fact the management of the insurer to the substantial exclusion of its board of directors or to have the controlling or preemptive right to produce substantially all insurance business for the insurer, unless the contract is filed with and approved by the office.
(2) Any such contract shall provide that any such manager or producer of its business shall within 90 days after expiration of each calendar year furnish the insurer’s board of directors a written statement of amounts received under or on account of the contract and amounts expended thereunder during such calendar year, including the emoluments received therefrom by the respective directors, officers, and other principal management personnel of the manager or producer, and with such classification of items and further detail as the insurer’s board of directors may reasonably require.
(3) The office shall disapprove any such contract if it finds that it:
(a) Subjects the insurer to excessive charges;
(b) Is to extend for an unreasonable length of time;
(c) Does not contain fair and adequate standards of performance; or
(d) Contains other inequitable provision or provisions which impair the proper interests of policyholders or members of the insurer.

History.—s. 645, ch. 59-205; 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. 653, 665, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1268, ch. 2003-261.

Structure Florida Statutes

Florida Statutes

Title XXXVII - Insurance

Chapter 628 - Stock and Mutual Insurers; Holding Companies

Part I - Stock and Mutual Insurers: Organization and Corporate Procedures (Ss. 628.011-628.535)

628.011 - Scope of part.

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.

628.152 - Domestic stock insurers; proxies, consents, and authorizations with respect to any voting security.

628.161 - Initial qualifications; mutuals.

628.171 - Formation of mutual insurer; bond.

628.221 - Bylaws of mutual insurer.

628.231 - Directors.

628.251 - Management and exclusive agency contracts.

628.255 - Person with effective control cannot receive commission unless contract approved; penalties.

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.

628.401 - Borrowed surplus.

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.

628.4615 - Specialty insurers; acquisition of controlling stock, ownership interest, assets, or control; merger or consolidation.

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.

628.530 - Effects of redomestication.

628.535 - Authority to adopt rules.