(1) If any salesperson is convicted by a court of a violation of this part or of an applicable provision of the Florida Insurance Code, the license 1and appointment of the individual shall thereby be deemed to be immediately revoked.
(2) If after an investigation, or upon other evidence, the department has reason to believe that there may exist any one or more grounds therefor, as the grounds are specified in ss. 634.181 and 634.191, the department may suspend, revoke, or refuse to renew or continue the license or appointment of any salesperson.
(3) The department’s papers, documents, reports, or evidence relative to a hearing for revocation or suspension of a license or appointment pursuant to the provisions of this part or the Florida Insurance Code or rule promulgated thereunder and chapter 120 are confidential and exempt from the provisions of s. 119.07(1) until such investigation is completed or ceases to be active. For the purposes of this section, an investigation is considered “active” while the investigation is being conducted by the department with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the department is proceeding with reasonable dispatch, and there is good faith belief that action may be initiated by the department or other administrative or law enforcement agency.
(4) Whenever it appears that any licensed or appointed insurance agent has violated the provisions of this part or of any applicable provision of the Florida Insurance Code or rules, the department may take such action relative thereto as is authorized by the Florida Insurance Code as for a violation of the Florida Insurance Code by the agent.
History.—s. 20, ch. 59-110; s. 27, ch. 63-512; 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. 32, 33, ch. 82-234; ss. 27, 68, ch. 91-106; s. 140, ch. 91-108; s. 2, ch. 93-117; s. 20, ch. 93-195; s. 394, ch. 96-406; s. 1747, ch. 97-102.
1Note.—The amendment to subsection (1) by s. 27, ch. 91-106, used the word “or.”
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288)
634.021 - Powers of department, commission, and office; rules.
634.023 - Part exclusive; applicability of other laws.
634.041 - Qualifications for license.
634.042 - Prohibited investments and loans.
634.044 - Assets and liabilities.
634.045 - Guarantee agreements.
634.053 - Levy upon deposit limited.
634.061 - Application for and issuance of license.
634.071 - License continuance.
634.081 - Suspension or revocation of license; grounds.
634.101 - Order, notice of suspension or revocation of license; effect; publication.
634.111 - Duration of suspension; obligations of company during suspension period; reinstatement.
634.121 - Forms, required procedures, provisions; delivery and definitions.
634.1213 - Noncompliant forms.
634.131 - Tax on premiums and assessments.
634.136 - Office records required.
634.137 - Financial and statistical reporting requirements.
634.141 - Examination of companies.
634.151 - Service of process; appointment of commissioner as process agent.
634.161 - Service of process; method.
634.171 - Salesperson to be licensed and appointed.
634.1815 - Rebating; when allowed.
634.201 - Refusal, suspension, or revocation of license or appointment of salespersons.
634.211 - Administrative fine in lieu of suspension or revocation of license or appointment.
634.221 - Disposition of taxes and fees.
634.231 - Insurance business not authorized.
634.241 - Prohibition against fronting.
634.242 - Injunctive proceedings.
634.251 - Penalty for violation.
634.2515 - Penalty for selling agreements of a nonlicensed company.
634.253 - Delinquency proceedings.
634.261 - Voluntary compliance in lieu of suspension or revocation.
634.2815 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.282 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.2825 - Motor vehicle service agreement cost specified in “price package.”
634.283 - Power of department and office to examine and investigate.
634.284 - Prohibited practices; hearings; procedure; service of process.
634.285 - Cease and desist and penalty orders.
634.2855 - Unauthorized entities; gifts and grants.
634.286 - Appeals from orders of the department or office.