reglab/housing_qa huggingface dataset:
FL Stat § 634.433 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.433 - Civil remedy.

634.433 Civil remedy.—(1) Any person damaged by a violation of the provisions of this part may bring a civil action against a person violating such provisions in the circuit court of the county in which the alleged violator resides or has her or his principal place of business or in the county in which the alleged violation occurred. Upon adverse adjudication, the defendant will be liable for actual damages or $500, whichever is greater, together with court costs and reasonable attorney’s fees incurred by the plaintiff.(2) No punitive damages may be awarded under this section unless the acts giving rise to the violation occur with such frequency as to indicate a general business practice and these acts are:(a) Willful, wanton, and malicious; or(b) In reckless disregard for the rights of any insured.Any person who pursues a claim under this subsection shall post in advance the costs of discovery. Such costs shall be awarded to the insurer if no punitive damages are awarded to the plaintiff.(3) As a condition precedent to bringing an action under this section, the department and the insurer shall be given written notice of the violation. The notice shall state with specificity the facts which allegedly constitute the violation and the law upon which the plaintiff is relying and shall state that such notice is given in order to perfect the right to pursue the civil remedy authorized by this section. No action will lie if, within 30 days thereafter, the damages are paid or the circumstances giving rise to the violation are corrected.(4) This section shall not be construed to authorize a class action suit against a service warranty association or a civil action against the department, the office, their employees, or the Chief Financial Officer.History.—ss. 25, 38, ch. 83-322; s. 20, ch. 93-195; s. 481, ch. 97-102; s. 1508, ch. 2003-261.
FL Stat § 634.435 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.435 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.

634.435 Unfair methods of competition and unfair or deceptive acts or practices prohibited.—No person may engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 634.437 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of service warranty.History.—ss. 27, 38, ch. 83-322; s. 20, ch. 93-195.
FL Stat § 634.437 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.437 - Power of department and office to examine and investigate.

634.437 Power of department and office to examine and investigate.—The department and office have the power, within their respective regulatory jurisdictions, to examine and investigate the affairs of every person involved in the business of service warranty in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by s. 634.435, and each shall have the powers and duties specified in ss. 634.438-634.442 in connection therewith.History.—ss. 29, 38, ch. 83-322; s. 20, ch. 93-195; s. 1509, ch. 2003-261.
FL Stat § 634.438 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.438 - Prohibited practices; hearings; procedure; service of process.

634.438 Prohibited practices; hearings; procedure; service of process.—(1) Whenever the department or office has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in s. 634.436, or is engaging in the business of service warranty without being properly licensed as required by this part, and that a proceeding by the department or office in respect thereto would be in the interest of the public, the department or office shall conduct or cause to have conducted a hearing in accordance with chapter 120.(2) The department or office, a duly empowered hearing officer, or an administrative law judge shall, during the conduct of such hearing, have those powers enumerated in s. 120.569; however, the penalty for failure to comply with a subpoena or with an order directing discovery is limited to a fine not to exceed $1,000 per violation.(3) A statement of charges, notice, or order under this part may be served by anyone duly authorized by the department or office, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person affected by such statement, notice, order, or other process at her or his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service, is proof of the same; and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as provided in this subsection, is proof of service of the same.History.—ss. 30, 38, ch. 83-322; s. 20, ch. 93-195; s. 283, ch. 96-410; s. 1750, ch. 97-102; s. 1510, ch. 2003-261.
FL Stat § 634.4385 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.4385 - Unauthorized entities; gifts and grants.

634.4385 Unauthorized entities; gifts and grants.—A governmental unit, public agency, institution, person, firm, or legal entity may provide money to the department to enable the department to pursue unauthorized entities operating in violation of this part. The department may transfer funds to the office to investigate, discipline, sanction, and take all action consistent with this part relative to unauthorized entities. All donations or grants of moneys to the department shall be deposited into the Insurance Regulatory Trust Fund and shall be separately accounted for in accordance with this section. Moneys deposited into the Insurance Regulatory Trust Fund pursuant to this section may be appropriated by the Legislature, pursuant to chapter 216, for the purpose of enabling the department or the office to carry out the provisions of this section. Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance of moneys deposited into the Insurance Regulatory Trust Fund pursuant to this section remaining at the end of any fiscal year shall be available for carrying out the duties and responsibilities of the department or the office.History.—s. 10, ch. 2012-77.
FL Stat § 634.439 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.439 - Cease and desist and penalty orders.

634.439 Cease and desist and penalty orders.—After the hearing provided for in s. 634.438, the department or office shall enter a final order in accordance with s. 120.569. If it is determined that the person charged has engaged in an unfair or deceptive act or practice or the unlawful transaction of service warranty business, the department or office also shall issue an order requiring the violator to cease and desist from engaging in such method of competition, act, or practice or the unlawful transaction of service warranty business. Further, the department or office may, at its discretion, order any one or more of the following penalties:(1) The suspension or revocation of such person’s license, or eligibility for any license, if the person knew, or reasonably should have known, she or he was in violation of this part.(2) If it is determined that the person charged has provided or offered to provide service warranties without proper licensure, the imposition of an administrative penalty not to exceed $1,000 for each service warranty contract offered or effectuated.History.—ss. 31, 38, ch. 83-322; s. 20, ch. 85-62; s. 20, ch. 93-195; s. 284, ch. 96-410; s. 1751, ch. 97-102; s. 1511, ch. 2003-261.
FL Stat § 634.44 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.44 - Appeals from orders of the department or office.

634.44 Appeals from orders of the department or office.—Any person subject to an order of the department or office under s. 634.439 may obtain a review of such order by filing an appeal therefrom in accordance with the provisions and procedures for appeal from the orders of the department or office in general under s. 120.68.History.—ss. 32, 38, ch. 83-322; s. 20, ch. 93-195; s. 1512, ch. 2003-261.
FL Stat § 634.441 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.441 - Penalty for violation of cease and desist order.

634.441 Penalty for violation of cease and desist order.—Any person who violates a cease and desist order of the department or office under s. 634.439 while such order is in effect, after notice and hearing as provided in s. 634.438, is subject, at the discretion of the department or office, to any one or more of the following penalties:(1) A monetary penalty of not more than $50,000 as to all matters determined in such hearing.(2) The suspension or revocation of such person’s license or eligibility to hold a license.History.—ss. 33, 38, ch. 83-322; s. 20, ch. 93-195; s. 1513, ch. 2003-261.
FL Stat § 634.442 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.442 - Injunctive proceedings.

634.442 Injunctive proceedings.—In addition to the penalties and other enforcement provisions of this part, if any person violates s. 634.403 or s. 634.420 or any rule adopted pursuant thereto, the department or office may resort to a proceeding for injunction in the circuit court of the county where such person resides or has her or his or its principal place of business, and therein apply for such temporary and permanent orders as the department or office deems necessary to restrain such person from engaging in any such activities, until such person has complied with such provision or rule.History.—ss. 34, 38, ch. 83-322; s. 20, ch. 93-195; s. 482, ch. 97-102; s. 1514, ch. 2003-261.
FL Stat § 634.443 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.443 - Civil liability.

634.443 Civil liability.—The provisions of this part are cumulative to rights under the general civil and common law, and no action of the department or office will abrogate such rights to damages or other relief in any court.History.—ss. 35, 38, ch. 83-322; s. 20, ch. 93-195; s. 1515, ch. 2003-261.
FL Stat § 634.444 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 634 - Warranty Associations|Part III - Service Warranty Associations (Ss. 634.401-634.444)|634.444 - Investigatory records.

634.444 Investigatory records.—All active examination or investigatory records of the department or office made or received pursuant to this part 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 or office 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 or office is proceeding with reasonable dispatch, and there is good faith belief that action may be initiated by the department or office or other administrative law enforcement agency.History.—ss. 26, 38, ch. 83-322; s. 5, ch. 93-117; s. 20, ch. 93-195; s. 397, ch. 96-406; s. 1516, ch. 2003-261.
FL Stat § 636.002 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.002 - Short title.

636.002 Short title.—Sections 1-57, chapter 93-148, Laws of Florida, may be cited as the “Prepaid Limited Health Service Organization Act of Florida.”History.—s. 1, ch. 93-148.
FL Stat § 636.004 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.004 - Applicability of other laws.

636.004 Applicability of other laws.—Except as provided in this act, prepaid limited health service organizations are governed by the provisions of this act and are exempt from the Florida Insurance Code unless specifically referenced.History.—s. 3, ch. 93-148.
FL Stat § 636.005 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.005 - Incorporation required; exceptions.

636.005 Incorporation required; exceptions.—(1) On or after October 1, 1993, any entity that has not yet obtained a certificate of authority to operate a prepaid limited health service organization in this state must be incorporated.(2) A prepaid limited health service organization may be organized as a profit or nonprofit corporation.(3) A prepaid limited health service organization may be incorporated in another state if the entity maintains a certificate of authority or license in the state in which it is domiciled to provide services which the applicant intends to provide in this state and maintains a certificate of authority in this state.(4) This section shall not apply to providers licensed pursuant to chapter 463 or any other licensed professional if incorporation is limited or restricted by law.History.—s. 4, ch. 93-148; s. 68, ch. 99-5.
FL Stat § 636.006 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.006 - Insurance business not authorized.

636.006 Insurance business not authorized.—Nothing in the Florida Insurance Code or this act authorizes any prepaid limited health service organization to transact any insurance business other than that specifically authorized by this act, or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the office under the provisions of the Florida Insurance Code.History.—s. 5, ch. 93-148; s. 1524, ch. 2003-261.
FL Stat § 636.007 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.007 - Certificate of authority required.

636.007 Certificate of authority required.—A person, corporation, partnership, or other entity may not operate a prepaid limited health service organization in this state without obtaining and maintaining a certificate of authority from the office pursuant to this act. A political subdivision of this state which is operating an emergency medical services system and offers a prepaid ambulance service plan as a part of its emergency medical services system shall be exempt from the provisions of this act and all other provisions of the insurance code. An insurer, while authorized to transact health insurance in this state, or a health maintenance organization possessing a valid certificate of authority in this state, may also provide services under this act without additional qualification or authority, but shall be otherwise subject to the applicable provisions of this act.History.—s. 6, ch. 93-148; s. 1525, ch. 2003-261.
FL Stat § 636.012 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.012 - Continued eligibility for certificate of authority.

636.012 Continued eligibility for certificate of authority.—In order to maintain its eligibility for a certificate of authority, a prepaid limited health service organization must continue to meet all conditions required to be met under this act and the rules adopted thereunder for the initial application for and issuance of its certificate of authority under ss. 636.008 and 636.009.History.—s. 9, ch. 93-148.
FL Stat § 636.0145 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.0145 - Certain entities contracting with Medicaid.

636.0145 Certain entities contracting with Medicaid.—An entity that is providing comprehensive inpatient and outpatient mental health care services to certain Medicaid recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk Counties through a capitated, prepaid arrangement pursuant to the federal waiver provided for in s. 409.905(5) must become licensed under this chapter by December 31, 1998. Any entity licensed under this chapter which provides services solely to Medicaid recipients under a contract with Medicaid is exempt from ss. 636.017, 636.018, 636.022, 636.028, 636.034, and 636.066(1).History.—s. 4, ch. 97-65; s. 130, ch. 2004-5; s. 26, ch. 2004-344; s. 14, ch. 2011-61; s. 29, ch. 2015-3.
FL Stat § 636.015 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.015 - Language used in contracts and advertisements; translations.

636.015 Language used in contracts and advertisements; translations.—(1)(a) All contracts or forms must be printed in English.(b) If the negotiations leading up to the effectuation of a prepaid limited health service organization contract are conducted in a language other than English, the prepaid limited health service organization must supply to the member a written translation of the contract, which translation accurately reflects the substance of the contract and is in the language used to negotiate the contract. The written translation must be affixed to, and shall become a part of, the contract or form, including a certification that the written translation is identical to the English version. Any such translation must be furnished to the office as part of the filing of the prepaid limited health services contract form. No translation of a prepaid limited health services contract form may be approved by the office unless the translation accurately reflects the substance of the prepaid limited health services contract form in translation.(2) The text of all advertisements by a prepaid limited health service organization, if printed or broadcast in a language other than English, also must be available in English and must be furnished to the office upon request. As used in this subsection, the term “advertisement” means any advertisement, circular, pamphlet, brochure, or other printed material disclosing or disseminating advertising material or information by a prepaid limited health service organization to prospective or existing subscribers and includes any radio or television transmittal of an advertisement or information.History.—s. 12, ch. 93-148; s. 1528, ch. 2003-261.
FL Stat § 636.0155 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.0155 - Disclosures required in contracts and marketing materials.

636.0155 Disclosures required in contracts and marketing materials.—All prepaid limited health services contracts, marketing materials, and literature printed after October 1, 1997, must disclose in boldfaced type the name of the organization and disclose that the organization is a prepaid limited health service organization licensed under this chapter.History.—s. 1, ch. 97-65.
FL Stat § 636.017 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 636 - Prepaid Limited Health Service Organizations and Discount Plan Organizations|Part I - Prepaid Limited Health Service Organizations (Ss. 636.002-636.067)|636.017 - Rates and charges.

636.017 Rates and charges.—(1) The rates charged by any prepaid limited health service organization to its subscribers shall not be excessive, inadequate, or unfairly discriminatory. The commission or office may require whatever information it deems necessary to determine that a rate or proposed rate meets the requirements of this section.(2) In determining whether a rate is in compliance with subsection (1), the office must take into consideration the limited services provided, the method in which the services are provided, and the method of provider payment. This section may not be construed as authorizing the commission to establish by rule minimum loss ratios for prepaid limited health service organizations’ rates.History.—s. 14, ch. 93-148; s. 1530, ch. 2003-261.