reglab/housing_qa huggingface dataset:
FL Stat § 626.9325 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9325 - Service fee.

626.9325 Service fee.—(1) The premiums charged for surplus lines insurance are subject to a service fee as provided in s. 626.921(3)(f). The surplus lines agent shall collect from the insured the amount of the fee at the time of the delivery of the policy, or other initial confirmation of insurance, in addition to the full amount of the gross premium charged by the insurer for the insurance. The surplus lines agent is prohibited from absorbing such fee or, as an inducement for insurance or for any other reason, rebating all or any part of such fee or of his or her commission.(2)(a) The surplus lines agent shall pay on or before the 45th day following each calendar quarter to the Florida Surplus Lines Service Office the fees related to all policies reported during the previous calendar quarter in accordance with the plan of operation of the Florida Surplus Lines Service Office.(b) The agent shall pay interest on the amount of any delinquent fees due, at the rate of 9 percent per year, compounded annually, beginning the day the amount becomes delinquent.(3) If a surplus lines policy covers risks or exposures only partially in this state and the state is the home state as defined in the federal Nonadmitted and Reinsurance Reform Act of 2010 (NRRA), the fee payable shall be computed on the gross premium.(4) This section does not apply as to insurance of risks of the state government or its agencies, or of any county or municipality or of any agency thereof.(5) The association shall use the fees to fund the cost of operations of the Florida Surplus Lines Service Office.(6) For the purposes of this section, the term “premium” means the consideration for insurance by whatever name called and includes any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract, which items are deemed to be a part of the premium. The per-policy fee authorized by s. 626.916(4) is specifically included within the meaning of the term “premium.”History.—s. 6, ch. 97-196; s. 42, ch. 99-7; s. 3, ch. 2011-46.
FL Stat § 626.933 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.933 - Collection of tax and service fee.

626.933 Collection of tax and service fee.—If the tax or service fee payable by a surplus lines agent under the Surplus Lines Law is not so paid within the time prescribed, it shall be recoverable in a suit brought by the department against the surplus lines agent. The department may authorize the Florida Surplus Lines Service Office to file suit on its behalf. All costs and expenses incurred in a suit brought by the office which are not recoverable from the agent or surety shall be borne by the office.History.—s. 372, ch. 59-205; ss. 13, 35, ch. 69-106; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 8, ch. 2001-213; s. 13, ch. 2004-374; s. 50, ch. 2012-209.
FL Stat § 626.934 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.934 - Accounting for funds; contingent commissions.

626.934 Accounting for funds; contingent commissions.—The following sections also apply as to surplus lines agents:(1) Section 626.561.(2) Section 626.581.(3) Section 626.591.History.—s. 373, ch. 59-205; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429.
FL Stat § 626.935 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.935 - Suspension, revocation, or refusal of surplus lines agent’s license.

626.935 Suspension, revocation, or refusal of surplus lines agent’s license.—(1) The department shall deny an application for, suspend, revoke, or refuse to renew the appointment of a surplus lines agent and all other licenses and appointments held by the licensee under this code, on any of the following grounds:(a) Removal of the licensee’s office from the licensee’s state of residence.(b) Removal of the accounts and records of his or her surplus lines business from this state or the licensee’s state of residence during the period when such accounts and records are required to be maintained under s. 626.930.(c) Closure of the licensee’s office for more than 30 consecutive days.(d) Failure to make and file his or her affidavit or reports when due as required by s. 626.931.(e) Failure to pay the tax or service fee on surplus lines premiums, as provided in the Surplus Lines Law.(f) Suspension, revocation, or refusal to renew or continue the license or appointment as a general lines agent, service representative, or managing general agent.(g) Lack of qualifications as for an original surplus lines agent’s license.(h) Violation of this Surplus Lines Law.(i) For any other applicable cause for which the license of a general lines agent could be suspended, revoked, or refused under s. 626.611 or s. 626.621.(2) The department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew the license or appointment of any surplus lines agent upon any applicable ground for which a general lines agent’s license could be suspended, revoked, or refused under s. 626.621.(3) In the suspension or revocation of, or the refusal to issue or renew, the license or appointment of a surplus lines agent, the department shall follow the same procedures, as applicable, as provided for suspension, revocation, or refusal of licenses of general lines agents, but subject to s. 626.936 as to failure to file a quarterly report or pay the tax.(4) The following sections also apply, to the extent so applicable, as to surplus lines agents:(a) Section 626.641.(b) Section 626.651.(c) Section 626.661.(d) Section 626.681.(e) Section 626.691.History.—s. 374, ch. 59-205; ss. 13, 35, ch. 69-106; s. 21, ch. 78-95; s. 2, ch. 81-318; ss. 314, 318, 807, ch. 82-243; ss. 179, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 310, ch. 97-102; s. 74, ch. 98-199; s. 9, ch. 2001-213; ss. 14, 45, ch. 2004-374; s. 139, ch. 2007-5; s. 51, ch. 2012-209.
FL Stat § 626.936 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.936 - Failure to file reports or pay tax or service fee; administrative penalty.

626.936 Failure to file reports or pay tax or service fee; administrative penalty.—(1) Any licensed surplus lines agent who neglects to file a report or an affidavit in the form and within the time required or provided for in the Surplus Lines Law may be fined up to $50 per day for each day the neglect continues, beginning the day after the report or affidavit was due until the date the report or affidavit is received. All sums collected under this section shall be deposited into the Insurance Regulatory Trust Fund.(2) Any licensed surplus lines agent who neglects to pay the taxes or service fees as required under the Surplus Lines Law and within the time required may be fined up to $500 per day for each day the failure to pay continues, beginning the day after the tax or service fees were due. The agent shall pay interest on the amount of any delinquent tax due, at the rate of 9 percent per year, compounded annually, beginning the day the amount becomes delinquent. The department shall deposit all sums collected under this section into the Insurance Regulatory Trust Fund.History.—s. 375, ch. 59-205; ss. 13, 35, ch. 69-106; s. 21, ch. 78-95; s. 2, ch. 81-318; ss. 315, 318, 807, ch. 82-243; s. 21, ch. 89-360; ss. 180, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 33, ch. 92-146; s. 10, ch. 2001-213; s. 1023, ch. 2003-261.
FL Stat § 626.9361 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9361 - Failure to file report; administrative penalty.

626.9361 Failure to file report; administrative penalty.—Any eligible surplus lines insurer who fails to file a report in the form and within the time required or provided for in the Surplus Lines Law may be fined up to $500 per day for each day such failure continues, beginning the day after the report was due, until the date the report is received. Failure to file a report may also result in withdrawal of eligibility as a surplus lines insurer in this state. All sums collected by the department under this section shall be deposited into the Insurance Regulatory Trust Fund.History.—s. 34, ch. 92-146; s. 11, ch. 2001-213; s. 1024, ch. 2003-261.
FL Stat § 626.9362 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9362 - Cooperative reciprocal agreement authorized for collection and allocation of certain nonadmitted insurance taxes.

626.9362 Cooperative reciprocal agreement authorized for collection and allocation of certain nonadmitted insurance taxes.—(1) The Department of Financial Services and the Office of Insurance Regulation may enter into a cooperative reciprocal agreement with another state or group of states for the purpose of, but not limited to, the collection and allocation of nonadmitted insurance taxes for multistate risks pursuant to the federal Nonadmitted and Reinsurance Reform Act of 2010 (NRRA) which was incorporated into the Dodd–Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, July 21, 2010.(2) The terms of the agreement may include, but are not limited to, the following:(a) Creating a clearinghouse for the purpose of facilitating the receipt and disbursement of nonadmitted insurance taxes.(b) Specifying requirements and time periods for reporting.(c) Determining methods for the collection and forwarding of nonadmitted insurance taxes to another state.(d) Specifying a premium tax allocation formula for multistate risk nonadmitted insurance.(e) Providing for audits and the exchange of information.(f) Facilitating the administration of the cooperative reciprocal agreement in a reasonable manner.(g) Providing for the collection of a service fee to fund the operations and activities of the clearinghouse which shall not exceed 0.3 percent of the gross premium on transactions processed by the clearinghouse.(3) The Florida Surplus Lines Service Office must implement any cooperative reciprocal agreement entered into by the Department of Financial Services and the Office of Insurance Regulation under this section and has the authority to collect the total tax imposed on a multistate risk nonadmitted insurance premium.(4) The department and the Office of Insurance Regulation may adopt rules for the administration and enforcement of a cooperative reciprocal agreement entered into with another state or group of states under this section.(5) Notwithstanding any other provision of law to the contrary, this section and any cooperative reciprocal agreement entered into with another state or group of states under this section control the collection and allocation of nonadmitted insurance taxes for multistate risks.(6) The Legislature may, at its discretion, review any cooperative reciprocal agreement entered into by the Chief Financial Officer and the office with another state or group of states. If the Legislature determines that the cooperative reciprocal agreement is not in the best interest of the state, the Legislature shall instruct the Chief Financial Officer and the office to withdraw from the cooperative reciprocal agreement, pursuant to any notice provisions required by any such agreement.History.—s. 4, ch. 2011-46; s. 104, ch. 2013-15.
FL Stat § 626.937 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.937 - Actions against insurer; service of process.

626.937 Actions against insurer; service of process.—(1) An unauthorized insurer may be sued upon any cause of action arising in this state under any surplus lines insurance contract issued by it or any certificate, cover note, or other confirmation of such insurance issued by the surplus lines agent, pursuant to the same procedure as is provided in s. 624.423 as to authorized insurers.(2) The unauthorized insurer accepting the risk or issuing the policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section, and to have appointed the Chief Financial Officer as its agent for service of process issuing upon any cause of action arising in this state under any such policy, contract, or insurance.(3) Each unauthorized insurer requesting eligibility pursuant to s. 626.918 shall file with the department its appointment of the Chief Financial Officer, on a form as furnished by the department, as its attorney to receive service of all legal process issued against it in any civil action or proceeding in this state, and agreeing that process so served shall be valid and binding upon the insurer. The appointment shall be irrevocable, shall bind the insurer and any successor in interest as to the assets or liabilities of the insurer, and shall remain in effect as long as there is outstanding in this state any obligation or liability of the insurer resulting from its insurance transactions therein.(4) At the time of such appointment of the Chief Financial Officer as its process agent, the insurer shall file with the department designation of the name and address of the person to whom process against it served upon the Chief Financial Officer is to be forwarded. The insurer may change the designation at any time by a new filing.(5) This section shall be cumulative to any other methods which may be provided by law for service of process upon the insurer.History.—s. 376, ch. 59-205; s. 8, ch. 63-86; ss. 13, 35, ch. 69-106; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 311, ch. 97-102; s. 1025, ch. 2003-261.
FL Stat § 626.9371 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9371 - Payment of premiums and claims.

626.9371 Payment of premiums and claims.—(1) The premiums for surplus lines insurance contracts issued on or after October 1, 2009, in this state or covering risks located in this state shall be paid in cash consisting of coins, currency, checks, or money orders or by using a debit card, credit card, automatic electronic funds transfer, or payroll deduction plan.(2) All payments of claims made in this state under any contract of surplus lines insurance issued on or after October 1, 2009, shall be made:(a) In cash consisting of coins, currency, checks, drafts, or money orders and, if made by check or draft, shall be in such form as will comply with the standards for cash items adopted by the Federal Reserve System to facilitate the sorting, routing, and mechanized processing of such items; or(b) By debit card or any other form of electronic transfer if authorized in writing by the recipient or the recipient’s representative. Any fees or costs to be charged against the recipient must be disclosed in writing to the recipient or the recipient’s representative at the time of written authorization. However, the written authorization requirement may be waived by the recipient or the recipient’s representative if the insurer verifies the identity of the insured or the insured’s recipient and does not charge a fee for the transaction. If the funds are misdirected, the insurer remains liable for the payment of the claim.History.—s. 3, ch. 2009-166.
FL Stat § 626.9372 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9372 - Disclosure statement of certain information required; liability claims.

626.9372 Disclosure statement of certain information required; liability claims.—(1) Each insurer that provides or may provide liability insurance coverage to pay all or a portion of any claim that might be made under surplus lines policies issued on or after October 1, 2009, shall provide, within 60 days after the written request of the claimant, a statement of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:(a) The name of the insurer.(b) The name of each insured.(c) The limits of the liability coverage.(d) A statement of any policy or coverage defense that such insurer reasonably believes is available to such insurer at the time of filing such statement.(e) A copy of the policy.In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and forward such request for information as required by this subsection to all affected insurers. The insurer shall supply the information required in this subsection to the claimant within 60 days after receipt of such request.(2) The statement required by subsection (1) must be amended within 60 days after the date of discovery of facts necessitating an amendment to such statement.History.—s. 4, ch. 2009-166.
FL Stat § 626.9373 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9373 - Attorney fees.

626.9373 Attorney fees.—(1) Upon the rendition of a judgment or decree by any court of this state against a surplus lines insurer in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer on or after the effective date of this act, the trial court or, if the insured or beneficiary prevails on appeal, the appellate court, shall adjudge or decree against the insurer in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the lawsuit for which recovery is awarded. In a suit arising under a residential or commercial property insurance policy not brought by an assignee, the amount of reasonable attorney fees shall be awarded only as provided in s. 57.105 or s. 627.70152, as applicable.(2) If awarded, attorney fees or compensation shall be included in the judgment or decree rendered in the case.History.—s. 5, ch. 2009-166; s. 6, ch. 2021-77.
FL Stat § 626.9374 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.9374 - Liability of insureds; deductible and coinsurance.

626.9374 Liability of insureds; deductible and coinsurance.—(1) Any surplus lines, personal lines residential property insurance policy issued on or after October 1, 2009, containing a separate hurricane or wind deductible must on its face include in at least 14-point, boldface type the following statement: THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.(2) A surplus lines, personal lines residential property insurance policy issued on or after October 1, 2009, containing a coinsurance provision applicable to hurricane or wind losses must on its face include in at least 14-point, boldface type the following statement: THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.History.—s. 6, ch. 2009-166.
FL Stat § 626.939 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)|626.939 - Records produced on order.

626.939 Records produced on order.—(1) Every person by or as to whom insurance is procured or placed in an unauthorized insurer, upon the order of the department, shall produce for examination by the department, or by the authorized representative of the department, all policies and other documents evidencing the insurance and shall disclose to the department the amount of gross premiums paid or agreed to be paid for the insurance. For each refusal to obey such order, such person, upon conviction thereof, shall be liable to a fine of not more than $500.(2) This section does not apply to life insurance or health insurance.History.—s. 378, ch. 59-205; ss. 13, 35, ch. 69-106; s. 2, ch. 81-318; ss. 317, 318, 807, ch. 82-243; ss. 182, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 36, ch. 92-146; s. 23, ch. 99-3.
FL Stat § 626.951 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part IX - Unfair Insurance Trade Practices (Ss. 626.951-626.99)|626.951 - Declaration of purpose.

626.951 Declaration of purpose.—(1) The purpose of this part is to regulate trade practices relating to the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Pub. L. No. 15, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.(2) This part shall be entitled the “Unfair Insurance Trade Practices Act.”History.—s. 379, ch. 59-205; s. 9, ch. 76-260; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429.
FL Stat § 626.9511 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part IX - Unfair Insurance Trade Practices (Ss. 626.951-626.99)|626.9511 - Definitions.

626.9511 Definitions.—When used in this part:(1) “Person” means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or business trust or any entity involved in the business of insurance.(2) “Insurance policy” or “insurance contract” means a written contract of, or a written agreement for or effecting, insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements, and papers which are a part thereof.History.—s. 9, ch. 76-260; s. 1, ch. 77-174; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 1027, ch. 2003-261.