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The Florida Senate

2002 Florida Statutes

Section 626.753, Florida Statutes 2002

626.753  Sharing commissions; penalty.--

(1)(a)  An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurance.

(b)  A resident agent and a nonresident agent, subject to the provisions of s. 626.741, may divide among themselves commissions as to kinds of insurance for which both are appointed and licensed.

(c)  This section shall not be construed to prevent the payment or receipt of renewal commissions or other deferred commissions or pensions to or by any person solely because such person has ceased to hold a license to act as an insurance agent, and shall not prevent the payment of renewal commissions or other deferred commissions to any incorporated insurance agency solely because any of its stockholders has ceased to hold a license to act as an insurance agent.

(2)  No such licensee shall share a commission with any corporation unless such corporation is an insurance agency.

(3)  A resident general lines agent may share commissions derived from the sale of crop hail or multiple-peril crop insurance with a production credit association organized under 12 U.S.C.A. ss. 2071-2077 or a federal land bank association organized under U.S.C.A. ss. 2091-2098 if the association has specifically approved the insurance activity by its employees. The amount of commission to be shared shall be determined by the general lines agent and the company paying the commission.

(4)  In addition to other penalties provided therefor, the license of any licensee violating or participating in the violation of this section shall be revoked.

History.--s. 277, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 81-282; ss. 2, 3, ch. 81-318; ss. 239, 241, 807, 810, ch. 82-243; s. 2, ch. 83-54; ss. 91, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 258, ch. 97-102.