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2008 Florida Statutes
Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.
1626.9521 Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.--
(1) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance.
(2) Except as provided in subsection (3), any person who violates any provision of this part is subject to a fine in an amount not greater than $5,000 for each nonwillful violation and not greater than $40,000 for each willful violation. Fines under this subsection imposed against an insurer may not exceed an aggregate amount of $20,000 for all nonwillful violations arising out of the same action or an aggregate amount of $200,000 for all willful violations arising out of the same action. The fines may be imposed in addition to any other applicable penalty.
(3)(a) If a person violates s. 626.9541(1)(l), the offense known as "twisting," or violates s. 626.9541(1)(aa), the offense known as "churning," the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082, and an administrative fine not greater than $5,000 shall be imposed for each nonwillful violation or an administrative fine not greater than $40,000 shall be imposed for each willful violation. To impose criminal penalties under this paragraph, the practice of "churning" or "twisting" must involve fraudulent conduct.
(b) If a person violates s. 626.9541(1)(ee) by willfully submitting fraudulent signatures on an application or policy-related document, the person commits a felony of the third degree, punishable as provided in s. 775.082, and an administrative fine not greater than $5,000 shall be imposed for each nonwillful violation or an administrative fine not greater than $40,000 shall be imposed for each willful violation.
(c) Administrative fines under this subsection may not exceed an aggregate amount of $50,000 for all nonwillful violations arising out of the same action or an aggregate amount of $250,000 for all willful violations arising out of the same action.
History.--s. 9, ch. 76-260; s. 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 37, ch. 92-146; s. 7, ch. 2008-66; ss. 5, 6, ch. 2008-237.
1Note.--
A. Section 6, ch. 2008-237, provides that "[a]ny increase in the fines imposed under s. 626.9521, Florida Statutes, which exceeds the increase provided by this act shall supersede the amendments made to that section by this act if such increase is enacted during the 2008 legislative session and becomes law, and the amendments to s. 626.9521, Florida Statutes, made by this act shall not take effect." Section 7, ch. 2008-66, also amended s. 626.9521 and provided for an increase in fines imposed which exceeded some of those provided by s. 5, ch. 2008-237.
B. Section 12, ch. 2008-237, provides in part that "[e]ffective [June 30, 2008,] the Department of Financial Services may adopt rules to implement this act."