Fla. Stat. 626.9521
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 $12,500 for each nonwillful violation and not greater than $100,000 for each willful violation. Fines under this subsection imposed against an insurer may not exceed an aggregate amount of $50,000 for all nonwillful violations arising out of the same action or an aggregate amount of $500,000 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 $12,500 shall be imposed for each nonwillful violation or an administrative fine not greater than $187,500 shall be imposed for each willful violation. To impose an administrative fine for a willful violation under this paragraph, the practice of “churning” or “twisting” must involve fraudulent conduct.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 $187,500 shall be imposed for each violation.If a person violates any provision of this part and such violation is related to a covered loss or covered claim caused by an emergency for which the Governor declared a state of emergency pursuant to s. 252.36, such person is subject to a fine in an amount not greater than $25,000 for each nonwillful violation and not greater than $200,000 for each willful violation. Fines imposed under this paragraph against an insurer may not exceed an aggregate amount of $100,000 for all nonwillful violations arising out of the same action or an aggregate amount of $1 million for all willful violations arising out of the same action.Administrative fines under paragraphs (a) and (b) may not exceed an aggregate amount of $125,000 for all nonwillful violations arising out of the same action or an aggregate amount of $625,000 for all willful violations arising out of the same action.

(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 $12,500 shall be imposed for each nonwillful violation or an administrative fine not greater than $187,500 shall be imposed for each willful violation. To impose an administrative fine for a willful violation 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 $187,500 shall be imposed for each violation.

(c)

If a person violates any provision of this part and such violation is related to a covered loss or covered claim caused by an emergency for which the Governor declared a state of emergency pursuant to s. 252.36, such person is subject to a fine in an amount not greater than $25,000 for each nonwillful violation and not greater than $200,000 for each willful violation. Fines imposed under this paragraph against an insurer may not exceed an aggregate amount of $100,000 for all nonwillful violations arising out of the same action or an aggregate amount of $1 million for all willful violations arising out of the same action.

(d)

Administrative fines under paragraphs (a) and (b) may not exceed an aggregate amount of $125,000 for all nonwillful violations arising out of the same action or an aggregate amount of $625,000 for all willful violations arising out of the same action.

(4)

A licensee must make all reasonable efforts to ascertain the consumer’s age at the time an insurance application is completed.

(5)

If a consumer who is a senior citizen is a victim, a video deposition of the victim may be used for any purpose in any administrative proceeding conducted pursuant to chapter 120 if all parties are given proper notice of the deposition in accordance with the Florida Rules of Civil Procedure.

Source: Section 626.9521 — Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0626.­9521 (accessed Aug. 7, 2025).

626.99
Life insurance solicitation
626.951
Declaration of purpose
626.973
Fictitious groups
626.989
Investigation by department or Division of Investigative and Forensic Services
626.9511
Definitions
626.9521
Unfair methods of competition and unfair or deceptive acts or practices prohibited
626.9531
Identification of insurers, agents, and insurance contracts
626.9541
Unfair methods of competition and unfair or deceptive acts or practices defined
626.9543
Holocaust victims
626.9545
Improper charge identification incentive program
626.9551
Favored agent or insurer
626.9561
Power of department and office
626.9571
Defined practices
626.9581
Cease and desist and penalty orders
626.9591
Appeals from the department or office
626.9601
Penalty for violation of cease and desist orders
626.9611
Rules
626.9621
Provisions of part additional to existing law
626.9631
Civil liability
626.9641
Policyholders, bill of rights
626.9651
Privacy
626.9701
Rate increases and premium surcharges
626.9702
Illegal dealings in premiums
626.9705
Life or disability insurance
626.9706
Life insurance
626.9707
Disability insurance
626.9741
Use of credit reports and credit scores by insurers
626.9743
Claim settlement practices relating to motor vehicle insurance
626.9744
Claim settlement practices relating to property insurance
626.9885
Financial institutions conducting insurance transactions
626.9891
Insurer anti-fraud investigative units
626.9892
Anti-Fraud Reward Program
626.9893
Disposition of revenues
626.9894
Gifts and grants
626.9896
Dedicated insurance fraud prosecutors
626.97075
Life insurance, disability insurance, and long-term care insurance

Current through Fall 2025

§ 626.9521. Unfair methods of competition & unfair or deceptive acts or practices prohibited; penalties's source at flsenate​.gov