Fla. Stat. 631.156
Investigation by the department; scope of authority; sharing of materials


(1)

The department may, under the direction and supervision of the receivership court, conduct an investigation to determine the causes of the insolvency, including whether false statements filed with the department contributed to the insolvency and if any laws of this state, any other state, or the Federal Government relating to the solvency of the insurer were violated; to discover assets for recovery; and to determine the location of assets and their manner of recovery. The department may take statements under oath and examine and review the books, records, and documents of the insurer or any affiliate, controlling person, officer, director, manager, trustee, agent, adjuster, employee, or independent contractor of any insurer or affiliate and any other person possessing any executive authority over, or exercising or having exercised any control over, any segment of the affairs of the insurer or affiliate. Contracts of reinsurance between an insurer and a reinsurer do not constitute the exercise of control by the reinsurer over the insurer for purposes of this section.

(2)

The department may provide documents, books, and records; other investigative products, work product, and analysis; and copies of any or all of such materials to the Division of Investigative and Forensic Services or any other appropriate government agency. The sharing of these materials does not waive any work product or other privilege otherwise applicable under law.

(3)

The receivership court, upon motion of the department, shall enter an order expediting compliance with the requirements of subsection (1). The court may impose appropriate penalties and sanctions for noncompliance with such order, including penalties and sanctions for the loss, destruction, or spoliation of any evidence that occurs after entry of such order.

Source: Section 631.156 — Investigation by the department; scope of authority; sharing of materials, https://www.­flsenate.­gov/Laws/Statutes/2024/0631.­156 (accessed Aug. 7, 2025).

631.001
Title, construction, and purpose
631.011
Definitions
631.015
Reciprocity
631.021
Jurisdiction of delinquency proceeding
631.025
Persons subject to this part
631.031
Initiation and commencement of delinquency proceeding
631.041
Automatic stay
631.042
Extension of time
631.051
Grounds for rehabilitation
631.061
Grounds for liquidation
631.071
Grounds for conservation
631.081
Grounds for conservation
631.091
Grounds for ancillary liquidation
631.101
Order of rehabilitation
631.111
Order of liquidation
631.112
Subordination of claims for noncooperation
631.121
Order of liquidation
631.131
Order of conservation or ancillary liquidation of foreign or alien insurers
631.141
Conduct of delinquency proceeding
631.152
Conduct of delinquency proceeding
631.153
Intervention
631.154
Funds, assets, or other property in the possession of third person
631.155
Agents’ balances
631.156
Investigation by the department
631.157
Civil action by the receiver
631.161
Claims of nonresidents against insurers domiciled in this state
631.171
Claims of residents against insurers domiciled in reciprocal states
631.181
Filing and proof of claim
631.182
Receiver claims report and claimants objections procedure
631.191
Special deposit claims
631.192
Allowance of certain claims
631.193
Releases
631.195
Records of insurers
631.201
Attachment and garnishment of assets
631.205
Reinsurance proceeds
631.206
Arbitration
631.221
Deposit of moneys collected
631.231
Exemption from fees
631.241
Borrowing on pledge of assets
631.251
Date rights fixed on liquidation
631.252
Continuation of coverage
631.261
Voidable transfers
631.262
Transfers prior to petition
631.263
Transfers after petition
631.271
Priority of claims
631.281
Offsets
631.311
Report and petition for assessment
631.321
Order and levy of assessment
631.331
Assessment prima facie correct
631.341
Notice of insolvency to policyholders by insurer, general agent, or agent
631.361
Seizure under court order
631.371
Seizure under order of the department
631.391
Cooperation of officers and employees
631.392
Immunity
631.395
Guaranty fund
631.397
Use of certain marshaled assets
631.398
Prevention of insolvencies
631.399
Receiver’s right to recover distributions made to affiliate
631.400
Rehabilitation of title insurer
631.401
Recovery of assessments and assumed policy obligations
631.0515
Appointment of receiver
631.1521
Actions by and against the receiver
631.1522
Unrecorded obligations and defenses and claims of affiliates
631.2715
Liability under federal priority of claims law
631.3915
Actions for damages

Current through Fall 2025

§ 631.156. Investigation by the department; scope of authority; sharing of materials's source at flsenate​.gov