Fla. Stat. 631.321
Order and levy of assessment


(1)

Upon the filing and reading of the report and petition provided for in s. 631.311, the court, ex parte, may order the department to assess all members or subscribers of the insurer who may be subject to such an assessment, in such an aggregate amount as the court finds reasonably necessary to pay all valid claims as may be timely filed and proved in the delinquency proceeding, together with the costs and expenses of levying and collecting assessments and the costs and expenses of the delinquency proceeding in full. Any such order shall require the department to assess each such member or subscriber for her or his proportion of the aggregate assessment, according to such reasonable classification of such members or subscribers and formula as may be made by the department and approved by the court.

(2)

The court may order additional assessments upon the filing and reading of any amendment or supplement to the report and petition referred to in subsection (1), if such amendment or supplement is filed within 3 years after the date of the entry of the order of rehabilitation or liquidation.

(3)

After the entry of the order to levy an assessment upon members or subscribers of an insurer referred to in subsection (1) or subsection (2), the department shall levy an assessment upon such members or subscribers in accordance with the order.

(4)

The total of all assessments against any member or subscriber with respect to any policy, whether levied pursuant to this chapter or pursuant to any other provision of this code, shall be for no greater amount than that specified in the policy or policies of the member or subscriber and as limited under this code; except as to any policy which was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, in which event the assessment against any such policyholder shall be upon the basis of the minimum rate for such risk.

(5)

No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with this code.

Source: Section 631.321 — Order and levy of assessment, https://www.­flsenate.­gov/Laws/Statutes/2024/0631.­321 (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

§ 631.321. Order & levy of assessment's source at flsenate​.gov