Fla. Stat. 631.331
Assessment prima facie correct; notice; payment; proceeding to collect


(1)

Any assessment of a subscriber or member of an insurer made by the department pursuant to the order of court fixing the aggregate amount of the assessment against all members or subscribers and approving the classification and formula made by the department under s. 631.321(1) shall be prima facie correct.

(2)

Each member or subscriber shall be notified of the amount of assessment to be paid by her or him by written notice mailed to the address of the member or subscriber last of record with the insurer. Failure of the member or subscriber to receive the notice so mailed, within the time specified therein or at all, shall be no defense in any proceeding to collect the assessment.

(3)

If any such member or subscriber fails to pay the assessment within the period specified in the notice, which period shall not be less than 20 days after mailing, the department may obtain an order in the delinquency proceeding requiring the member or subscriber to show cause at a time and place fixed by the court why judgment should not be entered against such member or subscriber for the amount of the assessment, together with all costs. A copy of the order and a copy of the petition therefor shall be served upon the member or subscriber within the time and in the manner designated in the order.

(4)

If the subscriber or member after due service of a copy of the order and petition referred to in subsection (3) is made upon her or him:Fails to appear at the time and place specified in the order, judgment shall be entered against her or him as prayed for in the petition; orAppears in the manner and form required by law in response to the order, the court shall hear and determine the matter and enter a judgment in accordance with its decision. In the interests of judicial economy, the court may appoint a special magistrate to resolve objections or to perform any particular service required by the court. This paragraph shall apply to receivership proceedings commencing prior to, or subsequent to, July 1, 1997.

(a)

Fails to appear at the time and place specified in the order, judgment shall be entered against her or him as prayed for in the petition; or

(b)

Appears in the manner and form required by law in response to the order, the court shall hear and determine the matter and enter a judgment in accordance with its decision. In the interests of judicial economy, the court may appoint a special magistrate to resolve objections or to perform any particular service required by the court. This paragraph shall apply to receivership proceedings commencing prior to, or subsequent to, July 1, 1997.

(5)

The department may collect any such assessment through any other lawful means.

Source: Section 631.331 — Assessment prima facie correct; notice; payment; proceeding to collect, https://www.­flsenate.­gov/Laws/Statutes/2024/0631.­331 (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

§ 631.331. Assessment prima facie correct; notice; payment; proceeding to collect's source at flsenate​.gov