Fla. Stat. 634.181
Grounds for compulsory refusal, suspension, or revocation of license or appointment of salespersons


(1)

The department shall deny, suspend, revoke, or refuse to renew or continue the license or appointment of any such salesperson if it finds that as to the salesperson any one or more of the following applicable grounds exist:Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain the license or appointment.If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this part, any applicable provision of the Florida Insurance Code, or rule of the department or commission.Willful misrepresentation of any service agreement or willful deception with regard to any agreement, done either in person or by any form of dissemination of information or advertising.If in the adjustment of claims arising out of service agreements, she or he has materially misrepresented to a service agreement holder or other interested party the terms and coverage of a service agreement with intent and for the purpose of effecting settlement of the claim on less favorable terms than those provided in and contemplated by the service agreement.For demonstrated lack of fitness or trustworthiness to engage in the service agreement business.For demonstrated lack of adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment.Fraudulent or dishonest practices in the conduct of business under the license or appointment.Misappropriation, conversion, or unlawful withholding of moneys belonging to a service agreement company, insurer, or service agreement holder or to others and received in the conduct of business under the license or appointment.For unlawfully rebating, or attempt thereat, or for unlawfully dividing or offering to divide her or his commission with another.Willful failure to comply with, or willful violation of any proper order of the department or office, or willful violation of any provision of this part, or of any applicable provision of the insurance code, or applicable rule of the department or commission.Having been found guilty of, or having pleaded guilty or nolo contendere to, a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the cases.Failure to refund unearned pro rata commission to the agreement holder or the service agreement company, if the service agreement company is making a full unearned pro rata refund to the agreement holder.Having been the subject of, or having had a license, permit, appointment, registration, or other authority to conduct business subject to, any decision, finding, injunction, suspension, prohibition, revocation, denial, judgment, final agency action, or administrative order by any court of competent jurisdiction, administrative law proceeding, state agency, federal agency, national securities, commodities, or options exchange, or national securities, commodities, or options association involving a violation of any federal or state securities or commodities law or any rule or regulation adopted thereunder, or a violation of any rule or regulation of any national securities, commodities, or options exchange or national securities, commodities, or options association.

(a)

Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain the license or appointment.

(b)

If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this part, any applicable provision of the Florida Insurance Code, or rule of the department or commission.

(c)

Willful misrepresentation of any service agreement or willful deception with regard to any agreement, done either in person or by any form of dissemination of information or advertising.

(d)

If in the adjustment of claims arising out of service agreements, she or he has materially misrepresented to a service agreement holder or other interested party the terms and coverage of a service agreement with intent and for the purpose of effecting settlement of the claim on less favorable terms than those provided in and contemplated by the service agreement.

(e)

For demonstrated lack of fitness or trustworthiness to engage in the service agreement business.

(f)

For demonstrated lack of adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment.

(g)

Fraudulent or dishonest practices in the conduct of business under the license or appointment.

(h)

Misappropriation, conversion, or unlawful withholding of moneys belonging to a service agreement company, insurer, or service agreement holder or to others and received in the conduct of business under the license or appointment.

(i)

For unlawfully rebating, or attempt thereat, or for unlawfully dividing or offering to divide her or his commission with another.

(j)

Willful failure to comply with, or willful violation of any proper order of the department or office, or willful violation of any provision of this part, or of any applicable provision of the insurance code, or applicable rule of the department or commission.

(k)

Having been found guilty of, or having pleaded guilty or nolo contendere to, a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the cases.

(l)

Failure to refund unearned pro rata commission to the agreement holder or the service agreement company, if the service agreement company is making a full unearned pro rata refund to the agreement holder.

(m)

Having been the subject of, or having had a license, permit, appointment, registration, or other authority to conduct business subject to, any decision, finding, injunction, suspension, prohibition, revocation, denial, judgment, final agency action, or administrative order by any court of competent jurisdiction, administrative law proceeding, state agency, federal agency, national securities, commodities, or options exchange, or national securities, commodities, or options association involving a violation of any federal or state securities or commodities law or any rule or regulation adopted thereunder, or a violation of any rule or regulation of any national securities, commodities, or options exchange or national securities, commodities, or options association.

(2)

When a licensee is charged with a felony enumerated in s. 626.207(2), the department shall, immediately upon receipt of information on or indictment for the felony, temporarily suspend a license or appointment issued under this chapter. Such suspension shall continue if the licensee is found guilty of, or pleads guilty or nolo contendere to, the crime, regardless of whether a judgment or conviction is entered, during a pending appeal. A person may not transact insurance business after suspension of his or her license or appointment.

(3)

The department may adopt rules to administer this section.

Source: Section 634.181 — Grounds for compulsory refusal, suspension, or revocation of license or appointment of salespersons, https://www.­flsenate.­gov/Laws/Statutes/2024/0634.­181 (accessed Aug. 7, 2025).

634.011
Definitions
634.021
Powers of department, commission, and office
634.023
Part exclusive
634.031
License required
634.041
Qualifications for license
634.042
Prohibited investments and loans
634.044
Assets and liabilities
634.045
Guarantee agreements
634.052
Required deposit
634.053
Levy upon deposit limited
634.061
Application for and issuance of license
634.071
License continuance
634.081
Suspension or revocation of license
634.095
Prohibited acts
634.101
Order, notice of suspension or revocation of license
634.111
Duration of suspension
634.121
Forms, required procedures, provisions
634.131
Tax on premiums and assessments
634.136
Office records required
634.137
Financial and statistical reporting requirements
634.141
Examination of companies
634.151
Service of process
634.161
Service of process
634.171
Salesperson to be licensed and appointed
634.181
Grounds for compulsory refusal, suspension, or revocation of license or appointment of salespersons
634.191
Grounds for discretionary refusal, suspension, or revocation of license or appointment of salespersons
634.201
Refusal, suspension, or revocation of license or appointment of salespersons
634.211
Administrative fine in lieu of suspension or revocation of license or appointment
634.221
Disposition of taxes and fees
634.231
Insurance business not authorized
634.241
Prohibition against fronting
634.242
Injunctive proceedings
634.251
Penalty for violation
634.252
Acquisition
634.253
Delinquency proceedings
634.261
Voluntary compliance in lieu of suspension or revocation
634.271
Civil remedy
634.282
Unfair methods of competition and unfair or deceptive acts or practices defined
634.283
Power of department and office to examine and investigate
634.284
Prohibited practices
634.285
Cease and desist and penalty orders
634.286
Appeals from orders of the department or office
634.287
Penalty for violation of cease and desist order
634.288
Civil liability
634.1213
Noncompliant forms
634.1815
Rebating
634.2515
Penalty for selling agreements of a nonlicensed company
634.2815
Unfair methods of competition and unfair or deceptive acts or practices prohibited
634.2825
Motor vehicle service agreement cost specified in “price package.”
634.2855
Unauthorized entities

Current through Fall 2025

§ 634.181. Grounds for compulsory refusal, suspension, or revocation of license or appointment of salespersons's source at flsenate​.gov