Fla. Stat. 634.320
Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives


(1)

The department shall deny, suspend, revoke, or refuse to renew or continue the license or appointment of any sales representative if it is found that any one or more of the following grounds applicable to the sales representative exist:Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain a license or appointment.The license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this part.Willful misrepresentation of any warranty contract or willful deception with regard to any such contract, done either in person or by any form of dissemination of information or advertising.In the adjustment of claims arising out of warranties, material misrepresentation to a warranty holder or other interested party of the terms and coverage of a contract, with the intent and for the purpose of effecting settlement of such claim on less favorable terms than those provided in and contemplated by the contract.Demonstrated lack of fitness or trustworthiness to engage in the business of home warranty.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 an association, insurer, or warranty holder, or to others, and received in the conduct of business under the license or appointment.Unlawfully rebating, or attempting to unlawfully rebate, or unlawfully dividing, or offering to divide, her or his commission with another.Willful failure to comply with, or willful violation of, any proper order or rule of the department or commission or willful violation of any provision of this part.Being found guilty of or pleading 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, without regard to whether judgment of conviction has been entered by the court.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 a license or appointment.

(b)

The license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this part.

(c)

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

(d)

In the adjustment of claims arising out of warranties, material misrepresentation to a warranty holder or other interested party of the terms and coverage of a contract, with the intent and for the purpose of effecting settlement of such claim on less favorable terms than those provided in and contemplated by the contract.

(e)

Demonstrated lack of fitness or trustworthiness to engage in the business of home warranty.

(f)

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 an association, insurer, or warranty holder, or to others, and received in the conduct of business under the license or appointment.

(i)

Unlawfully rebating, or attempting to unlawfully rebate, or 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 or rule of the department or commission or willful violation of any provision of this part.

(k)

Being found guilty of or pleading 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, without regard to whether judgment of conviction has been entered by the court.

(l)

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 634.320 — Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives, https://www.­flsenate.­gov/Laws/Statutes/2024/0634.­320 (accessed Aug. 7, 2025).

634.34
Appeals from orders of the department or office
634.301
Definitions
634.302
Powers of department, commission, and office
634.303
License required
634.304
Qualifications for license
634.305
Required deposit or bond
634.306
Application for and issuance of license
634.307
License expiration
634.308
Grounds for suspension or revocation of license
634.309
Procedure to suspend or revoke license
634.310
Order, notice of suspension or revocation of license
634.311
Duration of suspension
634.312
Forms
634.313
Tax on premiums
634.314
Examination of associations
634.315
Service of process
634.317
License and appointment required
634.318
License and appointment of sales representatives
634.319
Reporting and accounting for funds
634.320
Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives
634.321
Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives
634.322
Procedure for refusal, suspension, or revocation of license or appointment of sales representatives
634.323
Administrative fine in lieu of suspension or revocation of sales representative’s license or appointment
634.324
Disposition of taxes and fees
634.325
Insurance business not authorized
634.326
Fronting not permitted
634.327
Applicability to warranty on new home
634.328
Penalty for violation
634.329
Dissolution or liquidation
634.331
Coverage of property for sale
634.335
Unfair methods of competition and unfair or deceptive acts or practices prohibited
634.336
Unfair methods of competition and unfair or deceptive acts or practices defined
634.337
Power of department and office to examine and investigate
634.338
Prohibited practices
634.339
Cease and desist and penalty orders
634.341
Penalty for violation of cease and desist order
634.342
Injunctive proceedings
634.343
Civil liability
634.344
Coercion of debtor prohibited
634.346
Home warranty coverage requirements
634.348
Investigatory records
634.3025
Part exclusive
634.3051
Levy upon deposit limited
634.3073
Acquisition
634.3076
Prohibited investments and loans
634.3077
Financial requirements
634.3078
Assets and liabilities
634.3112
Administrative fine in lieu of suspension or revocation of license of association
634.3123
Noncompliant forms
634.3135
Office records required
634.3205
Rebating
634.3225
Duration of suspension or revocation of license or appointment
634.3284
Civil remedy
634.3385
Unauthorized entities

Current through Fall 2025

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