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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 634
WARRANTY ASSOCIATIONS
View Entire Chapter
F.S. 634.321
634.321 Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives.
(1) The department may, in its discretion, 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 under circumstances for which such denial, suspension, revocation, or refusal is not mandatory under s. 634.320:
(a) Any cause for which granting of the license or appointment could have been refused had it then existed and been known to the department.
(b) Violation of any provision of this part, or of any other law applicable to the business of warranties, in the course of dealings under the license or appointment.
(c) Violation of any lawful order or rule of the department or commission.
(d) Failure or refusal to pay over, upon demand, to any home warranty association or insurer the sales representative represents or has represented any money coming into her or his hands which belongs to the association or insurer.
(e) In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as such methods, acts, or practices are or may be defined under this part, or otherwise showing herself or himself to be a source of injury or loss to the public or detriment to the public interest.
(f) Failure to report to the department within 30 days the final disposition of an administrative action taken against a sales representative by a governmental agency or other regulatory agency in this state or any other state or jurisdiction relating to the business of insurance, the sale of securities, or an activity involving fraud, dishonesty, trustworthiness, or breach of a fiduciary duty. The sales representative must submit a copy of the order, consent to order, or other relevant legal documents to the department.
(2) The department may adopt rules to administer this section.
History.s. 1, ch. 77-339; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 20, 32, 33, 34, ch. 83-323; s. 1, ch. 84-94; s. 51, ch. 88-166; s. 40, ch. 91-106; s. 146, ch. 91-108; s. 20, ch. 93-195; s. 472, ch. 97-102; s. 1470, ch. 2003-261; s. 48, ch. 2023-144.