Florida Statutes 1983, Volume 3 - Florida State University College of ...
Florida Statutes 1983, Volume 3 - Florida State University College of ...
Florida Statutes 1983, Volume 3 - Florida State University College of ...
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F.S.<strong>1983</strong> AMBULANCE SERVICE CONTRACTS Ch.638<br />
other legal obligation as to such examination, when<br />
required by the department.<br />
(e) Has failed to pay any final judgment rendered<br />
against it in this state within 90 days after the judgment<br />
became final.<br />
(f) Has, without just cause, refused to provide<br />
service under its contracts or has, without just cause,<br />
compelled contract holders to employ attorneys to<br />
bring suit against the association to secure service.<br />
(g) Is affiliated with, and under the same general<br />
management or interlocking directorate or ownership<br />
as, another ambulance service association which<br />
transacts direct contracts in this state without having<br />
a license.<br />
(2) The department may, in its discretion, suspend<br />
the certificate <strong>of</strong> authority <strong>of</strong> any ambulance<br />
service association as to which proceedings for receivership,<br />
conservatorship, rehabilitation, or other delinquency<br />
proceedings have been commenced in any<br />
state.<br />
(3) A violation <strong>of</strong> this chapter by an insurer is<br />
grounds for suspension or revocation <strong>of</strong> the insurer's<br />
certificate <strong>of</strong> authority in this state.<br />
History.-s. 9, ch. 61-387; ss. 13, 35, ch. 69-106; s. 21, ch. 78-95; s. 2, ch.<br />
81 -318; ss. 9, 30, 31, ch. 83-314.<br />
'Note.-Expires October I, 1993, pursuant to s. 31, ch. 83-314, and is scheduled<br />
for review pursuant to s. 11.61 in advance <strong>of</strong> that date.<br />
'638.111 Notice <strong>of</strong> suspension or revocation<br />
<strong>of</strong> certificate <strong>of</strong> authority.-<br />
(1) The department shall promptly give notice <strong>of</strong><br />
the suspension or revocation <strong>of</strong> the certificate <strong>of</strong> authority<br />
<strong>of</strong> an association to its sales representatives in<br />
this state <strong>of</strong> record in the <strong>of</strong>fice <strong>of</strong> the department.<br />
(2) In its discretion, the department may cause<br />
notice <strong>of</strong> any such revocation to be published in one<br />
or more newspapers <strong>of</strong> general circulation published<br />
in this state.<br />
(3) Upon suspension or revocation <strong>of</strong> its certificate<br />
<strong>of</strong> authority, an association and its sales representatives<br />
in their representative capacities shall not<br />
solicit or write any new contracts in this state during<br />
the period <strong>of</strong> any such suspension or revocation, nor<br />
after such revocation renew any business previously<br />
written.<br />
History.-s. 11, ch. 61-387; 88. 13, 35, ch. 69-106; s. 21, ch. 78-95; s. 2, ch.<br />
81-318; ss. 10, 30, 31, ch. 83-314.<br />
'Note.-Expires October I, 1993, pursuant to s. 31, ch. 83-314, and is scheduled<br />
for review pursuant to s. 11.61 in advance <strong>of</strong> that date.<br />
'638.121 Duration <strong>of</strong> suspension; obligations<br />
<strong>of</strong> association during suspension period; reinstatement.-<br />
(1) The suspension <strong>of</strong> the certificate <strong>of</strong> authority<br />
<strong>of</strong> an association shall be for a period not to exceed 1<br />
year, as specified by the department in the order <strong>of</strong><br />
suspension. The department may subsequently<br />
shorten or rescind a suspension or the order upon<br />
which the suspension is based.<br />
(2) During the period <strong>of</strong> suspension, the association<br />
shall file its annual statement and pay fees, licenses,<br />
and taxes as required under this chapter as if<br />
the certificate <strong>of</strong> authority were continued in full<br />
force.<br />
(3) Upon expiration <strong>of</strong> the suspension period, if<br />
within such period the certificate <strong>of</strong> authority has not<br />
otherwise terminated, the certificate <strong>of</strong> authority <strong>of</strong><br />
the association shall automatically be reinstated un-<br />
753<br />
less the department finds that the causes <strong>of</strong> the suspension<br />
have not been removed, or that the association<br />
is otherwise not in compliance with the requirements<br />
<strong>of</strong> this chapter.<br />
(4) Upon reinstatement <strong>of</strong> the certificate <strong>of</strong> authority<br />
<strong>of</strong> an association or insurer following suspension,<br />
the authority <strong>of</strong> its sales representatives in this<br />
state to represent the association or insurer shall<br />
likewise be reinstated. The department shall promptly<br />
notify the association or insurer and its sales representatives<br />
in this state <strong>of</strong> record in the <strong>of</strong>fice <strong>of</strong> the<br />
department <strong>of</strong> the reinstatement.<br />
History.-B. 12, ch. 61-387; BS. 13, 35, ch. 69-106; B. 2, ch. 81-318; BB. 11, 30,<br />
31, ch. 83-314.<br />
'Note.-Expires October I, 1993, pursuant to B. 31, ch. 83-314, and is Bcheduled<br />
for review pursuant to B. 11.61 in advance <strong>of</strong> that date.<br />
'638.122 Administrative fine in lieu <strong>of</strong> suspension<br />
or revocation <strong>of</strong> certificate <strong>of</strong> authority.<br />
(1) If the department finds that one or more<br />
grounds exist for the revocation or suspension <strong>of</strong> a<br />
certificate <strong>of</strong> authority issued under this chapter, the<br />
department may, in lieu <strong>of</strong> such suspension or revocation,<br />
impose a fine upon the insurer or ambulance<br />
service association.<br />
(2) With respect to any nonwillful violation, such<br />
fine may not exceed $500 per violation. In no event<br />
may such fine exceed an aggregate amount <strong>of</strong> $2,500<br />
for all non willful violations arising out <strong>of</strong> the same<br />
action. When an ambulance service association discovers<br />
a non willful violation, the association shall<br />
correct the violation and, if restitution is due, make<br />
restitution to all affected persons. Such restitution<br />
shall include interest at 12 percent per year from either<br />
the date <strong>of</strong> the violation or the date <strong>of</strong> inception<br />
<strong>of</strong> the affected person's policy, at the option <strong>of</strong> the<br />
association. The restitution may be a credit against<br />
future premiums due, provided the interest accumulates<br />
until the premiums are due. If the amount <strong>of</strong><br />
restitution due to any person is $50 or more, and the<br />
association wishes to credit it against future premiums,<br />
it shall notify such person that he may receive a<br />
check instead <strong>of</strong> a credit. If the credit is on a policy<br />
which is not renewed, the association shall pay the<br />
restitution to the person to whom it is due.<br />
(3) With respect to any knowing and willful violation<br />
<strong>of</strong> a lawful order or rule <strong>of</strong> the department or a<br />
provision <strong>of</strong> this chapter, the department may impose<br />
a fine upon the ambulance service association in<br />
an amount not to exceed $2,000 for each such violation.<br />
In no event may such fine exceed an aggregate<br />
amount <strong>of</strong> $10,000 for all knowing and willful violations<br />
arising out <strong>of</strong> the same action. In addition to<br />
such fines, the association shall make restitution<br />
when due in accordance with the provisions <strong>of</strong> subsection<br />
(2).<br />
(4) The failure <strong>of</strong> an ambulance service association<br />
to make restitution when due as required under<br />
this section constitutes a willful violation <strong>of</strong> this<br />
chapter. However, if a corporation in good faith is uncertain<br />
as to whether any restitution is due or as to<br />
the amount <strong>of</strong> such restitution, it shall promptly notify<br />
the department <strong>of</strong> the circumstances, and the<br />
failure to make restitution pending a determination<br />
there<strong>of</strong> will not constitute a violation <strong>of</strong> this chapter.<br />
History.-ss. 12, 31, ch. 83-314.<br />
'Note.-Expires October I, 1993, pursuant to B. 31, ch. 83-314, and is scheduled<br />
for review purBuant to s. 11.61 in advance <strong>of</strong> that date.