State RegulationsFL specificDifficulty 3/5
Following a Department of Financial Services investigation, a Florida agent is found to have committed a nonwillful unfair trade practice. Under current law, what is the maximum administrative penalty per violation?
Select an option to reveal the answer and the full 3-part explanation — free, no signup.
Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under Fla. Stat. 626.9521, the current maximum administrative penalty for a nonwillful unfair trade practice is $12,500 per violation; a willful violation may be penalized up to $100,000 per violation, and against an insurer the same action aggregates are capped at $50,000 nonwillful and $500,000 willful. Chapter 2023-172 raised these from $5,000/$40,000 to $12,500/$100,000, so the older lower figures found in pre-2023 textbooks are no longer correct. The Department of Financial Services brings these enforcement actions against licensees.
Why the other options are wrong
- A) $5,000 was the pre-2023 nonwillful figure; chapter 2023-172 raised it to $12,500.
- B) $100,000 is the current maximum for a WILLFUL violation, not a nonwillful one.
- C) $50,000 is the aggregate cap against an insurer for nonwillful violations in the same action, not the per-violation maximum.
Memory hook
Nonwillful $12,500, willful $100,000 — the 2023 raise.