State RegulationsFL specificDifficulty 3/5
The OIR brings one enforcement action against a Florida insurer alleging several nonwillful unfair trade practices. Under Fla. Stat. 626.9521, what is the maximum aggregate penalty for all violations found in that single action?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Under Fla. Stat. 626.9521, as amended by chapter 2023-172, a nonwillful violation may be penalized up to $12,500 per violation, but when the violations arise in the same action against an insurer the aggregate cap is $50,000 (the willful aggregate is $500,000). Chapter 2023-172 raised these from $5,000/$40,000 per violation and from $20,000/$200,000 in the aggregate, so the older figures are only distractors now.
Why the other options are wrong
- A) $12,500 is the per-violation nonwillful ceiling; the statute separately caps the same-action aggregate at $50,000.
- C) $125,000 is the aggregate cap for items under (3)(a) and (b), not the standard nonwillful aggregate.
- D) $625,000 is the willful aggregate for (3)(a) and (b) items, not the nonwillful aggregate.
Memory hook
Per violation $12,500; same action $50,000.