CopyCited 11 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 899, 2000 Fla. LEXIS 2034, 2000 WL 1535354
...ing seventy percent. See §
627.782(1). Butler seeks the right to negotiate the agent's share of the risk premium only. In pursuit of this end, Butler filed a complaint against the Department of Insurance seeking a declaratory judgment that sections
626.572,
626.9541(1)(h)3.a., and
626.611(11), Florida Statutes (1997), and rule 4-186.003(13) were unconstitutional as a violation of his substantive due process rights under article I, section 9 of the Florida Constitution....
...on of Independent Title Insurance Agents, Commonwealth Land Insurance Company, Lawyers Title Insurance Company, and Stewart Title Guaranty Company (hereinafter referred to as "Appellants"). Butler moved for partial summary judgment to establish that section 626.572, Florida Statutes (1997), which permits rebates by insurance agents in certain circumstances, applies to title insurance agents as well. The circuit court denied Butler's motion, finding that section 626.572 does not apply to title insurance agents....
...[10] The Department of Insurance did not file a notice of appeal. Butler, Florida Home Builders Association, and National Title Insurance Company (collectively referred to as "Appellees") filed a cross-appeal challenging the trial court's order finding section 626.572 inapplicable to title insurance agents. However, the appellees dismissed the cross-appeal due to the 1999 legislative enactments expressly declaring section 626.572 inapplicable to title insurance agents....
...ent who rebates or divides his or her commission with another. Section
626.9541(1)(h)1. classifies the giving or offering of rebates as an unfair method of competition. [14] As a result of this Court's holding in Dade County, the Legislature enacted section
626.572 which permits rebating by insurance agents if certain conditions are satisfied. Section
626.572 states: (1) No agent shall rebate any portion of his or her commission except as follows: (a) The rebate shall be available to all insureds in the same actuarial class....
...(3) No rebate shall be withheld or limited in amount based on factors which are unfairly discriminatory. (4) No rebate shall be given which is not reflected on the rebate schedule. (5) No rebate shall be refused or granted based upon the purchase or failure of the insured or applicant to purchase collateral business. § 626.572, Fla....
...The trial court in the instant case ruled that this provision does not apply to title insurance agents. Although Butler initially challenged this ruling on appeal to the district court, the appeal was subsequently dropped in light of the 1999 legislative amendments specifically declaring that section 626.572 does not apply to title insurance agents....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1996 WL 587866
...We have on appeal a final order of the Circuit Court dismissing an amended complaint filed by appellant, S. Clark Butler. Butler, joined by the Florida Home Builder's Association, challenged the constitutionality of Rule 4-186.003(13)(a), Florida Administrative Code, and sections
626.9541(1)(h)3.a.,
626.611(11) and
626.572, Florida Statutes (1993)....
...On June 30, 1995, Butler filed an amended complaint to reflect recent changes in the numbering and substance of Rule 4-186.003(11)(i). [1] Appellant also included in the amended complaint a challenge to the constitutionality of sections
626.9541(1)(h)3.a.,
626.611(11), and
626.572, Florida Statutes (1993), citing basically the same reasons as those cited in challenging the rule....
...Florida Administrative Code Rule 4-186.003(13)(a) [3] implements that section by likewise prohibiting illegal rebates. Section
626.611(11) provides for disciplinary action against any agent who unlawfully rebates or divides a commission with another. Section
626.572 appears to allow agents to lawfully *1106 rebate a portion of their commission if the rebate satisfies the criteria set forth under that section; however, subsection (1)(d) allows an insurer to prohibit their agents from rebating commissions....
...rejudice for failure to exhaust administrative remedies. This appeal ensued. We find that this constitutional challenge focuses upon the facial validity of the anti-rebate statutory scheme as set forth in sections
626.9541(1)(h),
626.611(11) [4] and
626.572, Florida Statutes (1993) [5] and Rule 4-186.003(13)(a), Florida Administrative Code....
...ted risk premium. [4] The Department and the Intervenors originally took the position that section
626.611(11) did not apply to title insurance. However, at the hearing, appellees abandoned that position. [5] At the hearing, appellees contended that section
626.572 did not apply to title insurance because it was contained in Part I of Chapter 626 which pursuant to Section
627.776(2)(a) was not applicable to title insurance....
...However, the scope of Part I of Chapter 626 was expanded by the legislature to include title insurance agents. Section
626.8411(2) provides that the only portions of Part I of Chapter 626 that do not apply to title insurance agents are sections
626.112(8),
626.231,
626.331 and 626.592. Section
626.572 is not included in the list....
