CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...* * * * In none of these cases did the legislature provide that a contract that violated the law was invalid. Yet, in each case, the court held that the contract was invalid. No matter, the dissenting opinion says, because "the Legislature specified the form of discipline to which an errant public adjuster would be subject - section 626.8698 [allowing for the revocation of a public adjuster's license and imposition of a fine] ......
...Faithful adherence to the text of the statute does not support such a result-indeed, the statute is silent as to the inclusion of attorney's fees in "compensation." The text also specifies that an agreement purporting to exceed the "limits on compensation" in section
626.854(11) is "punishable as provided under s.
626.8698," a statute imposing a potential fine and the suspension or revocation of the public adjuster's license for a violation....
...e the subject of a declaration of a state of emergency by the Governor. (c) Any maneuver, shift, or device through which the limits on compensation set forth in this subsection are exceeded is a violation of this chapter punishable as provided under s. 626.8698 ....
...supplemented by the majority's reliance on several readily-distinguishable appellate decisions. The first point of distinction, of course, is that the Legislature specified the form of discipline to which an errant public adjuster would be subject- section 626.8698, addressed earlier in this dissent-while no such legislative guidance applied to the contractual provisions in the cases cited by the majority....
...3d DCA 1986), involved a law firm's violation of anti-solicitation statutes making the contract "unlawful" and making the procurement of the contract a crime under both statutes. 16 The Legislature did not make a public adjuster's violation of section
626.854 a crime; the Legislature specified disciplinary guidelines in section
626.8698 that included a fine and the suspension or revocation of *636 the adjuster's license rather than criminal penalties....
...If Gables Recovery (acting as a public adjuster) was alleged to have exceeded the limits on compensation through such a "maneuver, shift, or device," that violation would be punishable by the Department of Financial Services, with fines or the denial, suspension, or revocation of the public adjuster's license as specified in section 626.8698, Florida Statutes (2017)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...* * * * In none of these cases did the legislature provide that a contract that violated the law was invalid. Yet, in each case, the court held that the contract was invalid. No matter, the dissenting opinion says, because "the Legislature specified the form of discipline to which an errant public adjuster would be subject - section 626.8698 [allowing for the revocation of a public adjuster's license and imposition of a fine] ......
...Faithful adherence to the text of the statute does not support such a result-indeed, the statute is silent as to the inclusion of attorney's fees in "compensation." The text also specifies that an agreement purporting to exceed the "limits on compensation" in section
626.854(11) is "punishable as provided under s.
626.8698," a statute imposing a potential fine and the suspension or revocation of the public adjuster's license for a violation....
...e the subject of a declaration of a state of emergency by the Governor. (c) Any maneuver, shift, or device through which the limits on compensation set forth in this subsection are exceeded is a violation of this chapter punishable as provided under s. 626.8698 ....
...supplemented by the majority's reliance on several readily-distinguishable appellate decisions. The first point of distinction, of course, is that the Legislature specified the form of discipline to which an errant public adjuster would be subject- section 626.8698, addressed earlier in this dissent-while no such legislative guidance applied to the contractual provisions in the cases cited by the majority....
...3d DCA 1986), involved a law firm's violation of anti-solicitation statutes making the contract "unlawful" and making the procurement of the contract a crime under both statutes. 16 The Legislature did not make a public adjuster's violation of section
626.854 a crime; the Legislature specified disciplinary guidelines in section
626.8698 that included a fine and the suspension or revocation of *636 the adjuster's license rather than criminal penalties....
...If Gables Recovery (acting as a public adjuster) was alleged to have exceeded the limits on compensation through such a "maneuver, shift, or device," that violation would be punishable by the Department of Financial Services, with fines or the denial, suspension, or revocation of the public adjuster's license as specified in section 626.8698, Florida Statutes (2017)....
