CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 12559, 2015 WL 4950094
...regulating them as such. §
517.021(21)(w), Fla. Stat. (2005). The new law included a thirty-day grace period for individuals with life insurance licenses to complete any pending viatical transactions. Ch. 2005-237, § 32, Laws of Fla. (codified at §
626.99295, Fla....
...8 Indeed, by the time the administrative complaint was filed in June 2011, DFS had knowledge of the 2004 and 2005 legislative amendments. As such, DFS should have been aware of the thirty-day grace period enacted into law by the 2005 legislative amendments. § 626.99295, Fla....
...Nevertheless, in response to an interrogatory, contained in the record, DFS admitted it did not, at any time, research or conduct any analysis on the grace period or its applicability. We find this lack of research significant because the grace period provided in section
626.99295 implies a legislative intent not to retroactively apply securities rules to viati-cáis that were closed or pending before July 1, 2005. 9 See McCloskey,
115 So.3d at 444 . When DFS filed the administrative complaint on June 7, 2011, sections
626.99295, Florida Statutes (2005), and
626.99245(4), Florida Statutes (2004), had been readily available for review for six years....
