CopyCited 26 times | Published | District Court, S.D. Florida
...Florida is one state which has a regulatory scheme in place with respect to title insurance rates. Florida law provides: "A person may not knowingly quote, charge, accept, collect, or receive a risk premium for title insurance other than the risk premium adopted by the [Department of Insurance]." Fla. Stat. § 627.780(1)....
CopyCited 11 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 899, 2000 Fla. LEXIS 2034, 2000 WL 1535354
...For reasons expressed below, we affirm the trial court's order declaring the statutes unconstitutional. MATERIAL FACTS S. Clark Butler, a builder and developer, challenges the constitutionality of sections
626.611(11), [1]
626.8437, [2]
626.9541(1)(h)3.a., [3] *1212
627.780, [4]
627.782 [5] and
627.783 [6] of the Florida Statutes (1997) and rule 4186.003(13)(a) *1213 of the Florida Administrative Code, [7] which prohibit title insurance agents from negotiating or rebating to their clients any portion of the risk premium charged for the issuance of title insurance....
...ertain 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. Butler then filed a second amended complaint, adding sections
626.8437,
627.780,
627.782 and
627.783 to his constitutional *1214 challenge....
...isk premium, to be unconstitutional. CONCLUSION In sum, we hold that the decision in Dade County applies to the statutes at issue in this case, [18] and in accordance with Dade County, we hold that sections
626.611(11),
626.8437,
626.9541(1)(h)3.a.,
627.780,
627.782 and
627.783 of the Florida Statutes and rule 4-186.003(13)(a) of the Florida Administrative Code, to the extent they prohibit title insurance agents from rebating a portion of their risk premium, are unconstitutional under article I, section 9 of the Florida Constitution....
...shall preclude an abatement in an attorney's fee charged for services rendered incident to the issuance of such insurance. Id. §
626.9541(1)(h)3.a. [4] The provisions in chapter 627, Florida Statutes, relate to insurance rates and contracts. Under section
627.780, Florida Statutes (1997), no person may "knowingly quote, charge, accept, collect, or receive a risk premium for title insurance other than the risk premium adopted by the department." Id. §
627.780(1)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 595923
...The respondents allege that they were entitled to receive the statutory reissue premium rate for title insurance from Commonwealth, pursuant to section 627.7825(27), Florida Statutes, and Florida Administrative Code Rule 69O-186.003, when they refinanced their mortgage on June 6, 2003. [2] The respondents assert that under section 627.780, Florida Statutes (2003), a title insurance company and its agents are prohibited from deviating from the rates established by Florida law....
...Section 627.7825 was repealed, see Chapter 2003-261, § 1978 at 2709, Laws of Florida, and the applicable rates after June 30, 2002 are governed by Florida Administrative Code Rule 690-186.003(2), effective July 1, 2002, which is identical in all material respects to the statute, and remains in force to the present. [3] Section 627.780(1), Florida Statutes (2003), provides that "[a] person may not knowingly quote, charge, accept, collect, or receive a premium for title insurance other than the premium adopted by the commission." [4] The record reflects that there is...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 2420492, 2013 Fla. App. LEXIS 8895
...for title insurance premiums. §
627.782, Fla. Stat. (2012); Fla. Admin. Code R. 690-186.003 (2002). Title insurers and agents are prohibited from knowingly quoting, charging, or collecting a premium that differs from the rate set by the Commission. §
627.780, Fla....
CopyPublished | District Court, S.D. Florida
...Florida is one state which has a regulatory scheme in place with respect to title insurance rates. Florida law provides: “A person may not knowingly quote, charge, accept, collect, or receive a risk premium for title insurance other than the risk premium adopted by the [Department 6f Insurance].” Fla. Stat. § 627.780 (1)....