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....
...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....
...constitutional. 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....
...statistical information, including loss and expense data, as the department determines to be necessary to analyze risk premium and related title services rates, retention rates, and the condition of the title insurance industry. Id. §
627.782. [6] Section
627.783, Florida Statutes (1997), permits title insurers to petition the department for an order authorizing a deviation from the adopted risk premium: (1) A title insurer may petition the department for an order authorizing a specific deviat...
...(2) If, in the judgment of the department, the requested deviation is not justified, the department may enter an order denying the petition. An order granting a petition constitutes an amendment to the adopted risk premium, and is subject to s.
627.782. Id. §
627.783....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1996 WL 587866
...ceeding as apparently another state agency did in Rice v. Department of H.R.S.,
386 So.2d 844 (Fla. 1st DCA 1980). Appellants' focus here is upon the statutes themselves. Appellees' alternative claim that appellants could seek a rate deviation under section
627.783(1), Florida Statutes, also fails because access to the rate deviation procedure outlined in section
627.783(1) is limited to title insurers and agents, classes that do not include appellants....
