ROBERT PHILLIP WOLF, PETITIONER,
v.
TOM GALLAGHER, STATE TREASURER AND INSURANCE COMMISSIONER, RESPONDENT
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Florida appellate court quashed an emergency suspension of an insurance agent's license because the Department of Insurance failed to demonstrate an immediate serious danger to public health, safety, and welfare as required by statute.
An emergency suspension of an insurance agent's license based solely on contract terminations due to unpaid premiums, without evidence of risk to the public, does not satisfy the statutory requirement of immediate serious danger to public health, safety, and welfare.
[1] An emergency suspension of a professional license requires evidence of immediate serious danger to public health, safety, and welfare; mere contract terminations based on…
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Join FLexlaw to unlock all legal intelligenceThe Department of Insurance issued an emergency order temporarily suspending petitioner's insurance agent's license based on termination of two insura…
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PER CURIAM.
Petitioner seeks review of an emergency order of the Department of Insurance temporarily suspending his insurance agent’s license. This court stayed enforcement of the order pending this review proceeding. We grant the petition and quash the order. This case is distinguishable from Saviak v. Gunter, 375 So. 2d 1080 (Fla. 1st DCA 1979). As reasons for the suspension, the instant order cites the termination of two contracts between the petitioner and insurance companies, based on internal audits showing that the petitioner owes premiums to the two insurance companies. Nothing in the order indicates that any insured or other member of the public is at risk because of the failure to remit these premiums. The order further provides that upon the petitioner’s deposit of the money in an escrow account, the suspension will be lifted. These facts alone do not establish an immediate serious danger to the public health, safety, and welfare as required by sections 120.54(9)(a)3 and 120.60(8), Florida Statutes (1993), and Commercial Consultants Corp. v. Department of Business Regulation, 363 So. 2d 1162 (Fla. 1st DCA 1978).
Accordingly, we quash the emergency order of suspension and remand the case for further proceedings in accordance with chapter 120.
Petition for review granted; order quashed.
DANAHY, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
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Citator
Cited By
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Premier Travel Int'l, Inc. v. State of Fla. Dep't of Agric. & Consumer Servs., 849 So. 2d 1132 (Fla. 1st DCA 2003)…s); Crudele v. Nelson, 698 So. 2d 879 (Fla. 1st DCA 1997) (reversing an IFO that concerned related transactions between an insurance agent and one client, two years before, on the grounds that it did not demonstrate an emergency); Wolf v. Gallagher, 629 So. 2d 1066 (Fla. 2d DCA 1994), (reversing an IFO, and distinguishing Saviak, in holding that no other member of the public was at risk from an insurance agent who failed to remit insurance premiums to two insurance companies). In determining whether to affirm…
Authorities Cited
- Commercial Consultants Corp. & Linene Woods, Inc. v. Dep't of Bus. Reg., 363 So. 2d 1162 (Fla. 1st DCA 1978)
- Saviak v. Gunter, 375 So. 2d 1080 (Fla. 1st DCA 1979)