CASTAGNOS
v.
DEPARTMENT OF FINANCIAL SERVICES
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Castagnos petitions for review of a temporary suspension order issued by the Florida Department of Financial Services following charges of an enumerated felony. The First District Court of Appeal granted the petition, holding that the Department exceeded its statutory authority by including restrictions beyond license suspension.
The Department exceeded its suspension authority under section 626.611(2). The statute authorizes the Department only to 'suspend a license,' which by its own legal effect prohibits transacting insurance business, and no further restrictions.
[1] A temporary suspension order issued by the Department of Financial Services under section 626.611(2), Florida Statutes, is limited to suspending the licensee's license an…
[2] The Department of Financial Services exceeds its statutory authority when it includes provisions in a temporary suspension order that go beyond the mere suspension of a l…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“suspend a license" if it receives an information or indictment charging the licensee with a statutorily enumerated felony; that suspension itself then having the legal effect of prohibiting the licensee from "transact[ing] insurance business"—and nothing further”
Establishes that the Department's authority is limited to suspending the license, with no further restrictions permitted
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Join FLexlaw to unlock all legal intelligenceCastagnos was charged with a statutorily enumerated felony. The Department of Financial Services issued a temporary suspension order that prohibited h…
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SET ASIDE in part with instructions. M.K. THOMAS, NORDBY, and TANENBAUM, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Michael G. Lawrence, Jr., of Howell, Buchan & Strong, Tallahassee, for Petitioner. Marshawn Michael Griffin, Chief Legal Counsel, and Greg Caracci, Senior Attorney, Department of Financial Services, Tallahassee, for Respondent.