CANFIELD
v.
DEPARTMENT OF FINANCIAL SERVICES
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Brian Cory Canfield challenged a temporary license suspension order issued by the Florida Department of Financial Services. The First District Court of Appeal granted his petition, finding that the Department exceeded its statutory authority under section 626.611(2), Florida Statutes, by imposing restrictions beyond what the statute allows for a suspension based on felony charges.
The court held that the Department exceeded its suspension authority under section 626.611(2), Florida Statutes. The statute allows the Department only to suspend a license upon receipt of an information or indictment charging the licensee with an enumerated felony, with the suspension itself having the legal effect of prohibiting the licensee from transacting insurance business—nothing further.
[1] A temporary suspension order issued by the Department of Financial Services under section 626.611(2), Florida Statutes, is limited to suspending a license and does not ex…
[2] The Department of Financial Services may exceed its statutory authority by including provisions in a temporary suspension order that prohibit controlling or participating…
Previewing 2 of 3 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“By including these two subparagraphs in the order, the department exceeded its suspension authority under section 626.611(2), Florida Statutes, which requires the department only to "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.”
This quote articulates the core holding that the Department's authority under the statute is limited to suspending the license itself, with no power to impose additional restrictions beyond prohibiting the transacting of insurance business.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Department of Financial Services issued a temporary suspension order against Canfield that included prohibitions on controlling or participating i…
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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.