Florida/Georgia Personal Injury & Workers Compensation

...[8] Section 627.401, Florida Statutes, the "scope of this part" provision for part II of chapter 627, does not exclude surplus-lines insurance from coverage under that portion of chapter 627. See §§ 627.401-627.4302, Fla. Stat. (2003) (part II of chapter 627); but see § 627.4085, Fla. Stat. (2003) (stating that section 627.4085, entitled "Insurer name, agent name, and license identification number required on application," "does not apply to surplus lines business under the provisions of ss....

...We reverse in part and remand for reconsideration of the penalty: Not all of the violations of which appellant was found guilty were alleged in the administrative complaint. The final order finds appellant guilty of violations of sections 626.611(5) and (9), 626.621(12), 627.4085(1), and 627.8405, Florida Statutes (1993)....

...We reject appellant's contention to the contrary, and affirm the final order insofar as it finds appellant violated sections 626.611(5) and (9) and 626.621(12), Florida Statutes (1993). To the extent the final order finds appellant guilty of violating sections 627.4085(1) and 627.8405, Florida Statutes (1993), however, it must be reversed. While evidence came in which might well support the recommended order's findings that appellant acted in violation of sections 627.4085(1) and 627.8405, Florida Statutes (1993), the Department never pleaded facts that constituted violations of section 627.4085(1) or 627.8405, Florida Statutes (1993)....

...3d DCA 1990); Sternberg v. Department of Professional Regulation, 465 So.2d 1324 (Fla. 1st DCA 1985); Wray v. Department of Professional Regulation, 435 So.2d 312 (Fla. 1st DCA 1983). We reverse the final order insofar as it finds appellant violated sections 627.4085(1) and 627.8405, Florida Statutes (1993), and remand with directions to the Department to take appropriate disciplinary action, predicated solely on the violations both pleaded in the administrative complaint and proven at hearing....