the Campbell Property Management Corporation; The Notice of Petition for Declaratory Statement was published in Vol. 38, No. 18, of the May 4, 2012, Florida Administrative Weekly. The Petitioner, a licensed community association management firm, ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by the Campbell Property Management Corporation on April 17, 2012. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Vol. 38, No. 18, of the May 4, 2012, Florida Administrative Weekly. The Petitioner, a licensed community association management firm, seeks a determination by the Department that its described contemplated proposal to receive fees from insurance agencies in return for referring their clients to the agencies do not: 1) constitute an “unlawful inducement” as that term is used in Section 626.9541(1)(h), Florida Statutes; 2) do not constitute unlawful commission sharing by insurance agents with unlicensed persons; and 3) are not otherwise prohibited under Chapter 626, Florida Statutes. The Department’s Order, filed on July 13, 2012, issues a declaratory statement that Sections 626.9541(1)(h), 626.112(8) and 626.753, Florida Statutes, do not prohibit the Petitioner from receiving referral fees from insurance agencies. However, depending on the actual terms of any referral fee agreement between the Petitioner and insurance agencies, Sections 626.9541(1)(h)1.b., 626.112(8) and 626.753, Florida Statutes, may prohibit the agencies from paying referral fees as determined in accordance with the proposed agreement as described in the Petition.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: R. Terry Butler, Assistant General Counsel, Department of Financial Services Room 612A, Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0333.

Please refer all comments to: Mr. Butler.