10-2459 FREDERICK W. KORTUM, JR., v. ALEX SINK, in her capacity as Chief Financial Officer and head of the Department of Financial Services for the State of Florida

State: Florida

Court: Florida First District Court

Docket No: 10-2459

Case Date: 12/29/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FREDERICK W. KORTUM, JR., Appellant, v. ALEX SINK, in her capacity as Chief Financial Officer and head of the Department of Financial Services for the State of Florida, Appellee. _____________________________/ Opinion filed December 29, 2010. An appeal from the Circuit Court for Leon County. James O. Shelfer, Judge. Wilbur E. Brewton, Kelly B. Plante, and Tana D. Storey, Brewton Plante, P.A., and Talbot DAlemberte and Patsy Palmer, DAlemberte & Palmer, PLLC, Tallahassee., Tallahassee, for Appellant. Michael H. Davidson, Tallahassee, for Appellee. Cynthia S. Tunnicliff and Ashley P. Mayer of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee for Amici Curiae Property Casualty Insurers Association of America and National Association of Mutual Insurance Companies. Maria Elena Abate and Elana H. Gloetzner of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Ft. Lauderdale for Amicus Curiae Florida Property and Casualty Association. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-2459

VAN NORTWICK, J. Frederick W. Kortum, Jr., a public adjuster, appeals a final judgment determining that section 626.854(6), Florida Statutes (2008), which bans solicitation by public adjusters for a period of 48 hours, is not unconstitutional. We reject the argument of the Department of Financial Services, appellee, accepted by the trial court, that the statute is ambiguous and, as a result, the agencys interpretation that the statute constitutionally regulates only the time, place, and manner of commercial solicitation should be accepted. We hold that the statute unambiguously bans all solicitation for 48 hours and that this restriction on commercial speech violates Article I,

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