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KORTUM v. SINK

No. 1D10-2459.

54 So.3d 1012 (2010)

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.

District Court of Appeal of Florida, First District.

December 29, 2010.

Attorney(s) appearing for the Case

Wilbur E. Brewton, Kelly B. Plante, and Tana D. Storey, Brewton Plante, P.A., and Talbot D'Alemberte and Patsy Palmer, D'Alemberte & Palmer, PLLC, 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.

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 agency's interpretation that the statute constitutionally regulates only...

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