DEVONSHIRE AT PGA NAT. v. STATE

No. 1D12-3641.

103 So.3d 1060 (2013)

DEVONSHIRE AT PGA NATIONAL, LLC, Appellant, v. STATE of Florida, ex. rel., the DEPARTMENT OF FINANCIAL SERVICES OF THE STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, First District.

January 11, 2013.


Attorney(s) appearing for the Case

Harry O. Thomas , David A. Yon , Karen Asher-Cohen , Tallahassee, for Appellant.

Robert V. Elias , Timothy L. Newhall , Helena Cruz Sanchez , Tallahassee, for Appellee.


MAKAR, J.

This case involves the statutory authority of the State of Florida, through its regulatory agents, to intervene and act as receiver over an insolvent continuing care retirement community (CCRC) for the benefit of its residents. We reverse the order below, holding the State is without this authority under the circumstances of this case.

I

Since the advent of CCRCs in the 1980s, the State of Florida has taken an active regulatory approach...

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