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DADE CTY. CONSUMER ADVOCATE'S v. DEPT. OF INS.

No. AV-400.

457 So.2d 495 (1984)

DADE COUNTY CONSUMER ADVOCATE'S OFFICE, Appellant, v. DEPARTMENT OF INSURANCE and Bill Gunter, in His Official Capacity As Insurance Commissioner, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 24, 1984.

Attorney(s) appearing for the Case

William B. Schultz and Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., and Mary Charlotte McCall, Tallahassee, for appellant.

Curtis A. Billingsley, Dept. of Insurance, Tallahassee, for appellees.

James N. McConnaughhay and Arthur C. Beal, Jr. of McConnaughhay, Roland & Maida, Tallahassee, for amicus curiae Florida Ass'n of Ins. Agents.

J. Robert McClure, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tallahassee, for amicus curiae Florida Ass'n of Life Underwriters.

W.O. Birchfield and Dennis E. Hayes of Martin, Ade, Birchfield & Johnson, Jacksonville, for amicus curiae American Council of Life Ins., Inc.

ERVIN, Chief Judge.

Appellants, Dade County Consumer Advocate's Office and Walter Dartland, challenge the constitutionality of Sections 626.611(11) and 626.9541(1)(h)1, Florida Statutes (1983),1 which prohibit insurance agents from negotiating with clients as to the amount of their commission, or offering to rebate a portion thereof to the clients, alleging that they violate the due process clause...

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