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STATE, DEPT. OF INS. v. KEYS TITLE

No. 98-2368.

741 So.2d 599 (1999)

STATE of Florida, DEPARTMENT OF INSURANCE, Appellant, v. KEYS TITLE AND ABSTRACT CO., INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 7, 1999.

Attorney(s) appearing for the Case

Michael H. Davidson, Fla. Dept. of Insurance, Tallahassee, for Appellant.

Alfred L. Frith of Bogin, Munns & Munns, Orlando, for Appellee.

Mark A. Brown, Robert Pass and Adam S. Tannenbaum of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for Amicus Curiae Attorney's Title Insurance Fund, Inc.

PADOVANO, J.

This is an appeal from a final judgment declaring a state statute unconstitutional on its face. The trial court held that section 627.782(8), Florida Statutes violates the right to equal protection of the law because it imposes a burden on non-lawyer title insurance agents that is not also imposed on lawyers who sell title insurance. We conclude the legislature had a rational basis to limit the application of section 627.782(8) to non-lawyer title insurance...

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