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DEPT. OF INS. v. ASS'N OF INS. AGENTS

Nos. 1D01-3497, 1D01-3838.

813 So.2d 981 (2002)

FLORIDA DEPARTMENT OF INSURANCE and Florida Windstorm Underwriting Association, Appellants, v. FLORIDA ASSOCIATION OF INSURANCE AGENTS and Professional Insurance Agents of Florida, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 23, 2002.

Attorney(s) appearing for the Case

Steven H. Parton and Dennis Silverman, Tallahassee, for Appellant Florida Department of Insurance; John Radey, Elizabeth McArthur and David Yon of Katz, Kutter, Haigler, Alderman, Bryant & Yon, P.A., Tallahassee, for Appellant Florida Windstorm Underwriting Association.

Ben H. Wilkinson, Cynthia S. Tunnicliff, Stephen L. Spector and Julius F. Parker, III, of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellees.

WEBSTER, J.

The Florida Department of Insurance (the Department) and the Florida Windstorm Underwriting Association (the Association) seek review of a final order entered by an administrative law judge (ALJ) in a rule challenge proceeding. In that order, the ALJ determined, among other things, that the Association was an "agency" for purposes of chapter 120, Florida Statutes (2001) (the Florida Administrative Procedure Act...

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