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KAHN v. STATE

No. 1D03-5062.

881 So.2d 699 (2004)

David S. KAHN, Appellant, v. STATE of Florida, OFFICE OF INSURANCE REGULATION, Appellee.

District Court of Appeal of Florida, First District.

September 8, 2004.

Attorney(s) appearing for the Case

D. Stephen Kahn, Tallahassee, for Appellant.

S. Marc Herskovitz, Division of Legal Services, Office of Insurance Regulation, Tallahassee, for Appellee.

PER CURIAM.

Appellant, David S. Kahn, appeals an order of the Office of Insurance Regulation ("OIR") dismissing his petition for declaratory statement because OIR does not have substantive jurisdiction and the petition seeks approval or disapproval of conduct that already occurred. Because the appellant's petition essentially challenges the correctness of OIR's approved rate increase to his single-life, small group HMO plan, we agree with OIR that the petition for...

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