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COUNCIL ON COMPENSATION v. FEE

CASE NO. 1D16-5408 & 1D16-5416.

219 So.3d 172 (2017)

NATIONAL COUNCIL ON COMPENSATION INSURANCE, Florida Office of Insurance Regulation, and David Altmaier, in His Official Capacity as Commissioner of the Florida Office of Insurance Regulation, Appellants, v. James F. FEE, Jr., Individually, Appellee.

District Court of Appeal of Florida, First District.

Opinion filed May 9, 2017.

Attorney(s) appearing for the Case

Thomas J. Maida , James A. McKee , Benjamin J. Grossman , and Nicholas R. Paquette of Foley & Lardner LLP, Tallahassee, for Appellant National Council on Compensation Insurance, Inc.; Shaw P. Stiller , Chief Assistant General Counsel, and C. Timothy Gray and Lacy End-Of-Horn , Assistant General Counsels, for Appellants Florida Office of Insurance Regulation and David Altmaier.

John K. Shubin , Salvatore H. Fasulo , Lauren G. Brunswick , and Mark E. Grafton of Shubin & Bass, P.A., Miami, for Appellee.

Andrea Flynn Mogensen of Law Office of Andrea Flynn Mogensen, P.A., Sarasota, for Amicus Curiae The Florida Press Association, The First Amendment Foundation, and The Associated Press, Inc.

Richard A. Sicking of Touby, Chait & Sicking, P.L., Coral Gables, for Amicus Curiae Florida Professional Firefighters, Inc.

The National Council on Compensation Insurance (NCCI) and the Office of Insurance Regulation (OIR) appeal the trial court's order invalidating OIR's approval of a 14.5% increase in workers' compensation insurance rates. For the reasons that follow, we reverse the order in its entirety.

I. Facts

OIR regulates all...

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