NOTICE IS HEREBY GIVEN that the Florida Department of Financial Services has received the petition for declaratory statement from the Bogen Law Group and Mark Bogen on June 2, 2011. The petition seeks the agency's opinion as to the applicability of Section 626.9541(1)(h), F.S., as it applies to the petitioner.
The petition seeks the Department’s opinion as to whether or not an attorney at law licensed in the state of Florida may lawfully enter into a referral agreement with a Florida licensed resident insurance agent wherein the attorney will be paid an annual flat fee by the insurance agent for any and all legal clients referred to the agent for the potential purchase of insurance policies. Petitioner represents in the petition that the amount of the referral agreement will not be dependant in any sense on whether or not the referred legal client actually purchases insurance from the agent. Petitioner asks the Department to agree that such a referral agreement will not constitute an unlawful rebate or unlawful inducement under Section 626.9541(1)(h), Florida Statutes.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Heather Lewis at (850)413-4256 or email: heather.lewis@myfloridacfo.com.