NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Bogen Law Group, P.A., and Mark Bogen on June 02, 2011. The following is a summary of the agency's disposition of the petition:
The agency has determined that Section 626.9541(1)(h), Florida Statutes when read in pari materia with Sections 626.753 and 626.112(8), Florida Statutes, does not prohibit Bogen from receiving the proposed referral fee, and would not prohibit Michelson from paying the referral fee, provided the payment is not intended as an inducement and is not contingent upon the purchase of an insurance policy. Because the Petition does not indicate how the “legal plan” referenced in Paragraph 5 (e) of the Petition is exempt from regulation pursuant to Section 642.017(1), Florida Statutes, as asserted, and because the “specified legal services” offered thereunder are not sufficiently described as to nature, content, terms, or conditions, no opinion can be offered as to the propriety of that plan or the methods through which it may be offered to customers of the Agent, or to others. The declaratory statement does not and cannot state whether the proposed contractual agreement is permitted by the Rules Regulating the Florida Bar.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Michael Davidson, Assistant General Counsel, Department of Financial Services, Division of Legal Services, 200 East Gaines Street, Tallahassee, Florida 32399-0333.