NOTICE IS HEREBY GIVEN THAT the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Mr. Clyde Lightbourn on August 13, 2008. The following is a summary of the agency's disposition of the petition:
The petition seeks the agency’s opinion as to the applicability of paragraph 69B-220.201(5)(b), F.A.C., as it applies to the Petitioner. The Declaratory Statement concludes the above-referenced rule provision does apply to the facts presented in the Petition, as the rule was promulgated prior to the execution of the fee agreement. Thus, the rule provision would not be deemed to have an impermissible retroactive application to this specific fact situation.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Mechele R. McBride, Assistant General Counsel, Division of Legal Services, Department of Financial Services, 200 E. Gaines Street, Tallahassee, FL 32399-0333.