Opinion
CASE NO: 8:11-cv-1358-T-33TBM.
August 2, 2011
ORDER
This cause comes before the Court pursuant to Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. # 4). Plaintiff has failed to file a response thereto. For the reasons that follow, the Court finds that the motion is due to be granted.
The Court entered an Order to Show Cause directing Plaintiff to show cause why this motion should not be considered without his response (Doc. # 5). Plaintiff was advised that failure to respond to the Order to Show Cause would result in the Court considering the motion to be unopposed. Plaintiff did not respond to the Court's Order to Show Cause, and the Court considers the motion unopposed.
Count II of Plaintiff's Complaint is titled "Valued Policy Law" and is predicated on Florida Statute § 627.702. Defendant argues that Florida Statute § 627.702 does not provide for an independent cause of action. This Court agrees. Absent an expression of legislative intent to create a private right of action to enforce regulatory statutes, a private right of action to do so is not implied. See, e.g.,United Auto. Ins. Co. v. A 1st Choice Healthcare Sys., 21 So.3d 124, 128-29 (Fla. 3d DCA 2009). There is no such expression of legislative intent in § 627.702. As such, Count II is due to be dismissed.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. # 4) is GRANTED. Count II is dismissed.
DONE and ORDERED in Chambers in Tampa, Florida.