Nat'l Council on Comp. Ins. v. Fee

4 Citing cases

  1. Jackson v. City of South Bay

    358 So. 3d 18 (Fla. Dist. Ct. App. 2023)   Cited 2 times

    A trial court's factual findings involving an alleged Public Records Act violation are reviewed for competent substantial evidence, while its interpretation of the law is reviewed de novo. Nat'l Council on Comp. Ins. v. Fee, 219 So.3d 172, 177 (Fla. 1st DCA 2017); see also Sarasota Citizens for Responsible Gov't v. City of Sarasota, 48 So.3d 755, 761 (Fla. 2010). "Whether a governmental entity acted in `good faith' in the manner in which it responded to a request for disclosure of public records is necessarily a question for the court to decide based on the circumstances of a case."

  2. Patel v. Specialized Loan Servicing, LLC

    904 F.3d 1314 (11th Cir. 2018)   Cited 88 times
    Finding that plaintiffs were challenging the insurance rates where they alleged that the rates were "artificially inflated"

    ), or, under certain circumstances, to direct the insurer to correct the noncompliance, including by adjusting the premium, id. § 627.371(2). Furthermore, whenever an insurer wishes to change a rate, it must notify the OIR within 30 days after the effective date of the change, id. § 627.062(2)(a), after which the office reviews the rate to ensure that it is not "excessive, inadequate, or unfairly discriminatory[,]" Nat’l Council on Comp. Ins. v. Fee , 219 So.3d 172, 174 (Fla. Dist. Ct. App. 2017) (quoting Fla. Stat. § 627.062(3)(b) ). Finally, as with Alabama’s utility rate-making regime, in Florida, upon written complaint and after petitioning the insurer, "[a ]ny person aggrieved by any rate charged, rating plan, [or] rating system ... followed or adopted by an insurer" may request OIR review.

  3. Holifield v. Big Bend Cares, Inc.

    326 So. 3d 739 (Fla. Dist. Ct. App. 2021)

    This Court has recognized that "[b]y its express terms, the Sunshine Law applies exclusively to governmental bodies and not to private entities." Nat'l Council on Comp. Ins. v. Fee , 219 So. 3d 172, 177 (Fla. 1st DCA 2017). However, the Sunshine Law can apply if a public entity has delegated "the performance of its public purpose to a [private entity]."

  4. Holifield v. Big Bend Cares, Inc.

    No. 1D19-3389 (Fla. Dist. Ct. App. Aug. 9, 2021)

    This Court has recognized that "[b]y its express terms, the Sunshine Law applies exclusively to governmental bodies and not to private entities." Nat'l Council on Comp. Ins. v. Fee, 219 So.3d 172, 177 (Fla. 1st DCA 2017). However, the Sunshine Law can apply if a public entity has delegated "the performance of its public purpose to a [private entity]."