Legal Question in Administrative Law in Florida

Occupations of Right

I was licensed as a life insurance agent in 1987. In 1997 the state of Florida passed statute law that required agents to get continuing education each year.

I believed that I was grandfathered in so I never bothered to get the CE credits and this year when I wanted to use my insurance again I'm informed that I need 20 hours of class instruction, however before I can get the instruction I get another letter stating I should pay 250.00 fine plus the instruction, and they asked me to sign papers that would hold them harmless. My question is:

If I have a right of occupation how can the government enact a expost-facto law demanding that I submit to this CE credits that are enacted after I'm licensed? I never signed papers agreeing to this.

Where can I find info on Occupation of Right?


Asked on 9/23/00, 7:53 pm

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Occupations of Right

There is no "occupation of right."

An insurance license is a privilege, not a right, and the state can impose reasonble restrictions on its issuance and renewal. Changing the renewal requirements is not an ex post facto law.

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Answered on 1/08/01, 3:50 pm


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