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FSLSO News Release :: 11/04/2003b

Below is an electronic version of the "Joint Agreement Between the Parties" that accompanied the "Motion for Relief From Judgement" filed on 10/30/2003.

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

JOINT AGREEMENT BETWEEN THE PARTIES

Whereas the Parties wish to avoid the expense, uncertainty and delay inherent in the appellate process;

Whereas the Defendant agrees that it will not file an appeal of the judgment in this case;

Whereas the Defendant believes that the Judgment in this case, issued September 30, 2003, with regard to the licensing of nonresidents as surplus lines insurance agents in Florida, cannot be properly implemented under current provisions of the Florida Insurance Code;

Whereas the Defendant, in order to properly implement the judgment intends to seek the adoption of appropriate legislation during the 2004 Regular Session of the Florida Legislature that convenes for a 60 day period beginning on March 2, 2004;

Whereas the Defendant will, on this day, file a Motion for Relief from Judgment and a proposed Order providing that the effective date of the portion of the Order for the Judgment in this case that enjoins the Defendant from denying surplus lines insurance agent licenses to persons who are not residents of Florida, pursuant to Section 626.927, Florida Statutes, shall not take effect until July 1. 2004;

Whereas the Parties agree that they will cooperate in pursuit of appropriate legislation that will also comply with the Judgment; and

Whereas the Defendant agrees to facilitate discourse with the Plaintiff to adopt appropriate legislation,

NOW, THEREFORE, the Parties agree that the Defendant's Motion for Relief from Judgment is a timely and reasonable request that in the interests of justice should be granted by the Court.

Signed on this 30th day of October, 2003.

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