Judge Blocks Key Portion of Florida Property Insurance Law (South Florida Sun Sentinel)

Judge Blocks Key Portion of Florida Property Insurance Law

  Wednesday, July 14th, 2021 Source: South Florida Sun Sentinel

A federal judge has blocked the state from enforcing a key part of a new property-insurance law designed to combat fraud that prohibits roofing contractors advertising to potential customers.

Chief U.S. District Judge Mark Walker supported the call for a preliminary injunction from Brandon-based Gale Force Roofing & Restoration LLC, which argued the law signed by Gov. Ron DeSantis on June 11 violates First Amendment rights by directly penalizing protected speech.

‘It is also clear that the threatened injuries to plaintiff from banning plaintiff’s truthful commercial speech outweighs the state’s interest in preventing fraud, protecting consumers from exploitation, and stabilizing the insurance market,’ Walker wrote in a ruling issued Sunday.

Lawmakers passed the insurance measure on April 30 amid spiraling property-insurance rates and insurers dropping policies in Florida.

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