Florida Judge Tosses Contractors’ Challenge to New Insurance Law (News4Jax)

Florida Judge Tosses Contractors’ Challenge to New Insurance Law

  Wednesday, August 31st, 2022 Source: News4Jax

A Leon County circuit judge has rejected a challenge by contractors to part of a new property-insurance law that restricted attorney fees in insurance disputes.

Judge J. Lee Marsh issued an order Monday dismissing a constitutional challenge filed in May by the Restoration Association of Florida and Air Quality Assessors, LLC, an Orlando firm that does work such as mold testing and leak detection.

The challenge targeted part of a law passed during a May special legislative session that Gov. Ron DeSantis called to address massive problems in Florida’s property-insurance market.

The lawsuit named as defendants Melanie Griffin, secretary of the Florida Department of Business and Professional Regulation, and Donald Shaw, executive director of the state Construction Industry Licensing Board, because they have disciplinary and regulatory authority over contractors.

Marsh’s order did not directly address the constitutionality of the law but dismissed the case because he said Griffin and Shaw were not ‘proper defendants,’ in part because they were not in charge of enforcing the law.

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