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First District Court of Appeal Tosses Out Limit on Public Adjuster Solicitations

First District Court of Appeal Tosses Out Limit on Public Adjuster Solicitations

Florida’s First District Court of Appeal has ruled that a statutory ban on solicitations by public adjusters for 48 hours following losses violates the Florida Constitution.  The Florida legislature enacted a 48-hour solicitation ban in 2008 as part of a series of reforms.  The Florida Department of Financial Services interpreted the statute not to prohibit all forms of solicitation, but instead to allow it to regulate the time, place and manner of solicitations.

A public adjuster challenged the statute, arguing that it unambiguously bans solicitations in violation of the free speech provisions of the Florida Consitution and therefore cannot be construed as a mere limitation in the time, place and manner of solicitations.  The First District Court of Appeal agreed.  The Court found the statute to be clear in its purported prohibition of PA’s solicitations during the 48-hour window and therefore violative of Article I, Section 4 of the Florida Constitution.