The Florida Department of Services has issued Emergency Order 2024-01 resulting from Hurricane Debby’s landfall. With respect to public adjuster contracts, the Emergency Order provides that notwithstanding Section 626.854(7), a public adjuster contract based on a Hurricane Debby loss may be cancelled without penalty or obligation within 30 days of after the date of loss […]
Following Hurricane Debby, Florida Chief Financial Officer (CFO) Jimmy Patronis warned consumers about contractors using agreements designed to circumvent Florida’s prohibition against assignment of benefits (AOBs). In recent years, contractors’ widespread use of AOBs contributed to elevated losses, loss adjustment expenses and litigation in the Florida property insurance market. The Florida legislature included a prohibition […]
The Florida Office of Insurance Regulation (OIR) has adopted emergency rule 69OER24-1 implementing a law passed at the end of the 2024 session providing premium discounts for residential policyholders. Under the new law, policyholders will receive discounts in amounts equal to the state premium tax and fire marshal assessments. Insurers will recover the discount amounts […]
Florida Governor Ron DeSantis applauded the United States Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo, which overturned four decades of precedent known as the Chevron doctrine. As summarized in this firm’s July 1 post, the Chevron doctrine essentially meant that unless a congressional act was clear, courts were required to defer to […]
On June 28, the United States Supreme Court overturned the longstanding Chevron doctrine, creating a new era in federal administrative law. The Supreme Court in Loper Bright Enterprises v. Raimondo determined that the federal Administrative Procedure Act requires courts to exercise independent judgment in reviewing whether an agency acted within its statutory authority in its […]
Governor Ron DeSantis has vetoed House Bill 473 (HB 473) related to cybersecurity liability protection as passed by the Florida legislature in the 2024 regular legislative session. The bill would have provided that a county, municipality or other political subdivision substantially complying with standards and protocols under current law is not liable in connection with […]
Two new rules have recently been published that may lead to big changes in the workforce. Non-compete agreements may soon be prohibited for most workers, and workers may be receiving substantial bumps in pay to maintain their exempt from overtime status. Employment Update – June, 2024
As the new year begins, the Florida Office of Insurance Regulation (OIR) recently took the opportunity to recap notable changes in 2023. The new year marks almost one full year in office for Commissioner Mike Yaworsky, who was nominated for the position in February 2023 and formally appointed in March. Commissioner Yaworsky recapped the year […]
Almost a year ago, the Florida legislature passed significant reforms aimed at mitigating concerns in Florida’s residential property insurance market. At the time, the market was characterized by numerous insurer insolvencies, reduced appetites among admitted market insurers, rising rates and increasing reinsurance costs. At the time, policymakers urged patience because it would take months and […]
The Florida legislature will convene this week in a brief special session addressing a limited number of topics. Among these, the legislature is expected to provide additional relief for areas affected by Hurricane Idalia and increase funding for the My Safe Florida Home program. Hurricane Idalia had a substantial impact on some of Florida’s rural […]