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Home / Insurance / Contractors and Roofers Can Advertise! Part of SB 76 Already found unconstitutional | Legal insurance blog for property insurance

Contractors and Roofers Can Advertise! Part of SB 76 Already found unconstitutional | Legal insurance blog for property insurance



It did not take long before some of the latest legislation against policyholders was declared illegal. Last Friday, U.S. District Judge Mark Walker heard arguments in a lawsuit filed by Gale Force Roofing and Restoration, LLC, which claims that the part of SB 76 that prevents contractors from advertising to encourage property owners to claim roof damage violates freedom of speech. Judge Walker ruled in favor of Gale Force Roofing and issued an injunction preventing Florida officials from enforcing part of the bill.

Gale Force Roofing & Restoration, LLC sued Julie I. Brown, in her official capacity as Secretary of the Florida Department of Corporate and Professional Regulation. Judge Walker of the Northern District of Florida framed the controversy:

The question in this case is whether the new law's ban on written or electronic communication that encourages, induces or instructs anyone to contact an entrepreneur or a public adjuster in order to file an insurance claim for roof damage violates the first change. The plaintiff claims that the law violates the first amendment in its face.

The Court granted the reference for a preliminary ruling and ordered DBPR to execute 489,1

47 Fla. He ordered that DBPR not take any action to enforce Florida Statutes §§ 489,147, (2) (a), (3) and 4 (b) because they relate to "prohibited advertisements" until otherwise ordered. The provisional injunction "binds the defendant and her officials, agents, employees, employees and attorneys – and others in active concert or participation with any of them – who actually receive notice of this injunction through personal service or otherwise." The injunction enters into force immediately.

Tuesday at 2 with Chip Merlin will not take place today. Instead, we have a webinar with Holly Soffer that is only an invitation, which is an expert on public alignment licensing where we will discuss the effects of the new Florida legislation. You can bet that this new case will come up in the webinar.

Thought for the day

Without freedom of thought, there can be no such thing as wisdom – and no such thing as general freedom without freedom of speech.
—Benjamin Franklin


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