[Chellybean]

Roof claims are going to be harder if this passes DOAA

Already exist for citizen insurers


11/19/25 8:24 AM

To the Honorable Randall Scott "Randy" Maggard ;

Good morning,

I write this email on behalf of all homeowners in Florida after reviewing the proposed HB 459. I represent homeowners every day and see the damage the Florida legislature has done over the past few years. While changes were necessary, the wrong changes have been made which in no way have benefited policy holders. The Florida legislature continues to blame everyone but insurance companies for rising premiums and somehow promote that premiums are going down due to the legislative changes. I have yet to meet a policy holder who has obtained a reduced premium. Since December 16, 2022, when the legislature amended 627.70152 and 627.428 taking away their right to attorney fees when an insured was forced to sue their insurer, all the legislature did was provide insurers power and leverage. The legislature fails to understand that its actions have rendered it impossible to make a policy holder whole when that is what an insurance policy is supposed to accomplish. If you need $20,000 in repairs that are covered, you should get $20,000 from your insurer. That is an impossibility if the insurer continues to deny what the insured believes is rightfully owed. The only option an insured has if there is a disagreement is to hire an attorney, or a public adjuster or the like and give up a percentage of their claim. Once a case goes into suit, insurance companies continue to take advantage of your legislative changes. Taking the example of a $20,000.00 claim, you continue to allow insurers to utilize a proposal for settlement under 768.69. 99% of the proposal I receive are for $500.00 regardless of the facts, damages or dispute at issue. Insurers use this statute because they know an insured has to be informed that if they go to trial and lose, they will owe the insurance company six figures in attorney fees in costs (over a $20,000 claim) by the time the case is over. Lose and end up bankrupt or take a walk away. By allowing insurers to use a proposal for settlement, the legislature has placed homeowners in a position to compete financially with a billion-dollar entity. The legislature has made insurance essentially useless with a "trust your insurer" mentality. I invite you to spend one day in my office or I will gladly visit your office to show you every reason insurance companies fail to act in good faith on a daily basis. I have to turn away clients with small claims knowing that an insurance carrier is going to use its financial position to drag out a lawsuit over the course of two years which even if the insured is successful, would result in no insurance proceeds to pay for representation and legal costs that would exceed an award. You and the legislature have and continue to take away every fair opportunity to policy holders to have a dispute with their carrier and end up with an opportunity to be whole and fix their homes.

Now, HB 459 continues with the trend of taking away policy holders rights by enforcing DOAA into every insurance policy which I presume will gladly be accepted by insurers. DOAA respectfully is not a fair attempt to resolve insurance disputes. At least one Florida judge has already temporarily halted DOAA in Hillsborough County when Judge Melissa Polo placed an stay on the program because the program raises serious questions about violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment let alone the biased nature of the decisions these administrative justices are making. A simple review of the recent decisions tab available puts insurer favored awards well over 90% where a case advanced to a final hearing which is stark contrast in comparison to jury trials. What your proposed bill does takes away due process, discovery and a fair opportunity to redress injuries unless a policy holder reviews your proposed DFS pamphlet and insurer notifications about the program and understands the legal significance and consequences to move forward with the availably of the program. Your proposed bill removed experts with actual knowledge and experience in the field of adjusting, estimating losses, construction and returning a home to its pre-loss condition by replacing those experts with a single administrative judge who are paid by insurers and have unquestionably shown biased positions in favor of insurers. Despite the completely biased nature of DOAA and unfairness to your constituents, you are seeking to expand this horrible program. I will not represent a policy holder where DOAA has been invoked. It unquestionably has resulted in a loss to the insured regardless of the facts presented. These judges ignore Florida law and routinely grant attorney fees and costs to the prevailing insurer when it was not afforded knowing there is no recourse and failed to provide the same fairness to a prevailing insured. Again, putting a homeowner in debt because they disagree with their insurance company. My clients which include your constituents have had to take losses to avoid DOAA because the only legal advice I can provide is the unfairness of the program and the liability that comes with a potential unfavorable ruling. This bill only benefits insurers and continues to strip policy holders of a fair opportunity to disagree with their insurer and contest the claim decision with qualified representation. I invite you to explain how you believe this benefits policy holders because it appears you believe a speedy resolution of a claim under this horrible program is a benefit yet forget that a speedy resolution that consistently fails to allow a policy holder to repair their damaged property is not a benefit.

[Velvet]

I read this twice and still not quite sure, any chance of retelling in a couple of sentences?

[JohnN]

Originally Posted by Velvet

I read this twice and still not quite sure, any chance of retelling in a couple of sentences?

ditto

[ElDiabloJoe]

Tldr

[Chellybean]

Research DOAH on google it says it all. HB 459 is what Legislation is trying to pass across the board for insurance company's, unfair to policy holders READ IT
Basically the the policy holder has no chance of winning a lawsuit against a insurance company especially Citizens right now.
If this passes legislation your home owners insurance policy is useless to collect on if it goes into litigation.

DOAH Citizens insurance judges fundes by insure they rule on, court records show

House Bill 459 (2026) - The Florida Senate

https://www.youtube.com/watch?v=kjK3fbzELBc

Home Page - DOAH - Florida

'''CHAOS''': Judges clash over Citizens Insurance arbitration process

Very sad , thank God a judge put a stay to this action but leaves everyone in limbo that has a claim and damage to there home.
I hope this helps people to understand what is going on.

What people need to realize is HB459 goes through it will effect all policy holders for all insurance carriers

[Topspinmo]

IMO Insurance also scam, so scam in and scam out. Why laws has to be 200 pages for simple law, so it can be argued in court till hail freezes over all while lawyers cashing in.

[Chellybean]

Originally Posted by Topspinmo

IMO Insurance also scam, so scam in and scam out. Why laws has to be 200 pages for simple law, so it can be argued in court till hail freezes over all while lawyers cashing in.

True! But DOAH is going to make it impossible for a policy holder to litigate a claim, the insurance companies are running our government PERIOD!