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The 2020 Legislative Session Important Call to Action

Consumer Protection Bill Contains Policyholder Poison Pill

Courtesy of FAPIA
Representative Charles Clemons has added language to the HB 1137 “Consumer Protection” bill that is not only unfair to the professionals in our industry, it eliminates a policyholder’s choice about who can represent them.

The proposed unconstitutional language would automatically and arbitrarily cancel any public adjuster contract with a policyholder after 50 days unless an estimate has been submitted (see line 213)

This cancellation would happen even if the policyholder does not wish to cancel the contract. The public adjusting community must speak out and contact relevant legislators to help stop this.

The next committee that will hear this bill is the Senate Rules Committee and that committee’s chair is Senator Lizbeth Benaquisto. Senator Benaquisto is likely unaware of this unconstitutional language at this time.

We are asking that every public adjuster pick up the phone, right now, and call Senator Benaquisto’s office and the office of every member of the Senate Rules Committee (see contact info below) to respectfully request that the unconstitutional language be removed because of the following:

• HB 1137 has language that removes policyholder choice when they need claim assistance.
• It is not the role of the government to arbitrarily void contracts.
• The language is unconstitutional and unfair to policyholders and the professionals who represent them.
• Adding this language appears to be government overreach and an attempt to silence policyholder advocacy in Florida rather than a genuine attempt to protect consumers.

No industry can agree to the dangerous precedent of the government arbitrarily canceling valid contracts. FAPIA is fighting against this dangerous precedent.

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