There are two active lawsuits with very good attorneys representing public adjusters who are challenging the 48 hour solicitation ban and the fee caps. The first one was filed in Miami-Dade County, as I reported in Florida Public Adjusters File Lawsuit to Overturn 48 Hour Solicitation Ban and Fee Caps. The second lawsuit challenging only the solicitation ban was filed in Leon County, as I reported in Second Public Adjuster Constitutional Solicitation Ban Challenge Filed. The later filed lawsuit seems to be moving along quicker; the first lawsuit has been delayed by a fight about venue.
In Public Adjuster Lawsuit Challenging State’s Cap on Fees and Solicitation Ban Survives Venue Change, I noted that the trial court in Dade County ruled that the matter could proceed there. Unfortunately for those public adjusters, Alex Sink appealed that ruling. By the time those appellate issues are finally resolved, the second lawsuit may be over.
These are important cases raising important constitutional questions. We will keep abreast of the developments in both.
