Appeals court asked to allow arbitration of Citizens claims disputes to resume
TALLAHASSEE — In an unusual move, the Florida Division of Administrative Hearings on Monday asked an appeals court to allow it to resume deciding Citizens Property Insurance Corp. claims disputes after a Hillsborough County circuit judge halted the process.
Lawyers for the Division of Administrative Hearings filed an emergency petition at the 2nd District Court of Appeal, arguing that Circuit Judge Melissa M. Polo overstepped her authority when she issued a temporary injunction. Polo ruled Aug. 1 that the process, which involves arbitrating disputes at the Division of Administrative Hearings, is likely unconstitutional.
Monday’s petition said Polo’s ruling has “indefinitely” put on hold all pending Citizens arbitration cases. It said 390 Citizens policyholders are awaiting resolution of disputes.
“The order thus completely shuts down the claims dispute resolution procedure authorized by the Florida Legislature, irreparably harming DOAH (the Division of Administrative Hearings), Citizens and the thousands of policyholders whose current and future claims will be in limbo unless the circuit court’s order is stayed,” said the petition filed by lawyers from the Lawson Huck Gonzalez, PLLC, law firm, including former Florida Supreme Court Justice Alan Lawson.