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Contractors challenge property insurance reforms passed by Florida lawmakers

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Contractors challenge property insurance reforms passed by Florida lawmakers


TALLAHASSEE — Lower than every week after Florida lawmakers rushed to make property insurance coverage adjustments, a contractors group Tuesday filed a constitutional problem that targets a brand new restriction on legal professional charges in lawsuits towards insurance coverage firms.

The Restoration Affiliation of Florida and Air High quality Assessors LLC, an Orlando agency that does work equivalent to mould testing and leak detection, filed the lawsuit in Leon County circuit courtroom.

It got here after lawmakers final week handed a measure (SB 2-D) to attempt to bolster a troubled property insurance coverage market that has led to owners shedding protection and seeing spiraling premiums. Lawmakers gave last approval to the invoice on Wednesday, and Gov. Ron DeSantis signed it on Thursday.

Florida lawmakers go insurance coverage payments with $10,000 for house upgrades

Insurers have lengthy blamed litigation and legal professional charges for driving up prices. The brand new regulation took a sequence of steps to attempt to tackle these points, however the constitutional problem focuses on a part of the measure that offers with what is named “task of advantages.”

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In task of advantages, owners signal over their insurance coverage claims to contractors, who then search cost from insurance coverage firms — typically spurring lawsuits about claims and funds.

Contractors up to now have been capable of recuperate their legal professional charges from insurers if they’re profitable within the lawsuits, an idea generally known as “prevailing get together charges.” However the brand new regulation stripped contractors of having the ability to recuperate prevailing-party charges when they’re assigned advantages.

Owners can nonetheless recuperate prevailing-party charges in the event that they file lawsuits immediately towards insurers, however the contractors can not. The lawsuit alleges that the change violates equal-protection and due-process rights and denies contractors entry to courts.

“Claims submitted to insurers for work carried out by contractors underneath an AOB (task of profit) are usually not giant in financial quantity,” the lawsuit mentioned. “When the insurer delays, underpays or doesn’t pay a declare in any respect, contractors are pressured to start an motion towards the insurer to recuperate the total quantity due for the work carried out. With out the corresponding proper to recuperate prevailing get together charges, SB 2-D makes it economically unfeasible for the contractor to pursue its lawful rights and treatments in courtroom. Invoices for work carried out by contractors underneath AOBs are usually not vital sufficient for a lawyer to conform to characterize the contractor on a contingency payment foundation and it’s not economically affordable for the contractor to … pay a lawyer on an hourly foundation to recuperate the quantity(s) owed.”

The lawsuit mentioned invoices for work accomplished by Air High quality Assessors and plenty of different members of the affiliation typically complete $2,500 to $3,000.

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“The lack to recuperate prevailing get together attorneys’ charges will successfully shut the courthouse door to plaintiffs as a result of it will likely be cost-prohibitive to pay an legal professional for these kind of small claims,” the lawsuit mentioned.

However William Giant, president of the Florida Justice Reform Institute, a business-backed group that lobbies to scale back litigation, mentioned in a press release after the regulation handed that “property insurance coverage lawsuits have exploded over the past a number of years, overwhelming Florida’s insurance coverage market.”

“Senate Invoice 2-D incorporates vital litigation reforms and will get to the center of escalating charges and restricted protection — lawsuit abuse,” Giant mentioned.

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Task of advantages has lengthy been a contentious problem within the insurance coverage business. The Legislature in 2019 put further restrictions on task of advantages, not less than partially due to a rise in residential water-damage claims.

However contractors contend that task of advantages helps owners who’re unfamiliar with ensuring insurance coverage claims are dealt with correctly.

Florida lawmakers need to repair property insurance coverage. Listed below are the massive points.

“AOBs aren’t new and have been used for a very long time, particularly throughout emergency climate conditions,” the lawsuit mentioned. “In Florida, AOBs are prevalent within the residential property context when owners endure injury to their house and want to rent contractors to restore the problems.”

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The lawsuit, which incorporates looking for a preliminary injunction towards the regulation, names as defendants Melanie Griffin, secretary of the state Division of Enterprise and Skilled Regulation, and Donald Shaw, government director of the Development Trade Licensing Board. The case has been assigned to Leon County Circuit Decide Layne Smith, in response to a web based docket.

By Jim Saunders, Information Service of Florida



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Florida

Western Carolina visits Florida State following Stansberry’s 20-point game

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Western Carolina visits Florida State following Stansberry’s 20-point game


Associated Press

Western Carolina Catamounts (2-2) at Florida State Seminoles (6-1)

Tallahassee, Florida; Tuesday, 7 p.m. EST

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BOTTOM LINE: Western Carolina plays Florida State after Cord Stansberry scored 20 points in Western Carolina’s 82-69 loss to the Wake Forest Demon Deacons.

The Seminoles are 3-1 on their home court. Florida State is 5-1 when it wins the turnover battle and averages 12.4 turnovers per game.

Western Carolina finished 11-8 in SoCon action and 10-6 on the road a season ago. The Catamounts averaged 11.3 assists per game on 28.2 made field goals last season.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

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Florida Gators Put Nation on Notice with Ole Miss Win

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Florida Gators Put Nation on Notice with Ole Miss Win


It’s been a good couple weeks for the Florida Gators.

First, they take down No. 22 LSU, 27-16, with a bend but don’t break approach. Then, they follow that up by upsetting No. 9 Ole Miss, 24-17. With that latter win, heads really began to turn. It was one thing to put up fights against Tennessee and Georgia, but now, they’re beginning to take down these formidable opponents. 

The analysts are starting to talk them up. ESPN’s College Gameday analyst Kirk Herbstreit is ready to hand head coach Billy Napier the award for coach of the year. He made sure to include that he thinks quarterback DJ Lagway is going to be something special. 

“Can a guy with a team that will finish 7-5 win the coach of the year award? He should!!” Herbstreit said in a tweet. “Billy Napier and  [the Florida Gators, after being 4-5 and losing two straight,  have beaten LSU and Ole Miss. So impressive to see this fight from the Gators and their fans after having a tough year. And, oh yeah, DJ Lagway is the REAL DEAL!”

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Big Cat from Barstool Sports jumped on X (formerly Twitter) and said, “The Florida Gators may need a playoff berth.”

Now, that can be written off as two guys getting excited, but key writers are noticing too. Florida received votes in the latest AP Poll. 

Brian Brian Fonesca of the NJ.com/Star-Ledger and Ian Kress of WLNS-TV (a CBS affiliate in Lansing, Michigan) ranked them No. 25. David Paschall of the Chattanooga Times Free Press ranked them No. 24. It’s only four points, but they’re the only five-loss team to receive votes. 

Unofficially, they’re ranked No. 33 in the country. If they had beaten Tennessee or Georgia to have that slightly better 7-4 record, could very well be in the top 25 right now. It’s hard to vote for a 6-5 team, that’s totally fair, but the willingness to do so by a handful of writers is a good starting point. If they win out, including a quality bowl win, to finish 8-5, finishing ranked is realistic.

Those who are signing on now are seeing what could be on the horizon in 2025. This is how they are playing now. This team might have won eight or nine games had this been yearlong. Wait until they play the portal some more this summer to bring in more talent, Napier gets that offensive coordinator and Lagway comes in with nearly a year of play under his belt. 

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The Florida Gators have put the country on notice. They gave Napier the time to rebuild after Dan Mullen’s collapse, and that time is beginning to pay off. 



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Florida shows it can finish with another second-half closeout and a makeshift dunk contest

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Florida shows it can finish with another second-half closeout and a makeshift dunk contest


GAINESVILLE, Fla. — Florida players eager to celebrate their latest victory, the one that made them bowl eligible for the first time in two years, found a suitable prop on the sideline.

Ole Miss left behind its basketball hoop, which the Rebels use to salute big plays during games.

The Gators set it up, grabbed some footballs and held their own dunk contest near the end zone. It provided an apt stage — perfect for showcasing finishing moves — after they closed out another ranked opponent.

Florida (6-5, 4-4 Southeastern Conference) dominated the second half for the second consecutive week and got to party in the Swamp following a 24-17 victory over then-ninth-ranked Mississippi on Saturday.

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Not only did the Gators knock the Rebels (8-3, 4-3) out of the College Football Playoff picture, they won their fourth consecutive home game and raised expectations for coach Billy Napier’s fourth season in Gainesville.

And the manner in which they accomplished it mattered. Napier has been preaching about “finishing,” something that had mostly eluded the Gators in the past two years.

Florida lost four games in 2023 after leading in the second half, including three — against Arkansas, Missouri and Florida State — in the fourth quarter.

Florida quarterback DJ Lagway (2) and teammates Trikweze Bridges (7), Aidan Mizell (11) and Jadan Baugh (13) celebrate their 24-17 win against Mississippi in an NCAA college football game, Saturday, Nov. 23, 2024, in Gainesville, Fla. Credit: AP/Phelan M. Ebenhack

And no one following the program has forgotten how close the Gators were to upsetting Tennessee and Georgia earlier this season, losing 23-17 to the Volunteers in overtime and fading against the Bulldogs after being tied at 20 with five minutes to play.

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Napier hoped all those gut punches would ultimately lead to something better, and they finally did — with late-game knockouts against LSU and Mississippi.

“Eventually you get sick of that,” receiver Chimere Dike said. “To be able to get these last two wins is huge for our team and our program. I’m proud of the resilience the guys showed, the way that we performed.”

Florida held Ole Miss coach Lane Kiffin’s high-scoring offense to three points in the second half. The Rebels turned the ball over twice — interceptions by Bryce Thornton on the final two drives — punted twice and got stuffed on another fourth-down run.

Florida defensive back Bryce Thornton (18) intercepts a pass on...

Florida defensive back Bryce Thornton (18) intercepts a pass on Mississippi’s final drive during the second half of an NCAA college football game, Saturday, Nov. 23, 2024, in Gainesville, Fla. Credit: AP/Phelan M. Ebenhack

“I thought we were better on both sides up front, and short-yardage defense is a big component,” Napier said. “Those are identity plays. I think we had guys step up and make plays.”

Added defensive tackle Cam Jackson said: “Everybody just pinned their ears back. That was great.”

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It was reminiscent of the previous week against then-No. 21 LSU. Florida held the Tigers to six points in the second half and forced a fumble, a punt and a turnover on downs in a 27-16 victory.

“We just all came together and wanted to change how Florida was looked at,” Thornton said. “That’s the biggest thing with us, just trying to show everybody that we can do it.”

The Gators ended the afternoon showing off their basketball moves.

Cornerback Trikweze Bridges, receiver Marcus Burke, defensive end Justus Boone, tight end Tony Livingston and linebacker Shemar James delivered monster dunks. Aidan Mizell passed a football between his leg in midair before his slam, and fellow receiver Elijhah Badger bounced it off the backboard before rousing teammates and fans with his finish.

“Belief is the most powerful thing in the world,” Napier said. “At some point there, midseason, we figured (that) out and we started to believe. Look, we can play with any team in the country.”

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