Do provisions in Florida’s new insurance reform law violate a contractor’s First Amendment Rights? A Federal judge’s ruling opens the door.

Florida’s new and controversial insurance-reform laws went into effect July 1, and a portion of them are already under scrutiny by the federal courts. 

Over the weekend, a federal judge in Florida ordered a halt on all enforcement of part of the new law pertaining to what contractors can and cannot say to prospective clients. At issue is whether or not a law prohibiting roofers from making any comments to homeowners or facility managers about making insurance claims violates their First Amendment right to free speech. 

“This doesn’t come as a surprise to me because the law is very broad,” said Trent Cotney, CEO of Cotney Attorneys & Consultants, in his latest Legal Insights video with WC. “But what’s interesting here is that this business issue will be decided on the constitutionality of how lawmakers drafted it.”

Cotney also discussed a possible change in how the federal government views non-compete clauses, and an uptick in company consolidations in the construction space.