Nocatee, Florida — Florida Supreme Court justices have agreed to review whether Citizens Property Insurance Corporation, the state-backed carrier of last resort, may require policyholders to participate in out-of-court dispute hearings.
The state high court agreed on Wednesday to take up the matter after Third District appellate judges certified the controversy as an issue of substantial public importance requiring prompt determination. The lawsuit, brought by policyholder Victoria Quintana against Citizens, disputes whether 2023 legislative enactments that mandate alternative dispute resolution procedures for policyholders infringe on constitutional due process protections.
Under the contested framework, claim disagreements are routed to the Division of Administrative Hearings (DOAH), an executive agency whose operational costs for presiding over hearings are funded by Citizens. Policyholders argue this mechanism compromises constitutional protections by denying insured residents access to traditional courtrooms. 11th Circuit Judge Milton Hirsch rejected Citizens' motion to dismiss in April, ruling that the direct financial ties between the bodies undermine the appearance of institutional impartiality.
Judge Hirsch noted in his order that the current arrangement lacks neutral decisionmakers completely detached from state administrative agencies, emphasizing that the hearing venue must appear visibly fair to satisfy constitutional standards.
