A Leon County circuit judge has ordered the Florida Division of Administrative Hearings (DOAH) to resume processing more than 400 pending Citizens Property Insurance arbitration cases, ending a pause that began after a Hillsborough County judge issued a preliminary injunction in August.
In an order issued Friday, Judge Lynn Anne Brauer granted Citizens’ petition for a writ of mandamus and directed DOAH to restart arbitration proceedings authorized under state law. The directive applies to all pending Citizens arbitration cases except the matter involved in Alvarez v. Citizens, the Hillsborough County case in which the injunction was entered.
Citizens reported that more than 400 arbitration cases were on hold after DOAH suspended its proceedings in response to the Alvarez order. In a statement, the insurer noted that trial courts throughout the state have continued to refer cases to DOAH, citing established precedent that trial court rulings are not binding on other circuit courts.
“DOAH’s legality has been presented to numerous state court judges throughout Florida – both before and after the preliminary injunction was entered. No other judge has adopted the Hillsborough County Circuit judge’s critical view of the DOAH process,” the insurer of last resort said. “In fact, many judges have ordered Citizens cases to go to DOAH despite the Hillsborough injunction, citing the well-established legal precedent that one trial court judge is not bound by the decision of another.”
Brauer’s order states that Citizens has statutory authority to resolve certain property insurance disputes through DOAH and that the agency has a non-discretionary duty to conduct those proceedings. The Legislature authorized Citizens to use DOAH in 2023.
According to Citizens, its arbitration process typically concludes in approximately 90 days, compared with longer timelines associated with circuit court litigation. The insurer stated that earlier resolution of disputes can reduce related costs for both parties. DOAH is expected to resume handling the backlog of cases as directed.
The court indicated it will schedule a case management conference to address the remaining issues in the Leon County case.
