Florida homeowners are being forced into a system where Citizens wins 100% of the time—and there’s no jury to help.
The 2023 Florida legislative session made headlines, but not for the right reasons. A little-noticed provision allowed Citizens Property Insurance Corporation—Florida’s state-run “insurer of last resort”—to mandate arbitration through the Division of Administrative Hearings (DOAH). Now, the first major review of this new system reveals what consumer advocates feared: a rigged process where Citizens has not lost a single case.
What Is DOAH Arbitration—and Why Is It a Problem?
Before 2023, Florida homeowners could take their insurance disputes to court—where they had a right to a jury trial and fair hearing. But Citizens lobbied lawmakers to change that. With the blessing of the Legislature, Citizens can now funnel disputes into DOAH, where state-appointed judges rule on cases involving the state-created insurance company.
The results? In 38 DOAH arbitration cases involving Citizens, Citizens has won every single one. Not one policyholder has received an arbitration award in their favor. In some cases, Citizens was even awarded legal fees from homeowners who simply withdrew their claims.
This isn’t arbitration. It’s elimination.
Why Policyholders Are Losing
At first, Citizens sold DOAH arbitration as a faster, cheaper alternative. But the reality is clear: when government judges are deciding cases brought against a government-backed insurer, the deck is stacked from the start.
- Homeowners have no right to a jury trial.
- Citizens faces no bad faith lawsuits—meaning no accountability for underpaid or denied claims.
- DOAH judges are positioned to favor the state, whether intentionally or subconsciously.
Policyholder attorneys and advocacy groups warned lawmakers that this shift would strip Floridians of fundamental legal protections, but the bill passed anyway.
Citizens’ Track Record on Claims
Citizens has long been accused of aggressive claims handling practices—often denying, delaying, or underpaying legitimate damage claims. This new arbitration option has now become another tool to avoid accountability.
By routing disputes to DOAH:
- Citizens avoids jury oversight.
- Policyholders face a process with no precedent of success.
- The risk of legal fees discourages homeowners from pursuing valid claims.
The Call for Reform
Attorneys and policyholder advocates are calling on the Florida Legislature to repeal this 2023 law and restore homeowners’ rights to take Citizens to court. As the statistics show, DOAH arbitration is not a fair process—it’s a one-sided trap.
At Boltz Legal, we believe policyholders deserve more than a rubber stamp process. They deserve real legal options, real accountability, and real justice.
If your Citizens Property Insurance claim has been denied, delayed, or diverted into DOAH arbitration, speak to an attorney immediately. You still have options—but time is critical.
What You Should Do Now
- Do not sign arbitration agreements without legal review.
- Gather and preserve all communication with your insurer.
- Request a second opinion on your damage estimate.
- Contact a property insurance attorney to explore your rights outside of arbitration.
Today’s Insight
“Every time we turn our heads the other way when we see the law flouted… we strike a blow against freedom and decency and justice.”