What Is DOAH?
The Florida Division of Administrative Hearings (DOAH) is the state agency charged with presiding over administrative law matters, employing administrative law judges to adjudicate disputes between state agencies and affected parties. DOAH handles everything from agency rule challenges to insurance claim disputes.
Citizens Property Insurance’s DOAH Endorsement
In 2022, Citizens Property Insurance Corporation—Florida’s quasi-state insurer of last resort—approved a policy endorsement enabling either the insured or Citizens to redirect disputes to DOAH instead of pursuing a lawsuit in Florida courts.
While DOAH claims to function as an impartial forum for resolving disputes between private citizens and governmental entities, since its implementation, it has become clear that the system lacks fairness and transparency. DOAH outcomes heavily favor Citizens. A search of the DOAH Orders can be made on the DOAH website. Case Search – DOAH – Florida
The Alvarez Case in Hillsborough County
In Alvarez v. Citizens Property Insurance Corp. (25 CA 006626), the plaintiff—Martin A. Alvarez, a Tampa homeowner whose property sustained damage in October 2024—filed suit on July 11, 2025, challenging the mandatory DOAH arbitration endorsement and seeking a temporary injunction.
On July 30, 2025, Circuit Judge Melissa Mary Polo issued a temporary injunction halting Citizens from directing claim disputes to DOAH—not only in Alvarez’s case but statewide, pausing existing and future DOAH proceedings. Judge Polo ruled that Alvarez showed a substantial likelihood of success on constitutional claims, including violations of due process, equal protection, and the right of access to courts. Judge Polo also ruled that the DOAH forum is structurally biased and deprives policyholders of neutral discovery, motion practice, and judicial review.
Almost immediately after Judge Polo’s ruling, Citizens appealed to the Second District Court of Appeal, triggering an automatic stay that halted enforcement of the injunction and allowed DOAH proceedings to resume. Immediately thereafter, Alvarez filed a Motion to Strike Defendant’s Notice of Appeal or, in the Alternative, Motion to Vacate Automatic Stay.
After a hearing on August 19, 2025, Judge Polo refused to lift the injunction and ruled that maintaining the stay could deprive policyholders of their constitutional protections. Judge Polo also noted that DOAH repeatedly awards fees and/or costs to Defendant, while denying the same relief to the insureds. Citizens then filed an emergency motion with the Second District Court of Appeals to reimpose their automatic stay, claiming Citizens will be “irreparably harmed” if prevented from using the DOAH forced arbitration process. At this time, the matter is ongoing, and we await the Second District Court of Appeals’ ruling.