Legislation allowing the countless Floridians fed up with unwanted political text messages to sue the senders isn’t quite ready for prime time, according to its sponsor.

St. Augustine Republican Sen. Tom Leek yanked the measure (SB 588) from consideration by the Senate Ethics and Elections Committee this week.

His reason: It’s too broad.

As it’s currently written, SB 588 and its identical House twin (HB 1271) by Clearwater Republican Rep. Kim Berfield would enable people to opt out of political texts and phone calls from any person, candidate or organization. The sender would then have to immediately cease such communications.

If the sender fails to do so, the recipient would be able to sue for injunctive relief to force the sender to stop — and be compensated for any attorneys fees and costs associated with the complaint.

“As well-intentioned as this bill is,” Leek said, “I will tell you that it might be too broad at the moment, and so with your permission I’m going to meet with the stakeholders and see if there’s a way that we can narrow the scope of this.”

Leek said that he hopes to amend his measure to allow political entities to still conduct polling while keeping “the heart of the prohibition in place.”

His description of the bill is a common lament among Florida voters with smartphones: “You know how during campaign season we get those text messages, political text messages, and phone calls, and no matter how many times we reply ‘stop’ in however many words we want to use to say ‘stop,’ they just don’t stop?”

Yes. Yes, a thousand times.

SB 588, once changed, would have to clear the Ethics and Elections Committee before it advances to the Judiciary Committee, Rules Committee and then the Senate floor. Pensacola Republican Sen. Don Gaetz, who chairs the Ethics panel, will likely bring the measure up for consideration again once Leek amends it; Gaetz is a co-sponsor of the bill.

HB 1271, which Berfield filed Feb. 26, still awaits committee references.

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House candidate Shon Owens wants to serve in the Florida Legislature. But he and his wife claim a homestead exemption in Georgia, and he never applied for one on the Jay home he owned since 2007.

Owens told Florida Politics he believed he did have an exemption in his Highway 4 home, but acknowledged that his wife for years claimed one on a Jackson County property listed in both of their names.

“My wife claims that, separate from me,” he said. “I claim a homestead here, she claims the Georgia address, and we have kids in college in Georgia.”

Jackson County records show Owens and Jina Cadena Jones as the owners of the Georgia property, but list a Jay address as the owners’ home address. Nevertheless, the county property records in Georgia show a homestead exemption on the Jackson County property.

Georgia law requires a home to be occupied and considered a legal residence in order for the property to be eligible for a homestead exemption. A state website also clearly states that to be eligible, an individual “cannot already claim a homestead exemption for another property in Georgia or in any other state.”

Owens said it was his wife who claimed the Georgia exemption, not him. He also said Jones had a Georgia driver’s license and grew up in Georgia. Both Owens and Jones have adult children from previous relationships, all of whom live in Georgia.

But there may be a reason not to worry about the Georgia requirements on exemptions. Owens does not have, and has never sought, a homestead exemption on his Jay home. According to the Santa Rosa Property Appraiser’s Office, he has owned the home on Highway 4 since 2007 but has never applied for an exemption.

Owens notably owns several properties in Santa Rosa County, most of which are owned by corporations in his control. But none of the properties have a homestead exemption.

Yet Owens served at the Jay City Council for 15 years, including seven as Mayor.

“All of my businesses are here,” he said. “This is where I work out of every week. I spend 90% of my time here in Florida.”

Owens, head of Owens Custom Homes & Construction, is one of eight Republicans qualified as candidates for a Special Election in House District 3. The seat opened after former Rep. Joel Rudman, a Navarre Republican, resigned to run for Congress, though he lost a Republican Primary in January to Chief Financial Officer Jimmy Patronis.

The Republican Primary in HD 3 will be held on April 1. The winner advances to a June 20 Special General Election.

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For years, Florida’s insurance market faced a crisis, with skyrocketing premiums and insurer insolvencies leaving homeowners with few options. Thanks to landmark reforms championed by Gov. Ron DeSantis and the Legislature, the tide is finally turning. These strategic policy changes have brought much-needed stability, attracted new insurers, and provided homeowners with more choices.

Given this progress, now is not the time to disrupt the market with untested reforms. Stability takes time, and the full effects of recent legislation must be allowed to take hold. When Florida lawmakers convene their next two-month session on March 4, they should resist the urge to enact further changes that could derail the positive momentum we have seen so far.

The evidence speaks for itself. In 2023 alone, more than 10 new property and casualty insurers entered the Florida market, giving consumers increased options and fostering a more competitive landscape. A stable insurance environment encourages more capital investment, ultimately benefiting consumers. However, regulatory changes at this stage could deter new entrants and potentially drive up costs for policyholders.

Even more encouraging, the market has seen 12 consecutive months of underwriting improvement, with the potential for rate reductions on the horizon. Since January 2024, 17 companies have filed for rate decreases, and 34 companies have requested 0 percent increases. As these reductions accumulate over time, consumers will benefit from increased competition, leading to more affordable rates and, most importantly, a financially viable market. These transformational changes demonstrate that recent reforms are working as intended and delivering the expected rate relief for consumers. When these measures were enacted, legislative leaders cautioned that the impact would not be immediate — it would take time for the systemic changes to stabilize the market and lower insurance rates.

The real challenges facing Florida’s insurance market stem from external pressures, including natural disasters, rising reinsurance costs, and past litigation abuse. Recent hurricanes have caused widespread damage, increasing claims costs and straining insurers financially. To manage risk and keep coverage affordable, insurers rely on reinsurance — but reinsurance costs in Florida have surged, making it more expensive for insurers to operate. Misconceptions about insurer profitability or affiliated transactions often overlook the significant expenses of running a property insurance company, including reinsurance, claim payouts, and operational costs. In reality, most insurers operate on tight margins and must engage in responsible financial management to remain viable. The Office of Insurance Regulation has a robust financial oversight framework to regulate affiliated party transactions and prevent unlawful or excessive asset distributions, contrary to some recent assertions in the media.

Excessive litigation was a major driver of Florida’s past insurance crisis. Recognizing this, lawmakers enacted strong reforms to curb litigation abuse and promote market stability. At the same time, they enhanced the Insurance Commissioner’s ability to hold insurers accountable. If companies fail to properly adjust and promptly pay claims, Commissioner Yaworsky now has a dedicated Deputy Commissioner and a proactive team tasked with enforcing insurers’ claims-paying responsibilities. Additional regulatory changes at this juncture would be premature and could introduce further uncertainty and disruption.

Given Florida’s heavy reliance on catastrophe reinsurance, lawmakers may want to consider harmonizing the state-created Florida Hurricane Catastrophe Fund with the private reinsurance market to serve as a stabilizing buffer during periods of stress and volatility. While future legislation may be necessary or desirable, for now, it is essential to let the reforms work and allow the Office of Insurance Regulation to collect the necessary data to guide informed legislative decisions.

The Legislature has enacted comprehensive, thoughtful reforms to stabilize a struggling property insurance market. Now, the best course of action is to allow these measures to take full effect. By maintaining a steady approach and fostering a competitive, stable insurance market, lawmakers can continue to protect Florida homeowners and support a resilient insurance industry.

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Kevin McCarty is a former Florida Insurance Commissioner who served from 2003 to 2016. With decades of experience in insurance regulation and policy, he played a key role in shaping Florida’s insurance landscape. McCarty is a nationally recognized expert on insurance market stability and risk management, advising industry leaders and policymakers on best practices for maintaining a competitive and consumer-friendly market.

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