Saying the property-insurance market “remains in crisis,” the state Monday asked a federal judge to toss out a challenge to a law that places restrictions on roofers.

An attorney for the Florida Department of Business and Professional Regulation disputes the law passed in 2021 and revised during a May special legislative session, stating that it violates roofers’ First Amendment rights. The revised version includes requiring roofers to put disclosures on advertising — a requirement that the lawsuit described as “unduly burdensome.”

The department’s 29-page motion to dismiss the lawsuit contends that the plaintiffs, the Restoration Association of Florida and Apex Roofing & Reconstruction, LLC, have not shown legal standing to pursue such claims.  “Additionally, they do not allege anything about any particular door hangers, business cards, magnets, or flyers that would suggest that the mandatory disclosures would be unduly burdensome if incorporated into those written materials,” wrote David Axelman, general counsel for the department, whose secretary, Melanie Griffin, is a defendant in the case.

Roofing claims have been a key issue as lawmakers and other state leaders have grappled with widespread problems in the property-insurance system that have included insurers dropping customers and seeking large rate increases.

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