However, Leon County Judge Terry Lewis ruled these provisions violate the Florida Constitution, saying these parts of the law “violate the right of the people to have access to the courts to seek redress for their injuries.”

In his opinion, Florida lawmakers have a history of straying from “libertarian principles of individual liberty and personal responsibility,” and, in some cases, have “replaced a pure free market approach with a government-controlled system (such as the no-fault auto insurance system) in order to address a perceived problem.”

“This is the first time a court has called into question the constitutionality of the new PIP statute,” explains Michael J. McQuaide, an attorney at Marshall, Dennehey, Warner, Coleman and Goggin. “This ruling opens the door to a Florida Supreme Court review of the constitutionality of the new statute.”

The group of acupuncturists, massage therapists, and chiropractors failed to convince a state district court judge on the same merits. In January Judge Richard Lazzara, in the U.S. District Court in the Middle District of Florida, denied the group an injunction.

McCarty and many insurers are not alone in their outrage regarding Lewis' decision and its underlying logic. The Coalition Against Insurance Fraud also publicly expressed disappointment about the ruling:

“The opinion ignores the irreparable harm that crooked medical providers inflict on honest drivers and the no-fault system's integrity,” said Dennis Jay, executive director of The Coalition, in a press release. 

“The judge's written opinion is somewhat convoluted,” he added. “Higher courts are likely to overturn the stay. Curbing crooked medical providers in this manner is a reasonable way to reduce runaway fraud, and its constitutional validity has a strong basis.”