A comprehensive tort reform bill passed the Florida Senate Banking and Insurance Committee this week in an 8-3 partisan vote as lobbyists for and against the measure braced for a battle royale.
Both Senate Bill 236 and companion House Bill 837 have the support of Republican legislative leaders and Gov. Ron DeSantis, but groups that support trial attorneys, such as the Florida Justice Association, see the reform proposal as a power grab by insurance companies and an attack on access to trial by jury.
“If the corporate elites are empowered to grab away our right to trial by jury, which right will they feel entitled to take next?” FJA President Curry Pajcic asked in a prepared statement. “Will they grab our guns? Our right to free speech? Empowering the rich and powerful is not what this country was founded on and not something any of us should stand for.”
According to a state House of Representatives list, almost 300 lobbyist registrations are in place for or against the reforms. Ten of the lobbyist registrations are affiliated with the FJA, and many others are affiliated with business groups favoring the litigation limitations.
The reform bills would end so-called attorney-fee multipliers in most civil actions, provide more information to juries about plaintiffs’ medical expenses, raise standards for bad-faith actions and limit damages amounts for those who are at fault for their own situations.
Florida Chamber of Commerce President Mark Wilson indicated that at an initial hearing, trial attorney groups paid people to come to the Capitol to testify against the reforms. And Tom Gaitens, executive director of Florida Citizens Against Lawsuit Abuse, said he expected intense debate over the legislation.
“The trial lobby is pulling out all the tricks, bringing ‘AstroTurf’ activists to Tallahassee to appeal before committees,” Gaitens told the Florida Record in an email. “The TV and billboard trial lobby is fully funding a campaign on TV and radio in strategic markets.”
Gaitens characterized the reforms as leveling the playing field for civil justice in the state. Florida CALA said the state’s legal climate imposes a “tort tax” on all Florida residents of more than $5,000 due to how legal costs and court decisions raise the cost of doing business in the state.
“The fact is (that) frivolous lawsuits have clogged our court system, delaying justice for those truly harmed,” Gaitens said. “It costs Florida more than 170,000 jobs and puts small businesses one frivolous lawsuit away from closing their doors. When was the last time a lawyer had to close their doors?”
Florida CALA contends the bills do not erode the right to sue insurance companies, nor do they tie the hands of the state Office of Insurance Regulation to discipline insurers that engage in anti-consumer behavior. FJA, however, sees the measures as allowing large corporations to bar consumer access to courthouse doors.
Other legal reforms have been introduced this session, including legislation regarding litigation against senior living and nursing facilities as well as bills regarding insurance concerns, even auto glass repair.