Florida has been a regular in the American Tort Reform Foundation’s annual Judicial Hellholes report for decades, but the latest ATRF report removed Florida from the dishonorable designation, citing recent legal reforms signed into law.
“The 2023 legislative session brought a great sea change for the state’s civil justice system,” the report released this week states. “Florida lawmakers passed legal reform bills that have the potential to rebalance the state’s legal system for many years to come.”
In fact, the report now designates Florida a “Point of Light” due largely to the passage of three tort-reform measures. House Bill 837, introduced by Reps. Tommy Gregory (R-Lakewood Ranch) and Tom Fabricio (R-Miami Ranch), helps to ensure jurors have an accurate idea of plaintiffs’ medical expenses, eliminates contingency-fee multipliers in attorney-fee calculations, ends the state’s one-way attorney fee provisions in insurance claims and reduces the statute of limitations in negligence cases.
Another measure, Senate Bill 360, sponsored by Sen. Travis Hutson (R-St. Augustine), shrinks the timeframe for filing a construction-defect claim from 10 years to seven years. And HB 1205 aims to better regulate legal advertising by rooting out “medical alert” ads and targeting misleading information in legal ads dealing with pharmaceuticals and medical devices.
Tom Gaitens, executive director of Florida Citizens Against Lawsuit Abuse, noted that the state was designated the No. 1 Judicial Hellhole in the nation in 2018 and 2019.
“Since 2002-2003, Florida has spent 15 years on the Judicial Hellholes list and six on the Watch List,” Gaitens told the Florida Record in an email. “... The efforts the governor and Legislature have made since have allowed us to emerge as a ‘Point of Light.’ Only resolve and steadfast vigilance will protect the gains we have made.”
But he said the plaintiffs’ bar is engaged in an effort to inundate the courts with filings of frivolous lawsuits and a potential lobbying effort to weaken the newly passed legal reforms.
“The trial lobby is already trying to influence the future leadership to weaken and backpedal on the recent reforms,” Gaitens said. “The trial lobbyists and attorneys focused first in flooding the courts with frivolous filings. While endless ligation helps attorneys, it doesn't bring lasting positive change.”
In Miami-Dade, where a judge typically handles 300 cases at any one time, individual judges’ workloads are now running at 1,300, he said.
“Ultimately, the trial lobby is going to come directly at our elected officials, target those who voted for reform and offer bills which will have intent to weaken the reforms already signed into law,” Gaitens said.
The tort reform report also cited recent state Supreme Court appointments by Gov. Ron DeSantis as key changes that led to Florida shedding its Judicial Hellhole designation.
“This year’s historic success in the Legislature to improve Florida’s civil justice system shows that protecting citizens from lawsuit abuse is a high priority for Florida’s elected officials,” Tiger Joyce, president of the American Tort Reform Association, said in a prepared statement. “These new laws will protect Florida consumers from misleading trial-lawyer advertisements and various abuses that have economically strained Florida families for years.”
Florida’s removal from the list comes even though auto-glass litigated claims in the state are headed for a new record this year; the U.S. Senate’s Budget Committee is investigating the solvency of Florida’s Citizens Property Insurance Corp., the state-run insurer of last resort; and Florida remains one of the priciest states for auto insurance.