Daily Legislative Brief from February 1, 2024

TRANSPORTATION

HB 179 – Towing & Storage

On Thursday, February 1, HB 179 by Representative Lauren Melo (R-Fort Meade) was heard by the House Civil Justice Subcommittee and was reported favorably with 16 yeas and 1 nay. AIF stood in support of this legislation.

HB 179 seeks to curb predatory towing practices hurting Florida’s businesses and consumers. Among other provisions, the bill clarifies the fees that towing companies may charge, increases the timeframe for a towing company to sell an unclaimed vehicle to ensure consumers have time to retrieve it; and prohibits towing companies from requiring only notarized original titles that are appropriate for securing the release of a vehicle.

HB 179 will now go to the House Infrastructure Strategies committee for consideration.

AIF supports legislation that sets clear guidelines for businesses and consumers to follow. These measures will reduce the amount of rampant litigation while keeping businesses in line with their obligations to the consumer.

CIVIL JUSTICE

HB 995 – Civil Actions Involving Assisted Living Facilities

On Thursday, February 1, HB 995 by Representative Ryan Chamberlin (R-Belleview) was heard by the House Civil Justice Subcommittee and was reported favorably with 12 yeas and 5 nays. AIF stood in support of this legislation.

HB 995 is a courtroom protections bill that aligns assisted living facilities “ALF’s” with current statutes that protect nursing homes from sue-to-settle litigation. HB 995 matches nursing home protections by specifying for ALF's the defendants that can be initially named in a lawsuit, such as the licensee, managing company, active participants, managing employees and direct caregivers. If the plaintiff wishes to add more defendants to the lawsuit, a court would have to hold a special hearing to determine if the proposed defendant is negligent for the case in question. Additionally, the bill matches nursing home statutes in how punitive damages can be sought by requiring a special hearing on admissible evidence as well.

HB 995 will now go to the House Select Committee on Health Innovation for consideration.

AIF supports legislation that promotes civil protections and keeps businesses in line with industry partners. Consistent and reliable liability protections will generate more investment and growth for Florida’s economy,

 

HB 1367 - Asbestos and Silica Claims

On Thursday, February 1, HB 1367 by Representative Robbie Brackett (R-Vero Beach) was heard by the House Civil Justice Subcommittee and was reported favorably with 14 yeas and 3 nays. AIF stood in support of this legislation.

HB 1367 modifies the current list of procedures for a plaintiff to follow when filing a lawsuit regarding asbestos exposure. Currently, a written report must be submitted that includes personal information, asbestos exposure locations, an exposed persons employer at the time of the supposed exposure, any asbestos-related conditions associated with the exposure, any documentation that can support the claim, etc.

HB 1367 would require the plaintiff to include information about their smoking history, names and details of anyone who is knowledgeable of the plaintiff’s exposure to asbestos, the specific product (type) of asbestos that the plaintiff was exposed to and the location.

HB 1367 will now go to the House Judiciary Committee for consideration.

AIF supports legislative initiatives that reinforce the system of checks and balances in our courts. Access to critical evidence and information is critical, especially when the outcome of the case can be determined by the medical history of the plaintiff.