Tort Reform Bills Continue to Make Progress in Both Chambers
March 18, 2010

Today, by a vote of 110-2, the Florida House of Representatives overwhelmingly passed HB 689 Relating to Negligence by Representative Gary Aubuchon (R-Cape Coral) that addresses litigation procedures in slip and fall cases resulting from injuries at a Florida business establishment.  The bill requires the plaintiff to prove that the employer had constructive knowledge of any alleged condition on its premises that caused the injury.  Representative Aubuchon explained how important this bill is to Florida businesses since our litigation costs over these types of cases have been over 60% greater than those borne by businesses in our neighboring (and competitive) states within the past decade.  The two House members voting against the bill were Representatives Adam Fetterman (D-Pt. St. Lucie) and Mark Pafford (D- West Palm Beach).

The Senate version of this important legislation, SB 1224, was also passed favorably by the Senate Judiciary Committee today by a vote of 5-4.  After being amended in Committee today, SB 1224 by Senator Andy Gardiner (R-Orlando) is identical to the measure passed by the Florida House. The debate in the Senate committee was similar to that heard in committees in the House, centered on imposing additional duties of record keeping on Florida businesses.  As a lawyer who has prosecuted and defended these types of cases in Florida courts, Chairman Joe Negron (R-Palm City) commented that this measure was needed to restore balance and fairness to the state’s litigation system. Furthermore, he warned that the recordkeeping concerns may need to be addressed in future years if this law is interpreted by the courts in a manner other than intended. The four senators who voted against the bill today were Senators Durrell Peaden (R-Crestview), Dan Gelber (D-Miami Beach), Jeremy Ring (D-Margate) and Arthenia Joyner (D-Tampa). 

SB 1224 is slated to be heard by the Senate Policy and Steering Committee on Ways and Means prior to being heard on the Senate floor. 

AIF SUPPORTS legislation which protects business owners from costly and frivolous litigation. As such, AIF commends Senator Gardiner for bringing this important bill before the Florida Senate. (View the AIF position on this issue)

Along with HB 689, House members passed yet another bill that creates legal reform in Florida by a vote of 71-40. HB 437 Relating to Contingency Fee Agreements Between the Department of Legal Affairs and Private Attorneys by Representative Eric Eisnaugle (R-Orlando) limits the amount of a contingency attorney fee that can be paid when the Florida Attorney General hires outside counsel.  The bill sets this cap at $50 million plus costs and filing fees.  Nicknamed TPAC, otherwise known as Transparency in Private Attorney Contracting, this legislation will ensure tax dollars are wisely spent and not wasted on costly attorney’s fees.

An identical bill has been filed in the Senate, SB 712 by Senator John Thrasher (R-Jacksonville), and is waiting to be heard in the Senate Policy and Steering Committee on Ways and Means.

HB 437 will be referred to the Senate to be heard by its members.

AIF SUPPORTS efforts to add transparency and accountability to the hiring of outside counsel by the Attorney General’s office. AIF salutes Representative Eisnaugle for his efforts in reforming private attorney contracts with the state. (View the AIF position on this issue)

The Senate Judiciary committee also unanimously passed SB 2440 Relating to Liability Releases by Senator Mike Bennett (R-Bradenton).  SB 2440, also known as the “kid waiver” bill, attempts to address a recent court decision in the case of Kirton vs. Fields, which held that parents do not have the right to release a recreation provider from liability for injury on behalf of a child.  SB 2440 would allow parents to waive inherent risk but not gross negligence.  While not as strong of a fix as the House version, HB 285 by Representative Mike Horner (R-Kissimmee), it does at least provide business owners with some protection from lawsuits.

SB 2440 will now be considered by the Senate Ways and Means Committee before heading to the floor.

AIF SUPPORTS the right of parents to waive liability on behalf of their minor.  Without liability protection from a waiver, many businesses, particularly in the recreation and sports industries, will not allow minors to participate.  Since many of these businesses cater to families, tourism, or directly to minors, this could impact their ability to stay in business. (View the AIF position on this issue)