AIF TOP PRIORITY ISSUE
SB 734 & HB 6017 – Actions for Recovery of Damages for Wrongful Death
On Wednesday, March 26, SB 734 by Senator Clay Yarborough (R-Jacksonville) was heard and amended by the Senate Rules Committee and was reported favorably with 23 yeas and 1 nay. AIF stood in opposition to this legislation.
On Wednesday, March 26, HB 6017 by Representative Dana Trabulsy (R-Fort Pierce) was read for a 3rd time on the House Floor and was passed with 104 yeas and 6 nays.
These bills repeal sections of the existing wrongful death law pertaining to adult children and parents of adult children recovery of damages stemming from claims of medical malpractice. The bill would allow for claims to be filed for non-economic damages, more commonly known as “pain and suffering,” to be filed for larger sums. Previously, the legislature passed laws that provided guardrails against these practices in the effort to reduce premiums and frivolous lawsuits.
SB 734 will now go to the Senate Floor for consideration. HB 6017 will now go to the Florida Senate for consideration.
AIF opposes any bill that expands litigation to noneconomic damages for medical malpractice, which would destabilize insurance markets and raise costs of malpractice premiums throughout the state.
AIF TOP PRIORITY ISSUE
HB 947 – Evidence of Damages to Prove Medical Negligence
On Wednesday, March 26, HB 947 by Representative Omar Blanco (R-Miami) was heard by the House Judiciary Committee and was reported favorably with 19 yeas and 3 nays. Representative’s Shane Abbott (R-DeFuniak Springs), Tom Fabricio (R-Miami Lakes), and Rachel Plakon (R-Lake Mary) voted against the bill. AIF engaged an expert in medical damages to speak in opposition to this legislation.
HB 947 repeals portions of the 2023 legislation that makes claimant damages and past medicals transparent and fully available to a jury in civil trials relating to personal injury and wrongful death claims. Prior to the 2023 reforms, a common practice by plaintiff’s attorneys were to inflate the total cost of damages by using a “letter of protection” that often-multiplied damages upwards of 300 percent. These disputes produced a flurry of frivolous litigation and massive nuclear verdicts (verdicts over $20 million) based on evidence that was dramatically inflated against the consistent market-price of medical procedures. HB 947 would remove the ability for a jury to see the real cost of damages compared to other examples of similar medical expenses.
HB 947 will now go to the House Floor for consideration. The companion, SB 1520 by Senator Grall, is in Senate Judiciary and has not been heard.
AIF opposes legislation that repeals transparency in damages in civil actions. Such reforms would open the floodgates for frivolous litigation and nuclear verdicts.
HB 857 – Assault or Battery on a Utility Worker
On Wednesday, March 26, HB 857 by Representative Jennifer Kincart-Jonsson (R-Lakeland) was heard by the House Criminal Justice Subcommittee and was reported favorably with 18 yeas and 0 nays. AIF stood in support of this legislation.
This bill increases penalties against individuals who commit acts of violence against utility workers while on duty. The bill rephrases statutory definitions of “utility workers” that require such individuals to wear appropriate gear that clearly identifies them as an employee of a utility provider.
HB 857 will now go to the House Economic Infrastructure Subcommittee for consideration.
AIF supports legislation that stiffens criminal penalties against those who commit acts of violence against utility workers.
