AIF TOP PRIORITY ISSUE

HB 947 – Evidence of Damages to Prove Medical Negligence

On Thursday, April 3, HB 947 by Representative Omar Blanco (R-Miami) was introduced for the first time on the House Floor.  However, instead of being heard, the bill was recommitted to the House Judiciary Committee for further consideration. The AIF team, as well as other partners, were very active in the past few days working to gather significant opposition to the bill.

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 was pulled off the House Floor and now awaits a second hearing by the House Judiciary Committee. The Senate companion, SB 1520 by Senator Erin Grall (R-Vero Beach), has not been heard in any of its committees of reference.

AIF opposes legislation that repeals transparency in damages in civil actions. Such reforms would open the floodgates for frivolous litigation and nuclear verdicts leading to higher prices of insurance for businesses operating in Florida.

 

AIF TOP PRIORITY ISSUE

HB 1181 – Motor Vehicle Insurance

On Thursday, April 3, HB 1181 by Representative Danny Alvarez (R-Fishhawk) was heard by the House Insurance & Banking Subcommittee and was reported favorably with 17 yeas and 1 nay. Representative Mike Caruso (R-Delray Beach) voted against the bill. AIF spoke in opposition of this legislation.

This bill repeals Florida’s “no-fault” law, also known as personal injury protection, or (PIP), relating to motor vehicle insurance. The revisions outlined in the bill would remove the requirement for motorists to have PIP coverage in Florida. Additionally, the bill provides for non-economic damages in personal injury cases. Currently, bodily injury coverage is capped $10,000 per person. This bill would increase that coverage to $25,000 per person. These reforms would allow more claims to be filed, regardless of the severity of the injuries disputed, leading to increased frivolous litigation and “sue to settle” schemes that increase premiums against consumers and businesses.

HB 1181 will now go to the House Judiciary Committee for consideration. The Senate companion, SB 1256 by Senator Erin Grall (R-Vero Beach), is awaiting consideration by its committees of reference.

AIF opposes PIP repeal until sufficient data is collected to show that the proposed replacement system will enhance competitiveness, ensure access to medical care, and promote consumer affordability. These changes as written would increase insurance costs for businesses and consumers, undoing a lot of the positive initiatives from the 2023 tort reform legislation.

HB 585 – Former Phosphate Mining Lands

On Thursday, April 3, HB 585 by Representative Jon Albert (R-Frostproof) was heard by the House State Affairs Committee and was reported favorably with 14 yeas and 0 nays. AIF stood in support of this legislation.

Phosphate mining is a critical industry in Florida and is essential to providing sufficient fertilizers and agrichemicals for agricultural operations around the globe. HB 585 adds a new, narrow defense against causes of action that come from naturally occurring elements. This ensures that phosphate mining companies that meet all of their environmental permitting duties aren’t held liable for elements that are already in the land.

HB 585 will now go to the House Floor for consideration.

AIF supports legislation that simplifies regulatory patchwork and provides protections against frivolous litigation allowing businesses to buy, sell, and develop land without the threat of unnecessary lawsuits while following the law.

 

HB 1183 – Cybersecurity Incident Liability

On Thursday, April 3, HB 1183 by Representative Mike Giallombardo (R-Cape Coral) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably with 13 yeas and 1 nay. Representative Micheal Gottlieb (D-Davie) voted against the bill. AIF stood in support of this legislation.

This bill tackles civil liability from the cybersecurity perspective. As businesses, large and small, continue to rely on data and software to effectively service their customers, frivolous litigation has been on the rise following cyber-attacks on businesses. The bill sets standards for businesses to follow, so if a breach occurs, they are protected from frivolous litigation. Additionally, the bill creates a structure for companies using consumer data to better protect the data from cyberattacks.

HB 1183 will now go to the House State Affairs Committee for consideration.

AIF supports legislation that creates a clear and consistent framework for businesses to follow in order to safeguard consumer privacy and to reduce the risk of frivolous litigation. These measures will create a fair playing field and encourage more businesses to invest in Florida.

 

HB 129 – Products Liability Actions Under the Florida Pesticide Law

On Thursday, April 3, HB 129 by Representative JJ Grow (R-Inverness) and Representative Danny Nix Jr. (R-Placida) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably with 10 yeas and 4 nays. Representatives Kim Kendall (R-St. Augustine) Micheal Gottlieb (D-Davie) Dotie Joseph (D-North Miami) and Michelle Rayner (D-St. Petersburg) voted against the bill. AIF spoke in support of this legislation.

This bill removes several civil liability risks against businesses that use or distribute products containing certain pesticides or agrichemicals if the business did not directly oversee the development, design, or manufacturing of the product. Another provision prevents civil liability if a product label is tested and approved by the Environmental Protection Agency.

HB 129 will now go to the House Housing, Agriculture & Tourism Subcommittee for consideration.

AIF supports legislation that reduces civil liability claims against businesses that buy and distribute products in accordance with EPA regulations and guidelines. This legislation will protect businesses from frivolous lawsuits while following the law.