SB 922 & HB 1219 – Employment Agreements

On Monday, March 17, SB 922 by Senator Tom Leek (R-Ormond Beach) was heard by the Senate Commerce & Tourism Committee and was reported favorably with 6 yeas and 3 nays. AIF stood in support of this legislation.

On Wednesday, March 19, HB 1219 by Representative Traci Koster (R-Tampa) was heard by the House Industries and Professional Activities Subcommittee and was reported favorably with 11 yeas and 5 nays. AIF stood in support of this legislation.

In highly competitive business environments, companies are often required to keep innovations and intellectual property developments confidential. This bill strengthens non-compete and confidential employment agreement guidelines by establishing a framework that protects confidential trade secret information. The framework sets new rules for covered garden leave agreements for covered employers and covered employees, as current laws allow for several loopholes that employees can use to contest these agreements through litigation while also working for a competing business.

SB 922 will now go to the Senate Judiciary Committee for consideration. HB 1219 will now go to the House Judiciary Committee for consideration.

AIF supports legislation that protects a business’s sensitive information and drives more innovation through clarified rulemaking. These standards will allow more businesses who rely heavily on research & development to invest in Florida and create new jobs in various industry sectors.

SB 1740 – Insurance

On Monday, March 17, SB 1740 by Senator Blaise Ingoglia (R-Spring Hill) was heard and amended by the Senate Banking and Insurance Committee and was reported favorably with 7 yeas and 0 nays. AIF spoke and provided information on an amendment to this legislation.

SB 1740 reorganizes the homeowner’s insurance mitigation climate, creates surplus minimums for insurers offering residential/sinkhole coverage, and eliminates individuals who served as a director or officer from working for other insurers if their company goes insolvent.

The amendment that was proposed and adopted directs all insurers who use artificial intelligence for the claims handling process to accurately detail the process for denial of claims to the claimant. It also indicates that claims must not be solely denied based on an AI algorithm and with no human involvement. The bill lists several record-keeping items that direct insurers to accurately disclose the qualified human professionals who take part in individual claims denials to the claimant.

SB 1740 will now go to the Senate Appropriations Committee on Agriculture, Environment, and General Government for consideration.

AIF supports tailoring AI application regulations to specific risk profiles to ensure a balanced environment that promotes responsible innovation while safeguarding consumer welfare. This nuanced approach can help prevent stifling technological growth while ensuring AI’s benefits are realized safely and ethically. AIF supports measures that would foster innovation and promote the adaptation of emerging technologies.

HB 369 – Provenance of Digital Content

On Wednesday, March 19, HB 369 by Representative Fiona McFarland (R-Sarasota) was heard and amended by the House Information Technology Budget & Policy Subcommittee and was reported favorably with 17 yeas and 0 nays.

The strike-all amendment was passed by the committee and was added to the bill. Among the positive changes it makes, the amendment removes language relating to capture devices, narrows the definitions relating to social media, and pushes back the effective date of the bill by an extra year. 

This bill reworks existing laws that govern online digital content by providing definitions and guidelines related to “provenance data”. As defined in this legislation, provenance data is “information identifying whether some or all of the content has been derived through generative artificial intelligence and, if so, the name of the generative artificial intelligence tool used to generate such content and the organization that developed such tool.” This definition would require businesses to provide notice and origin information on the generative AI that is being used on their platform.

HB 369 will now go to the House Economic Infrastructure Subcommittee for consideration.

AIF is in the process of gathering feedback from members and other stakeholders about the changes made to the bill on Wednesday.

SB 734 & HB 6017 – Actions for Recovery of Damages for Wrongful Death

On Tuesday, March 18, SB 734 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Appropriations Committee on Health and Human Services and was reported favorably with 8 yeas and 2 nays. Senators Gayle Harrell (R-Stuart) and Colleen Burton (R-Lakeland) voted against the bill. AIF spoke in opposition to this legislation.

On Thursday, March 20, HB 6017 by Representative Dana Trabulsy (R-Fort Pierce) was heard by the House Judiciary Committee and was reported favorably with 20 yeas and 1 nay. Representative Tom Fabricio (R-Miami Lakes) voted against the bill. AIF stood in opposition to this legislation.

This bill repeals 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 Rules Committee for consideration. HB 6017 will now go to the House Floor for consideration.

AIF opposes any bill that expands litigation to noneconomic damages for medical malpractice, which will destabilize insurance markets and raise costs of malpractice premiums throughout the state.

HB 1007 – Offenses Involving Gift Cards

On Wednesday, March 19, HB 1007 by Representative Sam Greco (R-St. Augustine) was heard by the House Criminal Justice Subcommittee and was reported favorably with 17 yeas and 0 nays. AIF stood in support of this legislation.

This bill establishes criminal penalties for those who illegally obtain, tamper with, or misuse gift cards sold by a business. There is a rising rate in the illegal use of gift cards in retail and online businesses that is costing Florida businesses millions. The penalties for fraudulently using gift cards would be a misdemeanor for all offenses under $950 in damages and a felony for offenses above $950 in damages.

HB 1007 will now go to the House Judiciary Committee for consideration.

AIF supports legislation that deters criminal acts against Florida businesses by establishing criminal penalties for those who commit them.

HB 947 – Evidence of Damages to Prove Medical Expenses in Personal Injury or Wrongful Death Actions

On Thursday, March 20, HB 947 by Representative Omar Blanco (R-Miami) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably with 15 yeas and 0 nays. AIF engaged an expert in medical damages to speak in 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 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 Judiciary Committee for consideration.

AIF opposes legislation that repeals transparency in damages in civil actions. Such reforms would open the floodgates for frivolous litigation and nuclear verdicts.

HB 1551 – Attorney Fee Awards in Insurance Actions

On Thursday, March 20, HB 1551 by Representative Hillary Cassel (R-Dania Beach) was heard by the House Insurance & Banking Subcommittee and was reported favorably with 15 yeas and 1 nay. Representative Mike Caruso (R-Delray Beach) voted against the bill. AIF spoke in opposition to this legislation.

HB 1551 reinstates awards of attorney fees in many insurance actions, including property and auto. As the bill is written, trial attorneys will have no risk in bringing claims against insurers because they will either get all their fees for winning even the smallest portion of the insurer’s offer or voluntarily dismiss the case before an adverse judgment to avoid paying the insurer’s fees. In the worst case, unscrupulous trial attorneys could make unreasonable offers, lose, and leave their clients to pay the insurer’s fees. Thus, this legislation unwinds a critical piece of the monumental 2022 & 2023 tort reform efforts.

HB 1551 will now go to the House Judiciary Committee for consideration.

AIF opposes any regulation that aims to reverse previous legislative fixes addressing frivolous insurance litigation, which drives up costs. Florida should look for ways to entice insurers to form or expand in this state, not turn companies away with inconsistent law changes that would negatively affect them.

HB 1437 – Attorney Fees and Costs for Motor Vehicle Personal Injury Protection Benefits

On Thursday, March 20, HB 1437 by Representative John Snyder (R-Stuart) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably with 17 yeas and 0 nays. AIF stood in opposition to this legislation.

HB 1437 reinstates provisions that allow one-way attorney’s fees for personal injury protection (PIP) claims. This would allow all plaintiffs who bring civil action against a medical providers and insurers to obtain attorney fees and costs in addition to a settlement or verdict reached on the case. Florida is a “no-fault” state, therefore PIP coverage is mandatory for all motorists.

HB 1437 will now go to the House Insurance & Banking Subcommittee for consideration.

AIF opposes legislation that tips the judicial scales in favor of plaintiff’s attorneys who would be able to file an obsessive number of lawsuits at no risk of paying fees to the opposing party.

SB 110 – Rural Communities

On Wednesday, March 19, SB 110 by Senator Corey Simon (R-Tallahassee) was read for a third time, amended, and passed on the Senate Floor with 39 yeas and 0 nays.

SB 110 is a piece of Senate President Ben Albritton’s (R-Wauchula) “Rural Renaissance” plan to strengthen Florida’s rural communities by investing and restructuring Florida’s approach to rural community management. This bill creates grant programs designed to promote new economic opportunities and growth by providing broadband infrastructure to underserved populations. The bill also develops roadmaps to expand healthcare access and modernization tools for rural counties in need of economic stimulation.

SB 110 will now go to the Florida House for consideration.

AIF supports legislative efforts to boost economic vitality in Florida’s rural communities. These efforts will create jobs and allow businesses more opportunities for investment in the Sunshine State.

HB 1175 – Mitigation Banking

On Tuesday, March 18, HB 1175 by Representative Wyman Duggan (R-Jacksonville) was heard by the House Natural Resources & Disasters Subcommittee and was reported favorably with 12 yeas and 3 nays. AIF stood in support of this legislation.

HB 1175 expands laws passed by the legislature in 2024 that provided credits for environmental mitigation projects. The proposed legislation would allow state agencies who govern mitigation credits to offer credits outside the service area of authorized mitigation banks. This is a resource already available at the federal level.

HB 1175 will now go to the House Agriculture & Natural Resources Budget Subcommittee for consideration.

AIF supports legislation that expands access to water quality mitigation projects. These measures would allow businesses to operate effectively while working alongside regulators on lands/waterways categorized as mitigation banks.