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. Senator Gayle Harrell (R-Stuart) voted against the bill. 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. These changes will force businesses to pay higher prices for insurance coverage, making it harder to start and maintain business in Florida.

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 leading to higher prices of insurance for businesses operating in Florida.

AIF TOP PRIORITY ISSUE
HB 1181 - Motor Vehicle Insurance

On Thursday, March 27, HB 1181 by Representative Danny Alvarez (R-Fish Hawk) was heard by the House Civil Justice & Claims Subcommittee and was reported favorably with 13 yeas and 2 nays. Representatives Kim Berfield (R-Clearwater) and David Borrero (R-Sweetwater) voted against the bill. AIF spoke in opposition to 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 Insurance & Banking Subcommittee for consideration. The Senate companion, SB 1256 by Senator Erin Grall (R-Vero Beach), is awaiting consideration by its first committee of reference, the Senate Banking and Insurance Committee.

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.

SB 1198 – Fraudulent Use of Gift Cards

On Monday, March 24, SB 1198 by Senator Nick DiCeglie (R-Indian Rocks Beach) was heard by the Senate Appropriations Committee on Criminal & Civil Justice and was reported favorably. 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.

SB 1198 will now go to the Senate Rules Committee for consideration.

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

SB 832 – Former Phosphate Mining Lands

On Tuesday, March 25, SB 832 by Senator Danny Burgess (R-Zephyrhills) was heard by the Senate Environment & Natural Resources Committee and was reported favorably with 8 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. SB 832 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.

SB 832 will now go to the Senate Rules Committee 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 Tuesday, March 25, HB 1183 by Representative Mike Giallombardo (R-Cape Coral) was heard by the House Information Technology Budget & Policy Subcommittee and was reported favorably with 14 yeas and 2 nays. 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 Civil Justice & Claims Subcommittee 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.

SB 1386/HB 857 – Utility Worker Protection

On Tuesday, March 25, SB 1386 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Criminal Justice Committee and was reported favorably with 9 yeas and 0 nays. AIF stood in support of this legislation.

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.

SB 1386 will now go to the Senate Appropriations Committee on Criminal & Civil Justice for consideration. 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.

SB 1132 – Consumer Right to Repair Certain Equipment

On Tuesday, March 25, SB 1132 by Senator Keith Truenow (R-Tavares) was heard by the Senate Agriculture Committee and was reported favorably with 5 yeas and 0 nays. AIF spoke in opposition to this legislation.

SB 1132 establishes new guidelines to mandate manufacturers share documentation, tools, and parts to device owners and independent repair providers to use on devices. The bill exempts trade secrets from being disclosed and excludes FDA-approved devices. Examples of such products included in the bill are smartphones, tablets, computers, and agricultural products.

SB 1132 will now go to the Senate Rules Committee for consideration.

In its current form, AIF opposes SB 1132 as it would allow intellectual property that is developed and owned by manufacturers, to be readily available for distribution by entities that are not associated with the manufacturer. These reforms could result in higher repair costs for products ranging from smartphones to heavy machinery.

SB 1826 – Ultra Processed Food

On Tuesday, March 25, SB 1826 by Senator Jonathan Martin (R-Fort Myers) was heard by the Senate Agriculture Committee and was temporarily postponed. AIF stood in opposition to this legislation.

SB 1826 mirrors Senator Martin’s SB 560 (Chemical Additives in Food Products) but explicitly prohibits Florida school districts from offering “ultra-processed” food in school cafeterias. The bill uses definitions from the proposed language in SB 560 that bans food products containing certain dyes and other chemical additives already approved by the FDA.

SB 1826 awaits further consideration by the Senate Agriculture Committee.

AIF opposes legislation that adds another layer of regulatory patchwork against businesses who sell products that are FDA approved and considered safe for consumption.

SB 818 – Utility Relocation

On Tuesday, March 25, SB 818 by Senator Stan McClain (R-Ocala) was heard by the Senate Regulated Industries Committee and was reported favorably with 8 yeas and 0 nays. AIF stood in support of this legislation.

This bill modifies the process of relocating utility facilities on a public right of way.  It helps to ease some scheduling pressure that utilities may have in the relocation process as well as shifts the cost burden from the utility owner to the owner (local governments mostly) of the right of way that is requiring the relocation. These expenses often add up when developments, road projects, and other local structures require broadband facilities to be moved. As Florida becomes increasingly more developed, these relocations will become ever more frequent.

SB 818 will now go to the Senate Transportation Committee for consideration.

AIF supports initiatives that ease burdens for utility providers who are forced to move facilities from a right of way by local governments.

HB 1239 – Energy Infrastructure Investment
 
On Tuesday, March 25, HB 1239 by Representative Jennifer Kincart-Jonsson (R-Lakeland) was heard by the House Economic Infrastructure Subcommittee and was reported favorably with 15 yeas and 1 nay. AIF stood in support of this legislation.
 
Renewable Natural Gas (RNG) continues to expand its presence in Florida’s economy as it becomes a more practical and cost-effective source of renewable energy. HB 1239 would grant public utilities with a cost-recovery mechanism for qualifying RNG infrastructure projects. The bill would also encourage further solutions for the capture, sale, and reuse of methane gas.
 
HB 1239 will now go to the House Floor for consideration.

AIF supports legislation that provides an economically and technically feasible framework which encourages development and investment in renewable natural gas, hydrogen, and other energy technologies.

HB 1427 – Rural Communities
 
On Monday, March 24, HB 1427 by Representative Griff Griffitts (R-Panama City) was heard by the House Commerce Committee and was reported favorably. AIF stood in support of this legislation.

HB 1247 is the House companion of SB 110 by Senator Corey Simon (R-Tallahassee) which is Senate President Ben Albritton’s “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.

HB 1247 will now go to the House Health & Human Services Committee 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.