Proposed Bills Threatening Florida's Historic Lawsuit Reform

Rollback of 2022 & 2023 Historic Lawsuit Abuse Reforms Filed
 
Over the past few weeks, numerous bills have been filed that would overturn or significantly amend key Florida Chamber-led provisions included in the historic insurance and lawsuit abuse reforms passed in December 2022 and March 2023. Some proposals seek to reinstate attorneys’ fees in insurance cases—effectively reversing the elimination of the one-way attorneys’ fee provision, a long-abused practice that allowed billboard trial lawyers to collect exorbitant fees over minor disputes. Others would eliminate “Transparency in Damages,” once again allowing inflated billed medical costs to be the only thing presented in court, which in turn drive up the cost of litigation.
These measures aim to dismantle critical components of Florida’s recent landmark lawsuit abuse reform wins, weaken the state’s improving lawsuit abuse climate, drive up litigation costs, and ultimately increase the cost of living and doing business for Floridians.
The bills that seek to undo key provisions of these reforms include:
  • HB 451/SB 554 – Insurance Practices by Representative Alex Andrade and Senator Don Gaetz. The bill worsens Florida’s lawsuit abuse climate by providing an incentive for billboard trial lawyers to file frivolous lawsuits against property insurers to receive attorneys’ fees, driving up the costs and inflating Floridians’ insurance premiums.
  • HB 947/SB 1520 – Expenses in Personal Injury or Wrongful Death Actions by Representative Omar Blanco and Senator Erin Grall. The bill eliminates a key provision of the Florida Chamber-led 2023 lawsuit abuse reform – Transparency in Damages – which requires juries to be informed of the actual costs of medical treatment, allowing plaintiffs’ lawyers and unscrupulous doctors to game the system to drive up the cost of litigation.
  • HB 1437/SB 1840 – Attorney Fees and Costs for Motor Vehicle Personal Injury Protection Benefits by Representative John Snyder and Senator Jonathan Martin. The bill reinstitutes attorney fee awards in Florida’s Personal Injury Protection (PIP) system, which increases litigation and auto insurance rates for Florida consumers and local businesses by incentivizing litigation over small dollar amounts.
  • HB 1551/SB 426 – Attorney Fees in Insurance Matters by Representative Hillary Cassel and Senator Jonathan Martin. The bill reinstates attorney fees that were eliminated in the Florida Chamber-championed December 2022 reforms for insurance cases – reopening a legal mechanism that led to fraud and abuse and drove up insurance costs on all Floridians in the form of higher insurance rates.
These bills eliminate key components of the Florida Chamber-backed lawsuit abuse reform efforts – Senate Bill 2A (2022) and House Bill 837 (2023) – which helped restore balance to our civil justice system these last two years and has provided stability to our insurance markets.

 
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The Florida Chamber will oppose this legislation and is uniting the business community to ensure we are advancing legislative policies that improve our legal climate – not make it worse.
Tell us how the recent lawsuit abuse reforms have positively impacted your business by contacting Chad Kunde at ckunde@flchamber.com.