From March 16, 2006

Legal Reform

Today, the Florida House of Representatives passed legislation to abolish the doctrine of joint and several liability by a vote of 97-23. HB 145 by Representative Don Brown (R-DeFuniak Springs) was the subject of some lengthy debate over fairness in Florida's legal system. Representative Brown explained that the bill was written in order to match responsibility for damages with the allocation of fault.

View Representative Brown's Comments

During the floor debate, several other representatives shared their perspectives on why this bill creates good public policy for the citizens of our state. Representative Ray Sansom (R-Ft. Walton Beach) praised Representative Brown for bringing the bill to the House and praised House Speaker Allan Bense (R-Panama City) for his leadership in having the House vote early on such an important bill. Representative Ralph Poppell (R-Titusville) pointed out that accident victims are not looking to force someone to pay them who is not responsible for their injuries. Therefore, making people pay for only their fair share of damages is fair to all parties involved. Representative Dennis Ross (R-Lakeland) hailed the bill as an idea whose time has come, stating that "Our current system actually makes defendants who are forced to pay for more than their fair share of damages, an additional victim in a lawsuit," and urged the House members to support the bill. Representative Joe Pickens (R-Palatka) clarified that the bill was not about helping insurance companies or large corporations but was designed to also help individuals and small business owners. He stated that property owners and home owners are also involved in litigation every day in Florida. This bill allows them to face litigation in a fair system where people pay for the harm they cause and not in a socialized welfare system where they are forced to bear someone else's costs. Representative Dean Cannon (R-Orlando) also urged his House colleagues to support this bill for the measure of responsibility and accountability for actions that it will restore to the state's judicial system.

In a moving speech, Representative Ken Sorensen (R-Tavernier) shared his personal experiences involving two of his sons who were tragically injured - one through disease and one through an accident. He told the members of the House that it would be easy for him to look around to find the deepest pocket to go after the most money for his children or grandchildren, but as a matter of good public policy, he knew that neither he nor his family would want someone to pay them who was not responsible for the damages they suffered.

View Representative Sorenson's Comments

In his closing remarks Representative Brown reminded the members that the bill is simply about fairness and not requiring anyone in a lawsuit to pay for more than the share of damages that their own actions caused.

HB 145 now goes to the Senate for consideration.

AIF salutes Speaker Bense and Representative Brown for their fine leadership in bringing this bill out of the House of Representatives. Please contact your representative and thank them for voting for this bill. A complete vote list is found below.

HB 145 March 16, 2006 House Floor Vote