Tort Reform Struck Down by Courts; AIF & Business
Community Respond
February 12, 2001
Source: Curt Leonard, Manager – Governmental Affairs
Associated Industries of Florida
Late Friday afternoon, Circuit Court Judge
Nikki Clark struck down the tort reform law passed by the legislature
and governor in 1999.
The tort reform law was struck down based on a technical judgement
made by Judge Clark. The Florida Constitution requires that a new
law be limited to a single subject. Despite the fact that three Florida
Supreme Court rulings in the past 20 years have held that "tort
reform" constitutes a single subject, Judge Clark held that the
reform law violated the single subject requirement. Judge Clark did
not rule on the substantive merits of the tort reform law.The 1999 reforms, passed despite the furious opposition of the trial
bar and largely hostile media coverage, were passed with the intent
of bringing Florida tort law into mainstream, consistent with tort
law throughout the United States. The law levels the playing field
for all parties in a civil suit and insures fair compensation for
the injured plaintiff. The law also lends predictability to Florida’s
legal system, a must for employers who watched with horror as Florida’s
legal system increasingly resembled a combination of Perry Mason and
"Who Wants to be a Millionaire."AIF and other members of the business community pledged their continued
diligence on behalf of Florida’s employers in a statement released
to the press today, Monday, February 12, 2001. "Judge Clark’s
ruling slants the playing field in favor of frivolous lawsuits and
against fair play," said Jon L. Shebel, President and CEO of
Associated Industries of Florida in the statement.
AIF and other business representatives met with the Speaker of the
House, Tom Feeney (R-Oviedo) today to discuss the issue and to review
our options for the upcoming 2001 session of the legislature.
