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

On Thursday, April 17, HB 947 by Representative Omar Blanco (R-Miami) which included a proposed committee substitute (PCS) that added language from HB 585, Former Phosphate Mining Lands by Representative Jon Albert and HB 1551 by Representative Hillary Cassel (R- Broward) to the original language of HB 947. 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.

The PCS included language from HB 1551, Attorney Fee Awards in Insurance Actions by Representative Hillary Cassel (R-Dania Beach). This language will undo pieces from the 2022/23 tort reforms that will essentially allow one way attorney fees back into Florida.  

AIF also spoke to the portion of the PCS that was formerly language from HB 585, Former Phosphate Mining Lands by Representative Jon Albert (R-Frostproof). While AIF strongly supports this language that protects landowners from strict-liability claims on land previously used for mining phosphate, we expressed disappointment that this language was added to two other pieces of legislation that would lead to higher insurance rates and more nuclear verdicts.  
HB 947 will now go to the House Floor for consideration.

AIF opposes legislation that repeals transparency in damages in civil actions and any other legislation that undoes previous reforms that have been working. Such reforms would open the floodgates for frivolous litigation and nuclear verdicts leading to higher prices of insurance for businesses operating in Florida. 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 1386 – Utility Worker Protection

On Thursday, April 17, SB 1386 by Senator Clay Yarborough (R-Tallahassee) was heard by the Senate Fiscal Policy Committee and was reported favorably. AIF stood in support of this legislation.

SB 1386 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 Floor for consideration.

AIF supports legislation that stiffens criminal penalties against those who commit acts of violence against utility workers working on critical infrastructure.

HB 433 – Administrative Procedures

On Thursday, April 17, HB 433 by Representative Toby Overdorf (R-Palm City) was heard and amended by the House State Affairs Committee and was reported favorably. AIF stood in support of an amendment to this legislation.

HB 433 revises Florida’s administrative code and updates timelines and process for public hearings and how information may be incorporated by reference in agency rules. The amendment creates a process for agencies to perform review of existing rules and provide reports to legislature on applicability and specific statutory authority and balances the consistency and predictability needed to conduct business in Florida while also ensuring agencies are adopting and implementing rules consistent with their specific statutory authority.

HB 433 will now go to the House Floor for consideration.

AIF supports legislation that reduces administrative patchwork within state agencies and local authorities and provides transparency on administrative actions from those entities.

HB 1535 – Emergencies

On Thursday, April 17, HB 1535 by Representative Fiona McFarland (R-Sarasota) was heard by the House State Affairs Committee and was reported favorably. AIF stood in support of this legislation.

This bill modifies the way local and county governments may respond to development after emergency declarations. The bill prohibits overly burdensome regulations from being passed after a federal disaster declaration following a hurricane. The goal of the added language in the amended bill is to allow communities to plan and develop in the years after a storm as they see fit without making more restrictive policies directly after a storm event.

HB 1535 will now go to the House Floor for consideration.

AIF supports legislation that clarifies comprehensive plan adjustment timelines after a storm or disaster. Allowing for more time to process and recover before major zoning decisions are made will allow businesses to rebuild and make the best decisions during recovery.