DeSantis signs comprehensive legal reforms into law 

Published Mar. 24, 2023, 3:49 p.m. ET | Updated Mar. 24, 2023

Gov. Ron DeSantis signs tort reform bill, Tallahassee, Fla., March 24, 2023. (Photo/Gov. Ron DeSantis' office)
Gov. Ron DeSantis signs tort reform bill, Tallahassee, Fla., March 24, 2023. (Photo/Gov. Ron DeSantis' office)

TALLAHASSEE, Fla. (FLV) – Gov. Ron DeSantis signed comprehensive legal reforms into law on Friday.

The administration said the legislation will decrease frivolous lawsuits and prevent “predatory practices of trial attorneys that prey on hardworking Floridians.”

This bill modifies the bad faith framework, eliminates one way attorney’s fees and fee multipliers, and ensures that Floridians can’t be held liable for damages if the person suing is more at fault.

Additionally, this bill expands immunity for property owners defending against a criminal who is injured on their property while providing uniform standards for juries in calculating medical damages and reducing the statute of limitations for general negligence cases from four years to two years.

DeSantis said he is proud to sign this legislation to “protect Floridians, safeguard our economy and attract more investment in our state.”

“Florida has been considered a judicial hellhole for far too long and we are desperately in need of legal reform that brings us more in line with the rest of the country,” DeSantis said.

This bill modifies the bad faith framework to clarify that negligence alone does not demonstrate bad faith and to require a claimant to act in good faith regarding furnishing information and attempting to settle the insurance claim.

Additionally, the bill allows and insurer to limit their bad faith liability when there are multiple claimants in a single action by paying the total policy amount before negotiations for a settlement begin.

This legislation makes changes to Florida’s comparative negligence system so that a plaintiff who is more at fault for his or her own injuries than the defendant may not generally recover damages from the defendant.

Furthermore, the bill expands immunity for property owners who are defending themselves from a lawsuit against a criminal actor who was injured on the property and requires a judge or jury to consider the fault of all persons who contributed to an injury.

The bill also adopts the federal standard of eliminating attorney’s fee multipliers and provides that one way attorney fee provision can only be applied in limited situations. By doing so, the bill disincentivizes frivolous lawsuits and prolonged litigation to increase the profit margins of activist attorneys abusing the system.

This legislation also provides uniform standards to assist juries in calculating the accurate value of medical damages in wrongful death or personal injury actions. The bill also reduces the statute of limitations for general negligence cases from four years to two years.

During the senate session on Thursday, Rep. Lori Berman, D-Boynton Beach, opposed the bill and said it’s a “gift to big businesses at the expense of our citizens and small businesses.”

“It’s a gift to negligent property owners, who will be able to shift blame to assailants to avoid compensating victims. […] This bill is a significant gift to big insurance companies,” Berman said.

“Under the leadership of Governor DeSantis, we have taken many steps to help keep Florida affordable for growing families and seniors. This legislation further those efforts striking the right balance and protect the rights of Floridians who suffer a loss, while at the same time safeguarding everyone else against the hidden costs of prolonged litigation,” Senate President Kathleen Passidomo said.

House Speaker Paul Renner said these reforms make our economy “more competitive and Florida more affordable for our citizens and businesses.”

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