Florida lawmakers are readying reforms aimed at frivolous lawsuits that target trucking companies and other small businesses. Gov. Ron DeSantis said in a Feb. 14 announcement that the measures include eliminating one-way attorney fees and fee multipliers, modernizing Florida’s “bad faith” law, and installing protections for trucking companies and others from exorbitant lawsuit damages. These moves, the state said, are to “disincentivize frivolous lawsuits and realign Florida’s insurance market to promote more competition.” DeSantis added, “We are working on a series of reforms to make the system better.”
Reacting to the news, Florida Trucking Association President and CEO Alix Miller said, “We are grateful that Florida leadership has been listening to the trucking industry. For too long, trucking has been a target for unscrupulous trial attorneys in Florida. We are confident that comprehensive tort reform legislation will balance out our court system to allow those truly harmed to be made whole while putting the brakes on frivolous lawsuits.” Gov. DeSantis said the legislation, which follows the enactment of property insurance litigation reform in December, will address flaws in the state’s legal system, which he called a “cottage industry” of litigation propelled by lawyers who advertise on interstates.
Under the proposed legislation, DeSantis’s office said the state’s “bad faith” law would be updated to incentivize good faith between both parties and promote the best interest of consumers. It would also:
- Protect small businesses from paying exorbitant damages when not primarily at fault.
- Set standards for awarding medical damages by requiring medical records, procedure codes, and information regarding health insurance reimbursement.
Joining DeSantis was former military veteran, prosecutor, and business attorney Paul Renner (R-Palm Coast), who said laws aimed at “bringing things into balance” would be introduced during the upcoming session. Senate President Kathleen Passidomo (R-Naples) spoke on behalf of attorneys providing sound legal representation and denounced “a few bad actors” who draw out cases for more fees. DeSantis supported updating the state’s legal system. Rob Sandlin, a 40-year veteran at Patriot Transportation Holding Inc. and former FTA board chairman, noted the state’s ranking as one of the worst for lawsuit abuse. His company’s insurance rates had skyrocketed 73% since 2018, with a 60% reduced coverage. He urged the court system to take a stance against inflated medical damages, which often forces non-faulty companies to settle.
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