Lawmakers move bill limiting lawsuits

TALLAHASSEE — The Florida Senate plans to move quickly on a wide-ranging bill aimed at shielding businesses and insurers from lawsuits, a measure certain to set off a lobbying war in Tallahassee between businesses and lawyers.

The Senate Banking and Insurance Committee is scheduled Tuesday, the first day of the regular session, to take up the bill (SB 236).

Sen. Travis Hutson, R-St. Augustine, filed the bill Thursday. It largely mirrors a controversial bill (HB 837) that started moving through the House last week.

While business and insurance groups have long sought such changes, attorneys and other opponents contend they would harm people who deserve to be compensated for wrongdoing by companies.

The Senate bill (SB 236), filed by Sen. Travis Hutson, R-St. Augustine, includes some differences in details from the House version (HB 837).

But big picture, they both would make changes such as:

Eliminating one-way attorney fees that have long required insurers to pay the attorney fees of plaintiffs who are successful in lawsuits. Lawmakers in December eliminated one-way attorney fees in lawsuits against property insurers, but the bills would extend that to other lines of insurance, such as in auto-insurance cases.

Reducing from four years to two years a statute of limitations for filing negligence lawsuits.

Revamping laws about “comparative negligence.” Under current law, juries determine each party’s percentage of fault in negligence lawsuits, with damages awarded based on the percentages.

For example, if a plaintiff is determined to be 60% at fault and a defendant is 40% at fault, the defendant would be required to pay 40% of the damages amount. But under the bills defendants would effectively have to be at least 51% at fault before they could be forced to pay damages.

Making it harder to pursue “bad-faith” lawsuits against insurers. Generally, bad-faith cases involve allegations that insurers did not properly handle and settle claims and can be costly for insurers.

Revising laws about evidence of medical expenses that can be admitted in court in personal-injury and wrongful-death lawsuits.

The House Civil Justice Subcommittee last week approved the House version of the bill after more than four hours of discussion and public testimony.

After last week’s meeting House Speaker Paul Renner, R-Palm Coast, held a news conference that included leaders of groups such as the Florida Chamber of Commerce, Associated Industries of Florida, the National Federation of Independent Business, the Florida Retail Federation and the Florida Trucking Association.