Florida’s Civil Remedies Bill: Major Tort Reform Legislation Signed Into Law Today

Florida Governor Ron DeSantis, signed into law a major legislative tort reform package this afternoon.  While DeSantis had from today, March 24, 2023, when he was presented House Bill 837 (companion to Senate Bill 236), until March 31st, to sign it, he immediately signed into law.

Civil Remedies, as the bill has been referred to: changes the pure comparative negligence framework to a contributory fault system; standardizes the evidentiary threshold necessary to prove damages for medical expenses in certain civil actions; imposes requirements for certain disclosures with respect to claims for medical expenses for treatment rendered under letters of protection; reduces the statute of limitations for negligence actions; levels the playing field for insurers in bad faith actions; and grants property owners a presumption against liability in certain negligent security matters.  

Tens of thousands of new negligence lawsuits were filed throughout Florida’s courts over the past week ahead of the signing of the law, since it was drafted to take effect immediately.

Some of the more significant changes under the new law are discussed below.   

Florida will now move from a pure comparative negligence system to a modified comparative negligence system. Under the current pure comparative negligence framework, a claimant’s recovery is reduced in proportion to the percentage of fault, if any, that his or her actions or inactions contributed to the damages or injuries sustained.  Additionally, a defendant can further diminish its liability to the claimant based on the comparative fault of others.  Under the new contributory fault system, a plaintiff found to be greater than 50 percent at fault for his or her own harm may not recover any damages (except in an action for damages for personal injury or wrongful death arising out of medical negligence).  

The statute of limitations in negligence actions has now been shortened from four (4) years to two (2) years.

The new law also broadens what evidence is admissible at trial to prove the reasonableness of medical treatment and expenses. Evidence offered to prove the amount necessary to satisfy unpaid charges will be limited to the amount the health care provider is obligated to pay should the claimant have health care coverage other than Medicare or Medicaid.  

  • If a claimant has health care coverage and receives treatment under a letter of protection, the claimant will only be able to board the amount the claimant’s health care coverage would pay the medical provider to satisfy the past unpaid charges under the insurance contract or applicable regulation.

  • If the claimant does not have health care coverage or maintains health care through Medicare or Medicaid, evidence offered at trial will be limited to one-hundred and twenty percent (120%) of the Medicare reimbursement rate in effect on the date of the incurred treatment or one-hundred and seventy percent (170%) of the applicate state Medicaid rate.

  • Further, in personal injury actions and wrongful death actions, as a condition precedent to asserting any claim for medical expenses rendered under a letter of protection, the claimant must disclose the letter of protection and an itemized billing ledger for the claimant’s medical expenses.

Florida’s bad faith law has also undergone significant changes.  HB 837 mandates that mere negligence alone is insufficient to constitute bad faith in both statutory and common-law actions. Moreover, it imposes a duty on the claimant and the claimant’s attorney to act in good faith when furnishing information regarding the claim, issuing demands, setting deadlines, and attempting to settle with an insurer.  HB 837 also creates an immunity defense in bad faith actions where the insurance carrier tenders either the lesser of the policy limits or the amount demanded by the claimant within ninety (90) days after receiving actual notice of a claim that is accompanied by evidence to support the amount at issue.  Finally, HB 837 creates a mechanism for the distribution of insurance proceeds when two (2) or more claimants make competing claims stemming from a single occurrence and the amount sought exceeds the available limits. In the aforementioned situation, the carrier can file an interpleader action or enter binding arbitration.

Lastly, HB 837 provides apartment and other multi-family housing property owners a presumption against liability when a plainitff is injured in connection with certain criminal acts that occur on the premises, if the property owner takes certain precautions, such as having video monitoring, lighting, entry FOBs, and other security measures.

We anticipate many challenges to this new law in the Courts over the coming months, and will continue to provide updates as to how this legislative change impacts claims and litigation in Florida.

Callahan & Fusco’s attorney team is prepared to answer any questions you may have about the changes brought on by this new law and Florida matters in general.