MAJOR CHANGES TO FLORIDA TORT LAWS PROPOSED IN THE HOUSE

A day after Florida Gov. Ron DeSantis vowed to end “a cottage industry of litigation”, House leaders filed a major “tort reform” proposal.

HB 837 was filed on February 15 by House Judiciary Chair Tommy Gregory, R-Lakewood Ranch.  Before reaching the House floor, the measure will stop at the Judiciary and the Civil Justice Subcommittee.

At a Jacksonville press conference the day before, DeSantis said “You have a lot of use of the legal system that’s been put toward not benefiting someone in the system.”

Florida’s leading business groups responded to the press conference with a barrage of statements.  Florida Chamber of Commerce President and CEO Mark Wilson stated that “Florida’s bottom-five legal climate is hurting local businesses.”

Associated Industries of Florida CEO and President Brewster Bevis exclaimed that “Florida’s current tort climate is one of the top challenges facing businesses in every industry and every corner of our state.”

In a press release, DeSantis called for “eliminating one-way attorney fees and fee multipliers for all lines of insurance, modernizing Florida’s ‘bad faith’ law, and protecting small business from paying exorbitant damages.”

Michael Carlson, Personal Insurance Federation of Florida CEO called the bill “monumental.”  He said “This tort reform package is the most consequential in decades.”

Curry Pajcic, President of the Florida Justice Association and Jacksonville Attorney called the proposal “an insurance company giveaway.”

“The governor wants to make this a good business environment for everybody, and we agree with that,” Pajcic said.  “But this has gone way too far.  It is terrifying the rights they are trying to take away.”

Pajcic suggests that severely injured patients could see their medical expenses capped at 140% of the Medicaid rate.  Curry said “We are not going to let a jury decide the value of your medical bills, we, the government, will tell you the value of your medical bills.”

Another provision could repeal the section of Florida law requires insurers to pay a policy holder’s attorney fees and costs if a court determines the company underpaid a claim or unfairly denied one.

HB 837 passed and became law as Chapter 2023‑15, fully effective March 24, 2023.

It introduced sweeping tort‑reform measures affecting statutes of limitations, comparative‑fault standards, attorney‑fee awards, bad‑faith litigation, medical‑expense evidence, and premises‑liability doctrines.

Legislative Status

• Introduced in the Florida House on February 15, 2023
• Passed the House on March 17, 2023 (80 yeas – 31 nays)
• Passed the Senate on March 23, 2023 (23 yeas – 15 nays)
• 
Signed into law by Governor DeSantis on March 24, 2023
• 
Enacted as Chapter No. 2023‑15, effective March 24, 2023

Key Reforms Introduced from the changes to florida tort laws:

1. Statute of Limitations Shortened

   • General negligence claims dropped from 4 years to 2 years (medical and wrongful death actions are excluded). Applies prospectively to actions accruing or filed after March 24, 2023

2. Shift from Pure to Modified Comparative Negligence

   • Plaintiffs now must be less than 50% at fault to recover damages—aligning with other states. This excludes medical‑negligence cases.

3. Attorney Fees—“Lodestar” Presumption

   • Establishes a rebuttable presumption that the lodestar method (hours × rate) is sufficient and reasonable. Limits one‑way attorney fee awards in insurer cases; allows fee recovery only in specific declaratory‑judgment scenarios.

4. Bad-Faith Claims Overhaul

   • Bad‑faith cannot be established by negligence alone. Insurers may avoid liability by paying policy limits or depositing funds within 90 days. Courts can consider whether claimants acted in good faith.

5. Evidence on Medical Expenses Curtailed

   • Only actual paid amounts can be admitted for past medical expenses—not billed charges. For unpaid future expenses:

     • 120% of Medicare rates or 170% of Medicaid rates, or

     • Allowed commercial insurance amounts or reasonable values if uninsured.

6. Premises Liability & Security Presumptions

   • Multifamily property owners with specified security measures get a presumption against liability for criminal acts by third parties, unless rebutted. Additionally, courts must consider the fault of all contributors (including criminals) in negligent‑security cases

If you have questions or concerns about the changes to Florida tort laws, we’re happy to help.

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