Florida must stay the course on lawsuit abuse reform

Over the last few years, Florida enacted landmark legislation that reined in abusive lawsuits, stabilized our insurance markets, and lowered costs for everyday families. Before these reforms, our court system was overwhelmed by frivolous lawsuits, which drove up prices across the state. Yet, these hard-won gains are now under threat of being rolled back by a new bill in the legislature, HB 947, which would turn back the clock on Florida’s progress.

Just a few years ago — before the legislature and Gov. Ron DeSantis took action — our insurance markets were in turmoil. Litigation practices drove up premiums and destabilized the entire legal system. There were no limits on billboard attorneys and no restrictions on the aggressive tactics used by their firms. The end result was skyrocketing costs for everyday Floridians in the form of a hidden tax amounting to $5,700 a year per household – all because of excessive litigation.

 Every time a small business is sued — even if they are not at fault — they are forced to raise their prices to pay for higher insurance premiums.

Taking on the powerful lawyer lobby — the very force President Donald Trump recently called “the strongest lobby in the world”— Florida enacted comprehensive tort reform in recent years that changed the game and leveled the playing field.

Under DeSantis’ leadership, Florida’s pro-freedom agenda and commitment to commonsense reforms have propelled the Sunshine State to earn top rankings for education and the economy. The Florida legislature then stepped forward and enacted a series of laws that have reversed years of insurance market instability. We passed significant home and auto insurance reforms that curbed excessive litigation, ended one-way attorney’s fees, and implemented commonsense consumer protections.

In just a few short years, consumers have reaped the benefits. For example, after our reforms, three of the top auto insurance companies in the state announced significant insurance rate decreases, “marking a dramatic shift from years of increases.” With consumers squeezed by high costs elsewhere, now is not the time to reverse course.

Trial lawyers’ loss was everyday Floridians’ gain. Now in response, they have launched a new effort that would not only undo the important reforms enacted over the past few years but bring us backward. We can’t unwind the progress we’ve made.

The reforms this legislature passed just a few years ago are under attack in the Legislature. HB 947 has been introduced in the House. This bill would undo critical reforms and take money out of the pockets of Florida residents. If the lawyer lobby has their way, HB 947 would take us back to a system where trial lawyers could abuse our legal system and drive up the cost of litigation. The end result? A higher cost of living and doing business in our great state.

Perhaps most concerning are the ways this new bill rolls back the transparency and certainty HB 837 brought with regard to medical billing. This new rollback legislation would remove the accountability in medical bills that legal reform brought to our system and increase consumer costs. Instead of juries basing their findings on the real costs of medical treatment, we would be right back to the fraudulent system of using inflated medical expenses. This would bring about higher costs for consumers.

Elsewhere across the country, states have followed Florida’s lead.

Last week, the Georgia Legislature passed Gov. Brian Kemp’s proposed legislation to end lawsuit abuse and level the playing field. With our neighbors making progress, Florida cannot afford to go back to the bad system of the past. That is exactly what would be ushered in if this rollback legislation passes the Florida Legislature.

Most importantly, Florida consumers and businesses cannot afford it.

If we roll back our successful efforts to end lawsuit abuse, the average consumer will lose out at the expense of the lawyer lobby. The Florida legislature must reject this new bill and say no to the special interests that would benefit at the expense of Florida families across our state.

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Travis Hutson previously represented SD 7 in the Florida Senate.

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