Florida State Capitol Building Tallahassee FL USA. (Credit: Felix Mizioznikov/Adobe Stock)
Some Florida litigators are praising SB 7014, a state senate bill, as a tool to alleviate the stress frivolous lawsuits have imposed on the ability of the judiciary to decrease the case backlog.
The senate judiciary committee approved that bill which focuses on businesses in the health care area, that Zephyrhills Republican Danny Burgess brought as its chair. And lawmakers will determine whether that bill—and others—live or die in the upcoming legislative session.
The senate judiciary vote comes as the omicron variant of the coronavirus has made its way into the U.S., sparking renewed fears of increased hospitalizations and the shutdown of businesses as its health implications are not fully known.
Andrew Gordon, a labor & employment litigation partner with Hinshaw & Culbertson in Fort Lauderdale, said the bill does a great job in balancing the protections that businesses in the health care arena need. At the same time, the bill would require those same businesses to take the coronavirus-related mitigation measures to protect both their patients and employees.
"The outcome is businesses, here in Florida, will continue to have a very reasonable framework in which to operate without the constant fear of frivolous lawsuits," Gordon said, adding the law "increases the burden that potential plaintiffs would have to get past in order for their lawsuit to move forward in court."
However, Peter K. Spillis, partner at Kelley | Uustal in its Fort Lauderdale office, argued the bill would not affect the court backlog. He said in Florida, it is more difficult to bring in medical malpractice negligence actions than any other type of negligence matter.
"People have this notion that attorneys bring frivolous medical malpractice cases, and then somehow people throw money at them and are able to make money off these cases," Spillis said. "Nothing could be further from the truth."
The bill will extend the sunset provision, set to expire in March for 14, to the first day in June of 2023; and it will provide liability protections for health care providers that have complied in good faith with Sunshine State health standards in COVID-19 related matters.
The new measure would also continue the requirement in which plaintiff lawyers must allege facts in sufficient detail to satisfy each element of their claim. In addition, to prove gross negligence or intentional misconduct, there must be a heightened weight of evidence.
Now, it will be up to the Florida legislature when its 60-day legislative session kicks off Jan. 7, to move the bill to the finish line before the March 11 deadline.
Bruce Rogow. (Photo: MelanieBell/ALM.) Additional legislation includes a controversial Texas-style abortion bill brought by Deltona Republican Rep. Webster Barnaby. HB 167 would ban abortion once a fetal heartbeat is detected, usually around four to seven weeks after gestation.
If passed, the bill could immediately become law in the Sunshine State if the U.S. Supreme Court overturns Roe vs. Wade. Enforcement of the legislation would rely on citizens to file civil complaints against violators, and in return, prevailing plaintiffs would receive a monetary award.
Also on the plate is SB 620, which St. Augustine Republican Sen. Travis Hutson sponsored. Hutson's bill puts local governments on notice if their ordinances result in a business that has operated for three or more years, suffering a loss of at least 15% of revenue or profit. However, the bill provides exemptions for orders or declarations passed due to an emergency.
"Elected lawmakers and/or citizen approved decisions would be subject to thousands of businesses claiming monetary recoveries and enormous attorney fees from the governmental entity," Bruce Rogow, founding professor at Nova Southeastern University College of Law, said in an email. "It would have a chilling effect on local governments but would be a boon for lawyers helping to navigate the clumsy claims process."
Michael A. Mora
Michael was born and raised in South Florida. He went to undergrad at Florida Atlantic University and earned his master's degree from the Columbia University Graduate School of Journalism. He is the crypto litigation reporter for Law.com, as well as an editor for ALM Global. You can email him at [email protected].