Florida HB 837: A Political Stunt or Legitimate Civil Justice Reform?

Authored by: Jessica S. Zelitt

Abstract:

During Florida’s 2023 legislative session, the state legislature passed several high-profile bills, addressing a variety of social and political issues.  Sandwiched amongst this highly publicized avalanche of legislation was a comprehensive tort reform bill, HB 837: Civil Remedies, which was passed by the legislature and signed by Governor DeSantis on March 24, 2023.  Although not receiving as much publicity as some of the other new enactments, HB 837 made waves in the Florida legal community.

With the stated goal of stabilizing the state’s insurance market, the bill contained numerous sweeping provisions aimed at overhauling the Florida civil justice system.  Specifically, HB 837 codified several common law tort principles and also changed the existing liability apportionment scheme in tort, limited bad faith claims against insurers, modified premises liability rules, and limited attorney’s fee awards.  The bill also affected the admissibility of evidence relating to medical damages in personal injury and wrongful death cases, placing limits on the admissibility of charges for medical care.

After signing the legislation, Governor DeSantis commented: “Florida has been considered a judicial hellhole for far too long and we are desperately in need of legal reform that brings us more in line with the rest of the country.”  Other Florida lawmakers have praised the bill, claiming it “strik[es] the right balance” between safeguarding the public from “the hidden costs of prolonged litigation” while still providing legal recourse for individuals who have been injured.  These lawmakers tout the law as aiming to reduce and prevent “frivolous” lawsuits.

Of course, HB 837 has also faced backlash.  The Florida Justice Association opposed the bill, with President Curry Pajcic claiming that the bill “weakens accountability for insurance companies and multi-billion-dollar corporations by creating roadblocks to the ability of average Floridians to be able to access the courts.”  Other critics of the legislation took issue with the bill’s focus on plaintiffs lawyers, and its lack attention to the complicity of insurance companies in increasing premiums throughout the state.

This Article focuses on the changes that HB 837 has made to the Florida civil justice system and attempts to predict and anticipate the impacts of these changes.  Moreover, it addresses potential challenges these enactments may face, and evaluates their likelihood of success.  Overall, this Article challenges the legitimacy of tort reform as a movement, utilizing Florida’s HB 837 as a framework.