The Capitolist – Florida Justice Reform Institute

Fla. bill to undo ‘23 liability reform passes House panel

February 4, 2026/in The Capitolist

by The Center Square | Feb 4, 2026

A Florida House panel last week advanced a bill that would reverse a key 2023 tort reform that provides a presumption for multifamily residential property owners against negligence liability claims when they implement specific anti-crime measures.

Current law provides owners or operators of apartment buildings or condominium projects a presumption against security liability claims when they provide crime-prevention training for employees and install equipment to reduce violent crime, such as security cameras, lighted parking areas, lighted walkways and common areas, and one-inch deadbolts. But House Bill 1423, sponsored by Rep. Michelle Salzman (R-Escambia County), would remove the presumption under certain circumstances.

Under the bill, the owner or operator could lose the liability presumption when two or more serious crimes, such as murder, robbery, sexual battery or firearms offenses, are reported to the owner or operator within two years of a specific liability claim.

The measure passed the Civil Justice & Claims Subcommittee Jan. 29 by a vote of 14-3, despite tort-reform supporters’ testimony against the HB 1423. Groups such as the Florida Justice Reform Institute (FJRI) and the Florida Chamber of Commerce opposed the bill, while the Florida Justice Association, which represents trial attorneys, supported the measure, arguing that it is needed to restore balance and clarity in negligent security cases.

The current law “creates a presumption that unfairly handicaps victims of violent crimes in apartments, dorms, condominiums and other multifamily residents,” Laura Youmans, the association’s legislative and government affairs director, told the subcommittee. She added that juries deciding legal actions filed by crime victims should be able to consider properties’ histories of violent crimes.

But attorney Daniel Santaniello, speaking on behalf of the FJRI, called the bill vague and overbroad, arguing that it would punish multifamily residential property owners who have invested tens of thousands of dollars on security measures in the wake of the 2023 reform.

“This bill, as amended, takes away that (liability) protection,” Santaniello told lawmakers.

The measure’s language about “reported” crime incidents is simply not workable because there are no requirements for police reports or specifics on reporting, he said.

Critics have also pointed out that the 2023 reform was put in place in the wake of spiking insurance costs facing the owners and operators due to premises liability claims, which allege unsafe conditions or seek damages as a result of third-party criminal acts on the property..

“What this Legislature did in 2023 was landmark and needed for the people of the state of Florida,” Santaniello said.

The state House of Representatives’ analysis of the bill indicates that the bill could have negative economic effects on multifamily residential property owners and their insurers.

“By narrowing the circumstances under which an owner or operator may invoke the protective liability presumption, the bill effectively increases their potential exposure to premises liability claims,” the analysis states. “As a result, insurers may view multifamily residential properties as higher-risk, which could lead to higher insurance premiums.”

William Large, the FJRI’s president, told The Florida Record in an email that HB 1423 threatens to dismantle reforms signed into law by Gov. Ron DeSantis.

“Previously, the governor established a ‘safe harbor’ for multifamily residential property owners, granting them a presumption against liability for third-party criminal acts if they implement specific, enumerated security measures,” Large said. “Rep. Salzman’s bill takes away that presumption if someone complained to an owner or principal operator about an unrelated crime.”

Critics of the bill have also argued that the measure could create disincentives to building needed new housing for Florida residents.

“It is a shame that this legislation is being pushed, since the governor’s reforms have done an incredible amount of good to make our apartments and condominiums safer,” Large said.

https://thecapitolist.com/fla-bill-to-undo-23-liability-reform-passes-house-panel/

House, Senate show differences on COVID-19 liability bills

March 4, 2021/in The Capitolist

House, Senate show differences on COVID-19 liability bills

by News Service of Florida | Mar 4, 2021

TALLAHASSEE — The push to fast-track legislation to protect Florida businesses from COVID-19 litigation continues to be bumpy.

While Tuesday was just the first day of the 2021 legislative session, Republicans in the House and Senate showed signs they continue to go in different directions on the sweeping proposals.

In January, GOP lawmakers released identical proposals to protect non-health care businesses from lawsuits related to COVID-19 deaths or injuries.

But Senate Judiciary Chairman Jeff Brandes on Tuesday told The News Service of Florida that he plans to expand the Senate’s version of the COVID-19 business liability bill (SB 72) to include protections for health-care providers, such as nursing homes and assisted living facilities. Those protections have been contained in another bill (SB 74) — and the House has moved forward with separate proposals for general businesses and health-care providers.

“I think the key is that we are focused on one singular issue,” Brandes, R-St. Petersburg, said, adding that he plans on rolling his proposals into one bill when the Senate Rules Committee considers the issue.

But that could prove controversial.

Among other things, the health-care bill provides broad immunity protections, including providing immunity to nursing homes, assisted living facilities, hospitals and physicians if “supplies, materials, equipment, or personnel necessary to comply with the applicable government-issued health standards or guidance at issue were not readily available or were not available at a reasonable cost.”

The House’s proposed health-care liability protections (HB 7005) do not include a similar provision. The House Pandemics & Public Emergencies Committee voted 12-6 to approve that bill Tuesday evening.

Meanwhile, the full House is scheduled Thursday to take up its version of the bill (HB 7) that would provide liability protections to non-health care businesses. It likely will be one of the first two bills to get approval from the House during this year’s session.

Brandes made his remarks after the Senate Commerce and Tourism Committee voted 7-4 along party lines to approve the Senate bill focused on non-health care businesses. Members of the committee debated — and shot down —a spate of amendments offered by Democrats, including several proposed by Sen. Jason Pizzo, D-North Miami Beach.

For example, one Pizzo amendment would have deleted part of the bill that would allow judges to decide whether defendants made good-faith efforts to “substantially comply” with health standards or guidance issued by authorities. If judges determine that good-faith efforts were made, lawsuits would be precluded from going forward. An attorney, Pizzo argued that the provision would make judges the arbiter of facts and not the arbiter of law.

Pizzo also proposed an amendment that would have deleted a requirement that plaintiffs prove by “clear and convincing evidence” that defendants were “at least grossly negligent.” The Pizzo amendment would have maintained a current standard for personal injury lawsuits, which is proof by a greater weight of the evidence.

The committee also rejected an amendment by Sen. Annette Taddeo, D-Miami, that would have mandated businesses that want to tap into the liability protections to post signs at entrances advising customers that the businesses are “not liable for transmission or exposure of COVID-19.”

“I think the consumer needs to know that they are walking into a location that is fulfilling all the parts of this bill to protect themselves from liability,” Taddeo said in support of her amendment. “And that’s all I am asking for: a sign at their door.”

While the Senate panel rejected all of the proposed amendments, the Senate bill is different from the House version for non-health care businesses. That’s because the House Judiciary Committee last month changed the House bill to make clear that if different guidelines and standards were in effect at the time plaintiffs were allegedly infected with COVID-19, businesses would only have needed to comply with one of the standards to get liability protections.

“Adding this to the Senate bill would perhaps add some clarity to this issue as the bill moves forward,” said Florida Restaurant & Lodging Association General Counsel Samantha Padgett.

While Republican leaders have made liability protections a top priority, critics noted that the state has not seen a flood of COVID-19-related lawsuits against businesses.

But proponents of the legislation argue that the numbers of lawsuits filed is misleading. William Large, president of the Florida Justice Reform Institute, testified that he is aware of 53 potential lawsuits based on the number of presuit notices businesses have received.

National Federation of Independent Business lobbyist Tim Nungesser said the Senate bill would provide much-needed protections to businesses during the pandemic.

“I would submit to you this bill in front of you is a COVID-19 vaccine for small businesses,” Nungesser said. “We know that vaccines are meant to be given to folks to protect them so they don’t get sick. This bill in front of you protects small business owners so they don’t get sued in a frivolous way.”

But some critics argue that business groups have unsuccessfully pushed for lawsuit limitations for years and that the pandemic has made it convenient for lawmakers to grant them their wish.

Florida AFL-CIO lobbyist Rich Templin said local unions have been working with businesses since the beginning of the pandemic for worker protections. Sometimes the unions have been successful in getting businesses to agree to mask requirements and other safety steps, but sometimes they aren’t successful.

“We now have a bill that makes every lawsuit frivolous. This really doesn’t seem to be in the best interest of the working people,” Templin said. “There seems to be this assumption that lawyers are just evil devils and workers are just freeloaders looking to sue and the business community is just saints and angels. And that’s just not the reality of what we’re experiencing as advocates of working people each and every day.”

https://thecapitolist.com/house-senate-show-differences-on-covid-19-liability-bills/

ATRA credits Ron DeSantis for improving Florida’s legal environment in latest report

December 8, 2020/in The Capitolist

ATRA credits Ron DeSantis for improving Florida’s legal environment in latest report

by Jordan Kirkland | Dec 8, 2020

For the second year in a row, Florida avoided the official “Judicial Hellhole” title, according to an annual report conducted by the American Tort Reform Foundation (ATRF).

The national report is good news for Florida, which continues to make progress in the area of tort reform. The non-partisan group removed the Sunshine State off of the list last year but will keep Florida on its “Watch List,” with many areas still needing to be addressed by Florida lawmakers.

“Florida is one of the states hit hardest by COVID-19, and the repercussions of the virus are amplified by the legislature’s inaction in protecting small businesses and curbing lawsuit abuse,” American Tort Reform Association (ATRA) President Tiger Joyce said. “Especially in south Florida, out-of-control legal advertising and trial attorney abuse of ‘letters of protection,’ bad faith laws, and assignment of benefits threaten to set back any progress that has been made in cleaning up Florida’s courts.”

ATRA noted in their report that the state is still plagued by bad faith laws, “no-fault” personal injury protections, crippling lawsuit abuse, and skyrocketing attorneys’ fees.

“COVID-19 highlighted which states are committed to supporting their small businesses and the thousands of jobs they contribute to local economies,” Joyce said. “While Florida made progress this year in cleaning up its courtrooms, its problems could grow dramatically in 2021 if lawmakers again fail to prioritize a responsible pandemic recovery. This begins with the small business community and continues with additional legal reforms to push back against an aggressive trial bar and rein in lawsuit abuse.

The watchdog group did, however, credit Governor Ron DeSantis for improving the state’s legal environment, noting that Florida moved off the list last year and stayed off of it this year, “as a direct result of Governor Ron DeSantis’s thoughtful and decisive leadership” with respect to his Florida Supreme Court appointments.

“Florida was removed from the Judicial Hellholes ranks and moved to the Watch List last year, thanks in large part to Gov. Ron DeSantis’s, R, leadership on improving the state’s civil justice system. Most notably, his appointments to the state Supreme Court have reshaped the state’s judicial system and set it on a path toward becoming more balanced,” ATRA said in a press release.

The Florida Justice Reform Institute agreed with ATRA’s assessment, touting the Governor for making tort reform a top priority since taking office.

“Governor DeSantis is single-handedly pulling Florida out of its judicial hellhole,” said William Large, president of the Florida Justice Reform Institute.

“Under Governor DeSantis, Florida’s legal environment is now making national headlines for the right reasons,” Large continued. “Governor DeSantis was spot on when he said that Florida’s legal system should compensate real injuries and resolve real disputes, and not be used as a game.

“ATRA was right to commend Governor DeSantis, and they’re right to call on the Legislature to follow the Governor’s courageous lead and fix the laws before the games get to the Supreme Court in the first place.”

To view the full report, click here

https://thecapitolist.com/atra-credits-ron-desantis-for-improving-floridas-legal-environment-in-latest-report/

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