HB 837 AND Florida Statute 768.0427 – Tort Reform Act effective as of 3-24-2023.

This law significantly changed personal injury, wrongful death, attorney fee claims in personal injury protection and first party insurance claims as well as insurer bad faith cases in this state.

The key points are :

• The statute of limitations is now 2 years instead of 4 years.
• Florida courts now use modified contributory negligence instead of pure comparative fault- this means that the claimant’s recovery is now reduced by his or her pro rata share of negligence unless your share is determined to be greater than 50% at fault, then he or she will be barred from recovery.
• Letters of Protection, and referral relationships between law firms and health care providers are no longer protected by attorney client privilege.
• Evidence offered to prove the amount of damages for past medical treatment or services in a personal injury or wrongful death action has been limited in many ways

Amendments to the Rules of Civil Procedure effective Jan 1, 2025- Rules that were amended were :

• Rule 1.110(d) – affirmative defenses
• Rule 1.820(g) – completion of the arbitration process, 1.820 (h) Notice of Rejection of Arbitration Decision and Request for Trial
• Rule 1.080(d) – Format of Filed Transcripts
• Rule 1.200 – Case management pre-trial procedure
• Rule 1.202 – conferral prior to filing motions
• Rule 1.280 – general provisions can governing discovery
• Rule 1.440 – setting action for trial
• Rule 1.460 – motions to continue trial
• Rule 1.510 – summary judgment

New laws that take effect July 1, 2025 and pertain to personal injury:

HB 85 – hazardous walking conditions, HB 593 – dangerous dogs, HB 1099 – Arrest Rules, HB 1525 – Rideshare Drivers, HB 1470 – School Safety

HB 351 — Dangerous Excessive Speeding

The bill creates a criminal offense for “dangerous excessive speeding” if a motor vehicle driver exceeds the speed limit by 50 miles per hour (mph) or more, or operates a motor vehicle at 100 mph or more in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle.

The bill provides that a person who commits dangerous excessive speeding is punished as follows:

• Upon a first conviction, up to 30 days in jail, a fine of $500, or both.
• Upon a second or subsequent conviction, up to 90 days in jail, a fine of $1,000, or both.
• A person convicted of a second or subsequent violation of dangerous excessive speeding within five years after the date of a prior conviction for such an offense must have his or her driving privilege revoked for at least 180 days but no more than one year.

The bill provides that any driver who commits an infraction for exceeding the speed limit in excess of 50 mph must appear before a designated official at a mandatory hearing.

The bill authorizes, rather than requires, an officer to indicate the applicable civil penalty on a traffic citation for infractions related to exceeding the speed limit by 30 mph or more, or 50 mph or more.