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Legislative Success

Where do your EAGLE Dollars Go?

Contributions made to EAGLE provide the critical tools necessary for the FJA to protect Florida’s civil justice system though legislative and political activities.

FJA’s legislative team is the civil justice system’s last line of defense. The assistance of our EAGLE contributors has ensured that the FJA has been successful in defeating hundreds on anti-consumer bills every legislative session in order to protect your clients’ rights and your practice.

The Florida Justice Association is relentless in the pursuit of justice.


PROACTIVE MEASURES FJA SUCCESSFULLY ADVANCED

Sovereign Immunity Waiver – Increased to $200,000 per person and $300,000 per incident – see above.

Child Safety Waivers - Allows a parent to waive liability related only to an inherent risk of an activity – negligence cannot be waived. Ever since the Kirton decision over two years ago, FJA has been engaged in a pitched battle with industry giants like Walt Disney World to protect the rights of Florida’s children and keep them safe from negligent businesses.

Statute of Limitations - Sexual Battery - This bill eliminates the statute of limitations on sexual battery cases for children assaulted when they were under the age of 16. Under this proposal there will be no time limitation on when someone charged with sexual battery of a child could be tried and convicted in court or when a victim can bring a civil action based on the assault.

Background Screening - This bill tightens screening of caregivers for children, seniors and disabled people.


ANTI-CONSUMER MEASURES FJA KILLED OR MITIGATED

Medical Malpractice Emergency Care Sovereign Immunity - Stopped legislation that would have deemed all health care providers & facilities delivering emergency health care as agents of the state for the purposes of cloaking them with sovereign immunity.

Crashworthiness - Stopped legislation that would have reversed the D’Amario decision and would have required comparing the fault for the initial crash with the fault of the manufacturer in second impact of enhanced injury cases.

Auto Insurance - Stopped a PIP measure that would have forced people injured in an automobile accident to see the insurance company’s hand-picked doctors who will ultimately testify as experts against the insured. Our hard-working lobby team was able to block last minute efforts to attach this anti-consumer provision onto several bills.

Medical Malpractice Presumption of No Negligence - Removed a provision from a health regulation bill that would have given hospitals that have infection control “plans” a presumption that they were not negligent when patients contract infections while under their care.

NICA - Stopped a last minute amendment that would have vested sole jurisdiction for NICA appeals in the First District Court of Appeals in Florida.

Architect/Engineer Immunity – Amended to provide only a limited tort immunity to design professionals in contract disputes over economic damages for construction defects. The immunity does not apply to personal injury cases.

Chinese Drywall Immunity - Stopped attempt to immunize contractors when they replace defective reactive (Chinese) drywall.

Property Insurance - Amended a property insurance bill that would have prevented homeowners from getting prompt payment of replacement cost coverage, even though the homeowner paid extra for this benefit; Amended the bill to retain certification by insurance companies’ CEOs of the truthfulness of rate hike applications; Even amended, this bill is unfair to many Florida homeowners and would allow insurance companies to increase rates up to 10% without regulatory oversight. The FJA will ask Governor Crist to veto this bill.

Insurance Third Party Bad Faith - As always, we worked to thwart any attempts by the insurance industry to eliminate or weaken Florida’s insurance bad faith laws.