If a court finds you 10 percent at fault, should you pay for 100 percent of the damages? Florida’s current legal system allows those with “deep pockets” to pay a disproportionate amount in damages in a legal case when the other parties are unable to pay their share.

If you would like to see meaningful legal reform in Florida, the Florida Institute of CPAs (FICPA) cordially invites you and your staff to attend the “Lawsuit Abuse Reform Rally” in Tallahassee on Tuesday, March 15, 2005 from 10 a.m. to noon in the Capitol Courtyard. Governor Jeb Bush will address the group and is expected to roll out his priorities for legal reform.

The FICPA is arranging shuttle transportation to and from the rally. If you plan to attend, please respond to Jennifer J. Green, CAE, FICPA Director of Governmental Affairs by calling 224-2727, Ext. 201, or e-mailing govaffairs@ficpa.org.

How Does This Issue Affect CPAs?

The Florida Institute of CPAs (FICPA) Board of Governors voted in December 2004 to once again encourage the Florida Legislature to enact further civil justice reforms, including, but not limited to replacing the doctrine of joint and several liability with proportionate liability.

By abolishing joint and several liability and replacing it with proportionate liability, CPAs and other defendants will be liable to pay only that portion of the damages for which they are directly responsible. This will eliminate the situation of one or two defendants, who may have been minimally at fault, being required to pay entire damage awards.

The Florida Justice Reform Institute - The FICPA has, since 1997, sought legal reform in Florida. Now, the FICPA along with many other members of the business community have joined forces under the umbrella of a separate organization devoted completely to legal reform in Florida – the Florida Justice Reform Institute (FJRI).

Governed by a Board of Directors comprised of many of Florida’s leading CEOs and key trade and professional associations, the FJRI has partnered with national and state groups promoting a pro-reform agenda. The FJRI’s mission is to restore fairness, equality, predictability and personal responsibility to Florida’s civil justice system.

Under the FJRI umbrella, trade and professional groups have joined the the Association Working Group. Chaired by FICPA CEO-Executive Director Lloyd “Buddy” Turman, CAE, the FJRI’s Association Working Group is seeking to energize their respective members.

Governor Weighs In With His Support - In a joint meeting of the Florida House and Senate, Governor Jeb Bush gave his State of the State address to begin the 60-day regular legislative session. Governor Bush gave his strong support of legal reform noting, “We need meaningful tort reform, and we need it now. We must eliminate joint and several liability in Florida, so that people and businesses pay for the injury or loss they cause according to responsibility, rather than financial ability.”

Bush referred to the U.S. Chamber Institute for Legal Reform that ranks states according to fairness of their legal systems noting that, “based on a Harris interactive survey of 1,400 corporate counsels. In 2004, Florida ranked 38th. This year we dropped to 42nd. At this rate, we’ll be dead last in two years.”

He went on to say, “The problem is not limited to business owners, it affects everyone who holds a job or makes a purchase. Spiraling litigation costs limit job creation. They limit employee benefits and wages for working Floridians, and they are passed along in higher prices to consumers.” (to view the Governor’s full speech, please visit the FICPA's Web site).

We Need To Hear From You - Please join us for the “Lawsuit Abuse Reform Rally” in Tallahassee on Tuesday, March 15, 2005 from 10 a.m. to noon in the Capitol Courtyard. Businesses and individuals from across Florida will unite to help curb lawsuit abuse. It is anticipated that the Governor, the Cabinet and members of the Legislature will attend.

In the meantime, we also need you to complete a lawsuit abuse survey outlining your concerns. Please click here, complete the survey and fax it in as soon as possible. In the event you have any technical problems in downloading the survey, please e-mail sections@ficpa.org.

For more information or to RSVP to attend the rally, please e-mail Jennifer J. Green, CAE, FICPA’s Director of Governmental Affairs at govaffairs@ficpa.org, or call (850) 224-2727, Ext. 201.