Tort Reform Information

Tort Reform

HB 145 by Rep. Don Brown and its Senate companion SB 2006 by Sen. Dan Webster repeal the doctrine of joint and several liability and provide for meaningful tort reform in Florida.

>As a member of the Florida Justice Reform Institute (FJRI), the FICPA has fought for the repeal of the doctrine of joint and several liability for nearly a decade. This is a huge victory for the business community and CPAs across the state.  The FICPA supported this legislation because:

• Joint-and-several liability is an unfair concept that lumps together the most responsible and the least responsible parties named as defendants into one lawsuit and holds them financially responsible at the same rate;

• Under current Florida law, a CPA could be forced to pay 100% of damages for a claim even if they are only partially or minimally responsible;

• A fair and equitable justice system would dictate that if an individual or business is 25% at fault, they should be liable for 25% of the damages – not for 100% simply because they have deep pockets.

At 12:35 p.m. on Thursday, March 30 the Senate voted 27 to 13 to pass HB 145 the House passed the bill by a vote of 93 to 27 on March 16.  It was signed by Governor Jeb Bush on April 26.

HB 145

FICPA Legislative & Regulatory Policy

Actively participate in the legal process of the 1999 tort reform/liability insurance legislation, and encourage the Florida Legislature to enact further tort reforms, including, but not limited to, the following:

• Repeal or replace the doctrine of joint and several liability with reasonable thresholds at which proportionate liability becomes effective.

• Reasonably limit punitive damage awards.

• Establish a maximum or reduced level for contingent fees, such as attorney’s fees.

• Support a uniform statute of limitations for actions against CPAs based on one year from the date the alleged act, omission or neglect is discovered, or should have been discovered by the exercise of reasonable diligence. However, in no event shall the action be commenced later than three years after the service for which the suit is brought has been performed, or the date of the initial issuance of the accountant’s report on the financial statements or other information, whichever comes first.