On Feb. 22, HB 145 by Rep. Don Brown, R-DeFuniak Springs, passed the House Justice Council by an 8-2 vote. If passed by the Legislature, this bill would delete exceptions to a requirement for liability based on percentage of fault (proportionate liability) instead of joint and several liability. This bill is now headed to the floor of the House for a full vote. Its Senate companion, SB 2006, by Sen. Dan Webster, R-Winter Garden, was filed on Feb. 13, but has yet to be referred to any committees.
The FICPA’s policy is to 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:
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Repeal or replace the doctrine of joint and several liability with reasonable thresholds at which proportionate liability becomes effective.
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Reasonably limit punitive damage awards.
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Establish a maximum or reduced level for contingent fees, such as attorney’s fees.
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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.
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Support caps on appeal bonds.
Simply said, those who are sued should pay the percentage of the judgment they are assessed.
To view a copy of the bills, go to:
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