Florida Tort-Reform Advocates Say Legislative Wins Under Attack

By The Center Square

Florida tort-reform supporters pressed their message about the economic costs of excessive litigation during Lawsuit Abuse Awareness Week while conceding that the passage of additional reforms to route out injustices in the civil justice system was unlikely in 2026.

Tom Gaitens, executive director of Florida Citizens Against Lawsuit Abuse (CALA), said Florida CASA’s advocacy activities during the Oct. 6-10 event honed on highlighting the legal-reform successes achieved in the state in 2022 and 2023, when legislation was enacted to reduce frivolous lawsuits and put an end to predatory litigation. The measures signed into law by Gov. Ron DeSantis included the elimination of one-way attorney fees and fee multipliers in insurance litigation, modifying the definition of “bad faith” practices and providing more accurate standards in the calculation of medical damages in injury cases.

But during the course of the past year, tort-reform supporters have been on the defensive in fighting efforts to backtrack on legal reforms, according to Gaitens. They also worked to stop legislation – dubbed the “Free Kill bill” – that would have potentially expanded wrongful death litigation by expanding the circumstances when family members can file medical-malpractice claims for noneconomic damages.

“We are not confident the Legislature will advocate for any tort reform that will aim to benefit the civil justice environment, with the goal to rein in frivolous lawsuits in Florida, during the 2026 session,” Gaitens told the Florida Record in an email. “They showed last session that their goals align with the trial lobby at the current time.”

He pointed out that the American Tort Reform Association placed the Florida Legislature on a “watch list” as a result of lawmakers’ multiple efforts to repeal parts of the 2022-2023 legal reforms.

“We are not optimistic that (House Speaker Daniel Perez, D-Miami) will prioritize additional reforms building on the successes of prior reforms,” Gaitens said. “We do expect more attempts to weaken the improved civil justice landscape. There is already a ‘Free Kill bill’ campaign building on their (trial bar) efforts from last session.”

Evidence of the success of past tort reforms abounds, according to Gaitens. On the subject of lawsuits dealing with auto glass replacement, the number of legal filings plummeted from more than 24,000 in the second quarter of 2023 to less than 2,700 one year later, he said.

Such trends have helped to attract 17 new insurers into the Florida market and reduced the policies held by the state-run Citizens Property Insurance Corp. by hundreds of thousands, according to Gaitens.

“Fairness is at the heart of a just society, and lawsuit abuse threatens to erode that fundamental value,” he said.

Misuses of the civil court system result in what reform advocates call a “tort tax” that hits especially hard on consumers and small businesses, according to Gaitens. A CALA report published in 2024 indicated that the annual tort tax per resident in Tampa is $1,375 per resident; Orlando, $1,396; and Miami-Dade, $2,134. Excessive civil litigation also results in tens of thousands of job losses in each of the three metro areas, the report concluded.

“We’re advocating for a more balanced civil justice system that serves all Floridians, not special interests and the trial lobby,” Gaitens said. “By creating a more balanced legal landscape now, we can preserve the integrity of our civil justice system for future generations. Our state Legislature should build upon these successes.”