by Mike Sharkey
Staff Writer
Assigning a grade to the recent legislative session truly depends on whose perspective you are seeking. The City of Jacksonville may claim it, and the taxpayer, took a good whoopin’ while educators might say it was even worse.
Interestingly, the Florida Justice Association thinks the session went pretty well. According to FJA President-elect Tom Edwards of Peek Cobb Edwards & Ragatz, the session was a mixed bag of good bills that passed and bad bills that didn’t make the cut.
“I think we had reasonably good results,” said Edwards. “I’m not saying that from just the Florida Justice Association’s perspective. The entire court system fared fairly well. There were significant budget cuts that caused grave concern.
“Many people weighed in on the budget including our organization. We think the Legislature handled things well. There were just small cuts to the courts.”
If you think the “we” Edwards is referring to is the state’s trial lawyers, you’re right. However, Edwards contends that what’s good for the trial lawyers is ultimately good for a majority of the general public. Due to the nature of the trail lawyer profession, their goal is to help the layperson.
“There were good bills that passed that are good for the consumer and a number of bad bills that died,” he said. “Overall, we are pleased with the session.”
Edwards assessed the session by analyzing bills the trial lawyers viewed as good or bad for the consumer and whether that bill passed or not.
Bill: New Cause of Action: good legislation for consumers that passed.
Edwards: “One big measure that passed is a new cause of action that protects consumers from unscrupulous insurance practices regarding claims payment to homeowners and businesses.
“In the past, if a portion of a claim was under dispute, the insurance company could hold off paying the claim until the disputed issue was resolved. For consumers, this is tantamount to economic coercion that forced consumers to accept lower settlements to avoid the wait.
“The measure requires insurance companies to pay claims within 90 days or bad faith would apply.”
Bill: CSX Sovereign Immunity & Bailout: a bad bill for taxpayers that died.
Edwards: “In a bid to bring commuter rail services to Central Florida, the State would have bought 61 miles of CSX track. As part of the deal, the State would have indemnified CSX and absorbed liability for accidents that happened on this stretch of the tracks, leaving Florida taxpayers to pick up the tab when someone was injured due to CSX’s negligence.”
Bill: Nursing Home Transparency & Accountability: A good bill for consumers that died.
Edwards: “Would have made nursing home ownership during licensure process more transparent.
“A growing number of Florida for-profit nursing homes operate behind a veil of secrecy, allowing private equity firms that own them to conceal ownership and hide other aspects of their business, which poses a safety concern to residents and regulators.”
Bill: Emergency Care Sovereign Immunity: A bad bill for consumers that died.
Edwards: “Would have given emergency room healthcare providers and hospitals sovereign immunity from medical malpractice by imposing a $100,000 cap on all damages.”
Edwards said over the course of the session he spent a lot of time in Tallahassee, lobbying lawmakers at every level.
“The first nine weeks I was there three or four days a week,” said Edwards. “The last two weeks, I was there for the full week. Keeping the practice going is difficult. Fortunately, I have good people to rely on.”