from staff
The Florida Senate passed four bills that resolve legal reform issues affecting Florida businesses, including the Transparency in Private Contracting Act and bills related to slip-and-fall litigation, parental authority for signing waivers and sovereign immunity. These bills are among Associated Industries of Florida’s top legal reform priorities for the 2010 legislative session.
“Thanks to President (Jeff) Atwater’s pledge to resolve these matters early in the session, senators can now focus their attention on other pressing issues, such as job creation, the budget and education,” said Barney Bishop III, president and CEO of AIF.
Transparency in Private Contracting Act (SB 712/HB 437)
The legislation establishes fairness in contracting for legal representation of the State of Florida. It puts limitations on contingency fee awards to private law firms, exclusive of costs and expenses of the litigation. Additionally, it creates an open and accountable process for the procurement and management of private legal services. The bill requires that private legal services engaged on a contingency fee basis be competitively procured if possible. It also requires the Attorney General to post those contracts, time cards and payment records online.
The Transparency in Private Contracting Act has been the top priority of Florida Attorney General Bill McCollum. Already passed by the House of Representatives, the bill heads to the Governor to be signed into law.
Negligence (SB 1224/HB 689)
The bill clarifies that a plaintiff bears the burden of proving a business owner had constructive or actual knowledge of a hazardous condition on its premises when the plaintiff sues for damages from a slip and fall injury. A 2001 Florida Supreme Court decision placed the burden of disproving an injury allegation on the business owner, which has lead to a significant increase in slip-and-fall litigation throughout the state. Also passed by the House of Representatives earlier, it will now proceed to the governor’s desk for his approval.
Parental Authority (SB 2440)
The bill seeks to clarify a Florida Supreme Court ruling relating to a parent’s ability to sign waivers for their children to participate in certain recreational activities. It provides more clarity for the use of waivers and should generate more predictability in those types of cases.
Sovereign Immunity (SB 2060)
The final bill passed by the Senate increased the amount of damages a local government can pay without requiring a claims bill before the Legislature. The bill increases the current caps of $100,000 per person and $200,000 per incident to $200,000 and $300,000 respectively. These amounts had not been raised since 1981. The measure is supported by local governments and attorneys for the injured claimants.