October 6-11 is Litigation Abuse Awareness Week, and here in Florida, there is no better time to shine a light on the cost of frivolous litigation and the impact it has on our families, businesses, and our state’s economy.
According to a recent report by the Perryman Group, litigation abuse costs Florida more than $15 billion in economic output. Florida consistently ranks near the top in the nation in the number of lawsuits filed per capita. In addition, “nuclear verdicts,” large jury verdicts that exceed actual economic losses and reasonable compensation, devastate local businesses, raise costs for families, and suppress job growth.
As a result of frivolous lawsuits, all Floridians are paying what has become known as the “tort tax.” Last year, this hidden tax amounted to more than $1,200 per resident. That’s money that goes out of the pockets of Florida families and into the pockets of trial lawyers. Florida has a particularly heavy history of litigation abuse. For years, runaway lawsuits and jackpot verdicts have propelled the state into the American Tort Reform Foundation’s (ATRF) ranking of notorious legal hells.
Thanks to the hard work and leadership of former Speaker Paul Renner and Governor DeSantis, the narrative has changed. In 2023, Congress passed and Governor DeSantis signed a landmark tort reform bill that finally went to court. These reforms have helped curb frivolous litigation, and the results speak for themselves. Since the program’s introduction, Florida homeowners have seen lower premiums and the auto insurance market has begun to stabilize. That’s no coincidence. Thanks to meaningful legal reforms, Florida has emerged from ATRA’s judicial hell status and was also recognized as a “point of light” in recent rankings, highlighting the state’s real progress in restoring balance to its civil justice system.
But the battle is not over yet. During the most recent legislative session, the judicial lobby launched an aggressive campaign to weaken these reforms. This time their efforts failed, but they are not giving up. There is no turning back for Florida families and entrepreneurs.
The lesson of Litigation Abuse Awareness Week is simple. We must put the interests of Floridians above the interests of profit-seeking trial lawyers. Tort reform is not about protecting businesses, but about protecting all citizens from the economic harm caused by abuses of civil justice.
Florida has proven that reforms work, and other states can now follow Florida’s lead. To continue protecting the future of our hardworking small business owners and our state’s economy, we must stand strong, defend our reforms, and continue to build a legal system that works for our people, not against them.
Tom Gaitens — Executive Director of Floridian Citizens Against Litigation Abuse (FL CALA)
