Copyright 1999 The Tribune Co. Publishes The Tampa Tribune
The Tampa Tribune
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May 1, 1999, Saturday, FINAL EDITION
SECTION: NATION/WORLD, Pg. 8
LENGTH: 565 words
HEADLINE:
Tort reform passes; injury lawsuits curbed;
BYLINE: Margaret Talev, of The Tampa Tribune;
BODY:
TALLAHASSEE - Lawmakers on Friday
passed a sweeping package limiting personal injury lawsuits and sent it to
Gov. Jeb Bush, who is expected to sign the bill into law.
The House
passed the tort reform measure 84-33.
The Senate was thought to be
nearly divided, which kept tensions running high throughout the final day
of the legislative session. But under heavy lobbying by businesses, the
opposition crumbled and the measure passed, 26-14. Supporters said the
bill would create a better business climate, increasing the tax base and
lowering insurance rates.
"It's not fair to collect from somebody
just because they have deep pockets," said Sen. John McKay, R-Bradenton.
Sen. Tom Lee, R-Brandon, said he decided to support the measure because
"for every individual that's unable to be made whole, there's someone
paying dramatically more than they should be made to pay."
But
critics contend that the measure would mean that automobile manufacturers and
pharmaceutical companies would have no incentive for recalling defective
products.
Sen. Ginny Brown-Waite, R-Spring Hill, had earlier supported
tort reform but voted against it.
On Friday, she described to senators
the "audacity" of a tort reform advocate who told her if she was afraid
people would be hurt, "You need to encourage people to buy disability
insurance."
"Is this a let them eat cake mentality?"
Brown-Waite
balked. "I can't go home and tell people who work at the 7-Eleven to go buy
disability insurance when they can't even afford health insurance."
Sen. John Grant, R-Tampa, had been a critic of the measure but told
colleagues he had to vote for it because he promised Senate President Toni
Jennings he would in exchange for his placement on two key committees.
"It's not without a great deal of trouble in my soul," he said, noting
the measure went "too far."
Tort reform has been the top goal of Florida
businesses for three years, and a goal to a lesser degree since the
mid-1980s.
The business community, and their opposition, the state's
trial lawyers, poured millions of dollars into lobbying efforts, including
negative television ads aimed at unseating candidates and forcing votes on
the measure.
The Legislature last year passed an even stronger tort
reform package than this year's, but it was vetoed by then-Gov. Lawton
Chiles, a Democrat.
This year, the House wanted an equally strong
measure, but senators resisted and held out until the final week of the
session, forcing House lawmakers to agree to more moderate changes.
"I've got to look at it, but I'm pretty sure I'm going to sign it," Bush
said.
The legislation, crafted by Sen. Jack Latvala, R-Palm Harbor,
limits how much in punitive damages victims can collect from companies in
nearly all cases.
It also protects those with only a minor share of
responsibility from being forced to pay for co-defendants' share of
damages.
Rental car companies and individuals who loan their cars to
others would get some protection.
People injured by most defective
products could not sue unless the product was less than 12 years old.
Airplanes would be exempt after 20 years.
People who developed diseases
from products that were on the market longer than 12 years could not sue.
Margaret Talev covers state government and can be reached at (850)
222-8382.
GRAPHIC: PHOTO,
Sen. Jack Latvala, R-Palm
Harbor, had plenty to smile about Friday after the Legislature passed his
tort-reform bill limiting punitive damages for victims. COLIN HACKLEY, Tribune
photo
LOAD-DATE: May 3, 1999 
