Latest news with #HillaryCassel
Yahoo
26-04-2025
- Business
- Yahoo
House resurrects bid to restore attorney fees in insurance disputes
In an effort to keep alive their bid to resurrect the availability of so-called 'one-way attorneys fees' in lawsuits against insurers, the Florida House adopted a bill that added their proposal to an unrelated Senate bill on Friday. But if the House had hoped the amended bill would slip by the Senate, proponents of reforms that reduced insurers' legal costs are urging senators to reject it when it comes back to them in the coming days. 'I hope the Senate will do the right thing and be the adults in the room,' said Stacey Giulianti, chief legal officer at Boca Raton-based Florida Peninsula Insurance. The effort to restore the right of plaintiffs to claim attorneys fees in lawsuits against insurers has overshadowed dozens of other insurance-related bills introduced for the session, leaving only a handful with minor impacts poised for enactment. Citizens Insurance's letters broil frustrated customer in a 'depopulation' stew New insurer says it will be open to South Florida homeowner business It's time once again for insurers vs. attorneys in Florida's Legislature Until the late bid emerged, the Senate seemed content to ignore bills that would require insurers to once again pay fees incurred by policyholders who sue them. In arguing for the reforms three years ago, insurers said that the industry had become unprofitable due to an avalanche of frivolous lawsuits filed under a century-old Florida law. That law required insurers to pay legal fees if they agreed to settle litigation by paying as little as $1 over their original settlement offer. However, insurance customers were held harmless if they sued their insurers and lost. The reforms placed Florida's legal system on equal footing with most of the country, insurers said. Plaintiffs who sue are now required to pay attorneys out of their own pockets or a percentage of what they win. But attorneys say that leaves plaintiffs unable to challenge denials or underpayments of small claims because attorneys can't make enough money to justify taking their cases. Knowing that emboldens insurers to treat policyholders unfairly, attorneys say. A bill introduced prior to the current Legislative session by state Rep. Hillary Cassel, a Broward County Democrat-turned-Republican who is also a plaintiffs attorney, was approved by two House committees but still awaited a hearing by a third committee. Typically, bills must pass three committee hearings in both the House and Senate. But the Senate — potentially responding to warnings from insurance industry leaders, the state's insurance commissioner and Gov. Ron DeSantis — failed to schedule it for a single committee hearing. The Senate also ignored a bill by its former president, Don Gaetz, that would also have empowered judges to award attorney fees to plaintiffs who prevail in their lawsuits. On Wednesday, House member Berny Jacques attached language from the Cassel bill to an unrelated bill approved by the Senate clarifying that certain levels of radiation must be recorded before lawsuits could be brought against owners of former phosphate mines. Rather than 'one-way attorney fees,' supporters insist that the bill should actually be called a 'prevailing party' or 'loser pays' measure. It would require insurers to pay plaintiffs' attorney fees if a court awards them more than an amount offered by insurers, but plaintiffs would be required to pay insurers' fees if a court awards them less than the insurer proposed. During debate over the bill on Friday, Rep. Michael Gottlieb, who represents part of Broward County, predicted the prevailing party provision would 'discourage litigation because you're not going to want to, number one, prolong litigation, and number two, get involved in litigation that you're going to lose.' Rep. Tyler Sirois, from Brevard County, said the bill would reinstate 'balance.' He added, 'We made it too easy for insurers to delay, deny and underpay claims — making it harder for honest Floridians, whether they're carrying a hammer or a calculator, to fight back.' During the debate, no member of the House spoke against the amended bill and it was adopted by a vote of 80-20. As part of the back-and-forth that must occur to get a unified bill approved by the entire Legislature, the amended bill now goes back to the Senate, which could vote on the House's version, remove or change the amendment, or just let it die. Jacque's filing of the amendment on Wednesday set off a flurry of activity by industry supporters who again warned that passage would undermine progress tracked since the reforms were enacted, drive up litigation and force insurers to increase premiums. It also prompted Insurance Commissioner Michael Yaworsky to send an email warning Peter Cuderman, Gov. DeSantis' director of legislative and intergovernmental affairs, that the bill could dismantle 'the hard-won progress' achieved by the 2022-2023 reforms. That progress, Yaworsky wrote, includes declining reinsurance costs for insurers, 65 rate filings that were either reduced or included no increases, introduction of 12 new insurers into Florida's market, and a 23% decrease in lawsuit filings year over year. Potential impact of the House's bill, he warned, included increases in lawsuits, insurer costs, reinsurance rates, private investment, and the population of state-owned Citizens Property Insurance Corp., the insurer of last resort. After the vote, the pro-industry Florida Chamber released a statement saying it would continue fighting to stop the bill, which also removes restrictions on medical claims by patients, from becoming law. 'Going backwards is the wrong move for Florida,' the statement said. 'We should allow these reforms to continue to work, not re-allow scamsters to artificially drive up medical costs to inflate verdicts and incentivize litigation over small dollar amounts with the promise of attorneys' fees for the people on the billboards.' Brian Murphy, who owns a Brightway insurance agency franchise in Palm Beach Gardens, said after the hearing that he favored keeping the reforms as they are. If positive trends continue, he said, 'it's a sign that the state's efforts to revitalize the insurance landscape are working.' Dulce Suarez-Resnick, an insurance agent based in Miami, said supporters predicted reforms wouldn't be felt for three years. 'We are two years in and I've already seen a lot of impact,' she said. 'The Legislature needs to be patient. We have one more year to go.' William Large, president of the Florida Justice Reform Institute, said the House proposal would bring back 'one-way attorney fees.' 'Unless an insurer gets a zero verdict, they're going to end up paying attorneys fees,' he said. Also troublesome, Large said, is a provision of the bill that would allow attorney fees to be awarded if a plaintiff wins a 'declaratory judgment,' which is simply a declaration by the court that an insurer is responsible for paying a claim. It's 'going to create an incentive for attorneys to litigate declaratory judgment actions to generate fees,' Large said. The handful of bills headed to the governor's desk after approval by both chambers include: — SB 114 / HB 1097 — Transfers hurricane loss projection modeling from Florida International University to Florida State University. — SB 1076 / HB 715 — Expands roofing contractors' scope of work to include evaluation and enhancement of roof-to-wall connections; narrows cancellation window for contracts signed after emergencies. — SB 176 / HB 1041 — Limits property tax increases for homes elevated to prevent flood damage if voters approve constitutional amendment in November 2026. — SB 948 / HB 1015 — Requires landlords to provide flood risk information to tenants before signing leases. Gives tenants 30 days after a flood to terminate a lease if the disclosures are not provided and the tenant suffers flood damage. Meanwhile, a long list of bills received no hearings in committee, made it through fewer than the required number of committee stops, or were ignored by one or the other chamber. Giulianti doesn't want to see any of them enacted this year. 'It's best for the Legislature to continue to let all the (2022 and 2023) changes work their way through the system through all of the insurance renewal cycles, and then decide next year if anything needs tweaking,' he said. Property insurance bills left on the table would have allowed policyholders to: — Hold the owners of fallen trees responsible for damage to their properties. — Protect personal information entered into Uniform Mitigation Verification Inspection forms. — Access rate transparency reports or see rating examples for their counties in filings to the Office of Insurance Regulation. — Learn how their premiums are being distributed among subsidiaries, captive vendors, management companies and reinsurers. — Require that their insurer pay specific fees for services provided by affiliates. — Tap into a $500 million emergency trust fund if they are having trouble paying their insurance bill. — Hold their surplus lines insurer responsible to pay up to the full amount of the insured value set in their policy. — Require that their insurer participate in mandatory dispute resolution hearings prior to litigating. — If they are a Citizens customer located outside of a FEMA flood zone, get out of the new requirement to hold flood insurance. — Weigh advice from an Insurance Solutions Advisory Council or have access to a consumers guide to homeowner insurance. — Be protected from cancellation while trying to repair damage from floods or hurricanes. — Seek reimbursement for wind and flood damage mitigation projects through the My Safe Florida Home program. Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071 or by email at rhurtibise@
Yahoo
25-03-2025
- Politics
- Yahoo
Governor, lawmakers, Holocaust survivor unveil memorial at Florida Capitol
Rep. Hillary Cassel poses in front of the Holocaust memorial outside the Capitol on March 25, 2025. (Photo by Jay Waagmeester/Florida Phoenix) Floridians visiting the Capitol can now see the names and faces of Holocaust survivors who moved to Florida featured on a memorial unveiled Tuesday. Gov. Ron DeSantis, a cohort of current and former lawmakers, and members of the Jewish community gathered across the street from the Capitol in Tallahassee to honor victims and survivors of the Holocaust and showcase a double-sided, iron and limestone memorial, authorized during the 2016 legislative session. 'In Florida, we are committed to upholding the truth and the words 'never forget,' and we will continue to sponsor causes and find ways to ensure our next generation is able to learn about the horrible ordeal that these survivors had to face,' DeSantis said. DeSantis presented Holocaust survivor David Schaecter with the governor's medal of freedom. Schaecter moved to Miami in the 1950s after surviving Auschwitz. The governor touted legislation he has signed providing extra security for Jewish Day schools, increased Holocaust education, and flying Americans from Israel after the Oct. 7 Hamas attack on Israel. Former Sen. Eleanor Sobel, who sponsored the bill establishing the memorial, was there. DeSantis said additional memorials will be constructed at the Memorial Park. Following the unveiling of the memorial, legislators kicked off Israel Day at the Capitol along with Israeli Consul General Maor Elbaz-Starinsky and Tallahassee Mayor John Dailey. 'It's our duty as a Legislature to educate. Antisemitism thrives in ignorance,' Rep. Mike Gottlieb, chair of the Florida Legislative Jewish Caucus, said. 'The lies spread about Israel, about Jews, and about our history must be confronted with truths. We must ensure that our schools, universities, and institutions do not ever again become breeding grounds for misinformation and hate.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
25-03-2025
- Politics
- Yahoo
Scott Maxwell: Florida should repeal ‘free kill' law
You may have read about something known as Florida's 'free kill' law — a bizarre law that exists only in Florida. It basically says that, even if you can prove that a health care provider's negligent actions killed an adult member of your member, you can't sue for pain and suffering — unless the dead family member has a spouse or minor children. In other words, the lives of single Floridians, including widows and widowers and those over 25 who haven't yet married, are worth less here. The law essentially channels George Orwell's satirical declaration that all animals are equal — but some are more equal than others. If you know nothing else about this law, it should be a bright, red flag that Florida is the only state with this special protection for negligent practitioners. Well, after decades of criticism, there's momentum to change that. A repeal bill has already cleared several committees this legislative session with broad bipartisan support. But first, it's worth understanding how Florida ended up with a law like this is the first place — namely because Florida lawmakers have systematically stripped you of your rights to sue companies that do you wrong. Florida's 'free kill' law limits who can sue for medical malpractice. Will it end in 2025? You've seen it before. Most recently, GOP lawmakers teamed up with insurance lobbyists to make it harder for you to sue your insurance company — even when your company tries to stiff you out of benefits to which you're clearly entitled. The rationale for stripping you of your right to go after bad actors is usually the same: Businesses shouldn't be bothered with frivolous lawsuits. They drive up everyone's costs. But these laws strip everyone's access to the courts, not just frivolous filers. And the arguments about savings for consumers are usually a bunch of trickle-down fiction. On the heels of Florida's so-called insurance 'reform,' rates shot up for nine consecutive quarters. And 'free kill' critics say Florida never saw the benefits that health care lobbyists promised in exchange for shielding negligent doctors and hospitals from lawsuits. You got conned. Home insurance costs still rising in Florida | Commentary South Florida Republican Rep. Hillary Cassel lit into a health-care lobbyist last week when he made another round of dubious claims, suggesting that repealing this law would simply enrich estranged family members looking for a cash grab. Cassel said the representative for the Florida Chamber of Commerce-created Florida Justice Reform Institute didn't have 'an ounce of data to support that,' calling the claims 'scare tactics.' But Florida's business lobby does more than just try to scare lawmakers. It also threatens them. In 2021, the Florida Chamber of Commerce warned that any lawmaker who voted in favor of repealing the 'free kill' law that year would have their vote negatively double-weighted in the chamber's annual 'How They Voted' report card, according to a Tampa TV station. (The report card lets business lobbyists know which politicians will follow their orders and are consequently worthy of endorsements and campaign checks.) The Chamber wields this double-counting strategy when it knows it's on the wrong side of public opinion and needs to exert extra pressure. It used a similar tactic last year when pressuring lawmakers to make it illegal for Florida counties to pass laws that would guarantee outdoor workers the right to things like shade and water on blistering hot days — a law I dubbed 'The most shameful law Florida passed this year.' Floridians outraged by shameful anti-worker heat law. Here's how it happened | Commentary Historically, the heavy-handed lobbying tactics have been effective with both parties. Democrats, after all, controlled Florida when the 'free kill' provision was enacted in 1990. But this year, both parties seem poised to push back, probably because the horror stories are piling up: A father who died after being given a toxic dose of medication. Or a son whose routine hospital visit ended in death. This year's measure that would repeal Florida's 'free kill' provision, HB 6017, has strong support, passing with committee votes along the lines of 20-1. Its local sponsors include Democrat Johanna Lopez with co-sponsorship from Republican Susan Plasencia and Democrat Anna Eskamani. Lawmakers were moved by stories they've heard from people like Mary Jo Cain Reis, who says her father died of medical negligence at a hospital in Brevard. 'These bad doctors and medical personnel cannot continue to keep killing people and be able to move on,' said Reis, who put up billboards in Central Florida that called for reform. 'There needs to be accountability.' Theoretically, the state has other accountability measures for medical negligence. Families can still sue for economic damages. But complaints to the state are often ignored or slow-rolled. A 2018 investigation by the South Florida Sun Sentinel found Florida's system was slow to punish doctors and quick to let them settle charges without accepting responsibility. Certainly some doctors make earnest mistakes. Some are unfairly sued. But Florida's 'free kill' law doesn't address that. It just says that a health care provider could negligently kill your 75-year-old mother without being sued for pain and suffering — as long as your mom isn't still married. And what kind of sense does that make? Not much, even according to one physician and former GOP legislator who urged lawmakers to repeal Florida's 'free kill' law this year. As Florida Politics reported, Dr. Joel Rudman told lawmakers to ignore the scare tactics. 'Doctors aren't going to leave Florida because of this bill — no good doctor,' Rudman said. 'If a bad doctor wants to leave, bye.' smaxwell@
CBS News
23-03-2025
- Business
- CBS News
One-on-one with state Rep. Hillary Cassel
Jim and State Representative Hillary Cassel, a Republican from Broward County, discuss an unprecedented hearing in Tallahassee about the insurance industry and whether they are hiding profits to push for rate increases. Guest: State Rep. Hillary Cassel/R- Broward County
CBS News
21-03-2025
- Politics
- CBS News
Change in Florida gun age law positioned for full House vote, on hold in Senate
A controversial proposal to repeal a law that prevents people under age 21 from buying rifles and shotguns in Florida is positioned to go to the full House, but the issue remains on hold in the Senate. The Republican-controlled House Judiciary Committee on Thursday voted 16-6 to approve the bill , which would lower the minimum age to purchase rifles and other long guns from 21 to 18. Republican Rep. Hillary Cassel joined Democrats in opposing the bill. The Legislature and then-Gov. Rick Scott increased the minimum age for gun purchases to 21 after the 2018 mass shooting at Parkland's Marjory Stoneman Douglas High School that killed 17 people. The House approved repeal bills in 2023 and 2024, but the measures did not get through the Senate. With the Legislature ending its third week of this year's regular session, a Senate bill that would roll back the age limit has not been heard in committees. Asked about the issue, Republican Senate President Ben Albritton tearfully recalled walking the halls of Marjory Stoneman Douglas High School and seeing damage from the mass shooting. But he also said he takes Second Amendment rights seriously and is a lifetime National Rifle Association member. "I don't have an answer for that right now," Albritton said. "Like I do everything. I am thinking this through." House bill sponsor Michelle Salzman pointed Thursday to people in her community who are under 21 and want to have guns for safety. "We have people in Pensacola who are living at home with young children, 18-, 19-year-old single moms, who have not had the opportunity to have that," Salzman said. "And they have expressed to me that they would like to be able to purchase a firearm for the protection of their home." Broward County School Board Chairwoman Debra Hixon, whose husband Chris Hixon was killed in the Marjory Stoneman Douglas High School shooting, told the House committee that a repeal of the law would indicate lawmakers "have forgotten who my husband and the other 16 victims were." "I believe my job as a public servant is to make sure that my students are safe and that they get home every day," Hixon said. "I do believe that's also your job as legislators for our state." But Luis Valdes of Gun Owners of America said rolling back the age law would admit a mistake when the Legislature "violated" the Second Amendment in 2018. "Most importantly, the issue with this legislation is that it disarms women. It disarms young people," Valdes said. "It disarms my own daughter. She's 5 years old right now, but when she becomes 18, if she decides to move out of my house and attends college, I want her to be able to defend herself." Federal law has long barred people under 21 from buying handguns. Thursday's vote came less than a week after the 11th U.S. Circuit Court of Appeals ruled 8-4 against an NRA challenge to the 2018 law. The panel majority said, in part, the law maintains access as people under 21 can still receive rifles and long guns as gifts from family members. But the issue is likely to go to the U.S. Supreme Court, and Florida Attorney General James Uthmeier, who took office in February, said he would not defend the law. "Notwithstanding CA11's opinion today, I believe restricting the right of law-abiding adults to purchase firearms is unconstitutional," Uthmeier posted Friday on X, referring to the 11th U.S. Circuit Court of Appeals. Also, Uthmeier wrote that if the " NRA decides to seek further review at SCOTUS (the Supreme Court), I am directing my office not to defend this law. Men and women old enough to fight and die for our country should be able to purchase firearms to defend themselves and their families." Gov. Ron DeSantis has signaled he would support changes to state gun laws, including the gun-age restriction. Albritton said he's working with attorneys and Senate staff members to understand the potential "ramifications" of Uthmeier's announcement that he would not defend the law. "I've got respect for every branch of government and have not made any decisions about that at this point," Albritton said.
