Vero Beach Rep. Brackett Leads Push to Revise Liability Claim Damages in Florida House
A legislative proposal sponsored by a Vero Beach lawmaker is advancing through the Florida House of Representatives, potentially altering how damages are calculated in personal injury and wrongful death lawsuits.
Representative Robbie Brackett, a Republican from Vero Beach, is the sponsor of HB 1553, a bill designed to clarify complex regulations surrounding medical expenses in legal claims. The bill successfully cleared the Civil Justice & Claims Subcommittee on Thursday with a 13-4 vote and is now headed to the Judiciary Committee.
Clarifying the 2023 Tort Reform
The legislation seeks to amend a sweeping tort reform law (HB 837) passed in 2023. That law was intended to limit the types of evidence juries could hear regarding medical bills, specifically aiming to prevent “inflated” charges from driving up settlement amounts.
Under the 2023 law, the evidence allowed in court was restricted to help prove past paid medical bills, outstanding incurred bills, and future medical services. The goal was to base damages on what is actually paid by insurance or government programs like Medicare, rather than the often higher “charged” amounts set by physicians, particularly those working under letters of protection (LOPs).
However, confusion has arisen in Florida courtrooms regarding to whom these evidence standards apply.
According to recent reports, some trial court judges have ruled that the burden to produce evidence regarding health insurance reimbursement rates falls solely on the plaintiff. Others have ruled that the burden also applies to the defendant. Brackett’s bill aims to settle this dispute.
What HB 1553 Changes
The proposed bill is a four-page document that proponents describe as a necessary technical fix, while opponents view it as a significant rollback of previous reforms. The core change involves amending the statute so that evidence requirements for medical bills apply to “any party”—not just the plaintiff.
Additionally, the bill clarifies that these requirements apply when determining or rebutting medical costs.
Sponsored by Vero Beach Republican Rep. Robbie Brackett, HB 1553 would make clear that “any party” can produce information to establish or rebut future medical costs.
The Debate: Fairness vs. Rising Costs
The bill has sparked a renewed debate between trial attorneys and business interest groups. Supporters, including the statewide association representing trial attorneys, argue that the 2023 law is flawed and has failed its fundamental principle of clarity.
R. Waylon Thompson, a trial attorney from Panama City, testified that the intent of the original law was to apply to both plaintiffs and defendants. He argued that it is the Legislature’s duty to correct the ambiguity that has led to conflicting judicial rulings.
Representative Brackett emphasized that his sponsorship of the bill is driven by a desire to ensure injured parties are fairly compensated, rather than to aid attorneys.
“I’m not here to fight for the attorneys,” Brackett said. “I’m here to do what’s right for the people of Florida.”
On the other side, opposition groups such as the Florida Justice Reform Institute and Associated Industries of Florida (AIF) argue that the bill could undo the cost-saving effects of the 2023 reforms.
Elin Kunz, representing AIF, expressed concern that shifting the standard could make it difficult for defendants to access necessary information to rebut costs, specifically noting that private health insurance reimbursement rates are not widely available to the public.
Opponents urged lawmakers to let the existing law work its way through the appellate courts rather than intervening with new legislation. Matthew Penland, a safety director for a trucking line, testified that the 2023 law allowed his company to invest savings into safety technology and warned against moving “backwards.”
Next Steps
Despite the opposition from business and insurance lobbyists, the bill found strong support in the subcommittee. It now moves to the Judiciary Committee, its final scheduled stop before potentially reaching the House floor.
If passed, the bill could have significant implications for residents in Indian River County and across Florida involved in personal injury litigation, ensuring that both sides of a lawsuit have equal standing when presenting evidence of future medical expenses.
