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Florida House proposes stricter claims process for negligence suits

April 08, 2025 | House Bills - Introduced, House Bills, 2025 House and Senate Bills, Florida Legislation Bills, Florida


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Florida House proposes stricter claims process for negligence suits
Florida's House Bill 301, introduced on April 8, 2025, aims to reform the claims process against the state and its agencies, particularly in cases of medical malpractice and wrongful death. The bill seeks to streamline the handling of claims, establishing clearer timelines for the Department of Financial Services and other agencies to process these claims, which has been a point of contention for many claimants.

One of the key provisions of HB 301 is the stipulation that if the Department fails to make a final disposition of a claim within six months, it will be considered a final denial. This is particularly significant for medical malpractice and wrongful death claims, where the timeline is reduced to 90 days. The bill also introduces a punitive measure for claimants who fail to disclose relevant information, allowing courts to impose double damages for undisclosed judgments.

The introduction of this bill has sparked notable debates among lawmakers and stakeholders. Proponents argue that it will expedite the claims process, providing quicker resolutions for victims and their families. Critics, however, express concerns that the bill may inadvertently limit the rights of claimants by imposing strict deadlines and penalties, potentially discouraging legitimate claims.

Economically, the bill could have significant implications for the state’s liability exposure, potentially reducing the number of prolonged claims that burden the judicial system. Socially, it aims to balance the interests of victims seeking justice with the need for efficient government operations.

As discussions around HB 301 continue, experts suggest that its passage could lead to a more efficient claims process, but they caution that careful consideration of the implications for claimants' rights is essential. The bill's future will depend on ongoing negotiations and potential amendments as it moves through the legislative process.

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