A.G. Gancarski
On Tuesday, the Senate Criminal and Civil Justice Appropriations Subcommittee moved a bill that would shunt more civil lawsuits to county courts.
The bill (SB 328) will move to the full Appropriations Committee on Thursday.
At present, there is a $15,000 limit on damages in civil suits, also called “small claims,” filed on the county level. This bill, as amended in committee, would raise that to $30,000 on Jan. 1, 2020, and to $50,000 by Jan. 1, 2022.
The current cap hasn’t been changed since 1992.
Bill sponsor Jeff Brandes, a Republican from St. Petersburg who chairs the subcommittee, noted the bill “gradually raises” those amounts, in accordance with inflation.
“This is a very important issue,” Brandes said. “The county courts are really designed to be the people’s courts.”
“More of these cases get thrown into circuit courts,” he continued.
The Florida Justice Reform Institute noted that the Supreme Court wanted a lower threshold initially, and found the increase to $50,000 to be of most concern.
“They’ve recommended an increase from 15 to 25,” said its President, William Large.
Large expects bigger case loads for circuit judges because of the legislation, with circuit courts bearing the burden of appeals from the county courts.
He argued that appeals should be heard by district courts of appeal, which handle cases coming out of circuit courts.
“I want everything to go to the DCA,” he said.
But Sen. Darryl Rouson, a St. Petersburg Democrat, said he supports the bill because “it’s time to do something different.”
“I believe the Legislature will seek the support of the Florida Supreme Court,” Rouson added.
“We have an overburdened circuit court at this point,” added Sen. Gayle Harrell, a Stuart Republican.
Sen. Annette Taddeo, a Miami Democrat, likewise spoke in support.
In his closing statement, Brandes allowed that there may be further tweaks regarding the appellate process, and that he’s willing to refine the language with Supreme Court staff.
And, he said, “this is an ongoing conversation with our partners in the House.”
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The News Service of Florida contributed to this post.
2 comments
Ray Blacklidge
April 16, 2019 at 10:07 am
Perhaps passing meaningful claims abuse legislation would lower the amount of suits being filed. Also including auto glass in the assignment of benefit legislative would also lead to less lawsuits. Yes, the Supreme Court is probably correct and the amount should be raised from $15,000 to $25,000 however SB 328 goes too far and will burden the not so busy County Court Judges because as we all know they are much less qualified than Circuit Court Judges and have no motivation to follow case law or statute. My two bits.
From Personal Experience
April 16, 2019 at 10:24 am
By and large, those persons that seek County Court seats have insufficient maturity or trial experience to oversee matters of the magnitude contemplated by this legislation. Often, they seek the office because they had less than exemplary results in private practice or because they wish to get or remain on the state payroll for the duration of their careers. If this legislation is to be seriously considered, it must be coupled with a requirement that candidates (for either appointment or election) have first-chaired a set number of bench and jury trials, and be tested on the practical application of rules of evidence and civil and criminal procedure. Merely having been admitted to The Florida Bar for a requisite number of years is an insufficient qualification.
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