On April 26, 2023, The Fourth District Court of Appeal of Florida issued a ruling which will have major implications on personal injury protection (PIP) litigation. InProgressive v. In House Diagnostic Services a/a/o Darryl Frazier, No. 4D21-2581, the 4th DCA ruled that the proper reimbursement rate for medical benefits when using the 2007 service year… Read More
Florida Local Government Law Overview of Cyber Security and Data Privacy
By Janette M. Smith, City, County and Local Government Law Section Chair of the Florida Bar With the increasing reliance on technology and the growing threat of cyber attacks, phishing, ransomware, and other cyber intrusions, governments have been taking proactive steps to strengthen their cyber security and data privacy measures. Florida has recently enacted several… Read More
Florida Passes Substantial Tort Reform
The Florida legislature passed sweeping tort reform legislation yesterday, March 23, 2023, and it was signed by the Governor at 9:30 am this morning. The new legislation has prompted Plaintiff’s attorneys to file tens of thousands of lawsuits in anticipation of this enactment of these new laws. The new laws reduce the statute of limitations… Read More
Changes in Florida PIP Law
4th DCA issues adverse ruling on CPT code 97039 Just when you thought it was safe to pay CPT code 97039 at Workers’ Compensation fee schedule, the 4th DCA holds otherwise. The 4th DCA issued an adverse order on CPT code 97039 in United Auto. Ins. Co. v. Lauderhill Medical Center, LLC a/a/o Amber Griffin…. Read More
Authority of Condominiums to Borrow Money to Pay for New Structural Integrity Obligations
In May 2022, amendments to Florida’s Building Code and Condominium Code went into effect in order to address the State’s condominium infrastructure crisis brought to light by the tragic collapse of the Surfside condominium complex on June 24, 2021, that killed 98 people. As part of those amendments, many condominiums will now be required to… Read More