On March 24, 2023, Governor Ron DeSantis signed House Bill 837, the Tort Reform Act, into law. One of the major changes made under this bill was the elimination of Florida Statute 627.427, which allowed Plaintiffs to recover attorney fees and costs if they prevailed. This has a major effect on cases involving Personal Injury Protection benefits (PIP cases). House Bill 837 stated, “To the extent that this act affects a right under an insurance contract, this act applies to an insurance contract issued or renewed after the effective date of this act”. Therefore, PIP cases that involve a policy issued after March 24, 2023, can no longer recover fees and costs under Florida Statute 627.427.
Since this change, Plaintiffs have been contesting when this Tort Reform should apply. Most recently, we have seen Plaintiffs try to argue the policy “renewal date” is when an insured is put on notice their policy will be renewing on a stated date in the future. However, Plaintiff’s argument is contrary to the point of a renewal notice. A renewal notice simply puts an insured on notice that it is almost time for their policy to renew, the costs of the renewal policy, the coverage the renewal policy will provide once the policy is renewed, and the policy period for the coverage. The renewal notice does not provide Plaintiff with any coverage until the policy is issued on the first date of their policy period.
Recently, in Adventist Health System/Sunbelt, Inc. d/b/a Adventhealth East Orlando a/a/o Matthew Rodriguez v. State Farm Mutual Automobile Insurance Company, Case No. 2024-SC-029962-O, 9th Judicial Circuit in and for Orange County, June 24, 2025, Judge Martha C. Adams in Orange County DENIED Plaintiff’s Motion for Attorney’s Fees where Plaintiff tried to convince the Court the notice date was the actual renewal date. Judge Adams cited the fact that the policy period began after March 24, 2023, and therefore, Plaintiff is not entitled to Attorneys’ Fees and Costs.