Some Truths About Florida s Tort System

Similar documents
Form FLORIDA RULES OF CIVIL PROCEDURE Form Judge:

I. Case Style. II. Type of Case.

Supreme Court of Florida Summary for the Month of, Circuit County Pursuant to the Requirements of F.S

PROCEDURE TO FILE AN EVICTION

Performance Measure and Corrective Action Plan Annual Report County Fiscal Year End (October 2009 through September 2010)

FY Statistical Reference Guide 10-1

FY Statistical Reference Guide 10-1

2007 General Magistrate/Hearing Officer Case Weight Breakdown. Sample Judge Forum Group Interactive Worksheets

CIRCUIT CIVIL FILINGS AND DISPOSITIONS FY to FY *

FY Statistical Reference Guide 4-1

OTHER CIRCUIT CIVIL PROCEEDINGS

CIRCUIT COURT PENDING CASELOAD REPORT

Supreme Court of Florida

Agenda Item 5. This report provides a summary of Circuit Court calendar workload trends over the period of 2002 through 2007.

20 th Judicial Circuit Civil Case Management Proposal

Supreme Court of Florida

DIFFERENCES THAT DELIVER

Third District Court of Appeal State of Florida, July Term, A.D. 2009

Third District Court of Appeal State of Florida

This memo was published originally as Appendix C to the 1996 Report of the Governor s Advisory Task Force on Civil Justice Reform.

Challenges to Global Governance Joel Hellman Global Futures Lecture, Gaston Hall, September 9, 2015

Definition: The number of disposed cases as a percentage of the Active Caseload.

General civil Family Total

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR OKALOOSA COUNTY, FLORIDA ADMINISTRATIVE DIRECTIVE OCAD

NO. 07-CI JEFFERSON CIRCUIT COURT DIVISION TEN (10) JUDGE IRV MAZE TONIA FREEMAN PLAINTIFF. BECKER LAW OFFICE, PLC, et al.

AMENDED ORDER GOVERNING BUSINESS COURT PROCEDURES AND CRITERIA. WHEREAS, the Ninth Judicial Circuit established and operated a specialized

DETENTION UTILIZATION STUDY HILLSBOROUGH COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA

Supreme Court of Florida

The Florida Bar Inquiry/Complaint Form

POLITICAL AUTHORITY AND PERFECTIONISM: A RESPONSE TO QUONG

Evidence-Based Policy Planning for the Leon County Detention Center: Population Trends and Forecasts

2004 Annual Report. OREGON STATE BAR Client Assistance Office. January 1, 2004 to December 31, 2004 Report to the Oregon Supreme Court

DETENTION UTILIZATION STUDY PALM BEACH COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE July 7, 2010 Session

End of First Nine Weeks

AUDIT REPORT. Audit of the Orange County Clerk of the Circuit and County Courts- Financial Controls and Revenue Collection Procedures

DETENTION UTILIZATION STUDY BROWARD COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

GDP - AN INDICATOR OF PROSPERITY OR A MISLEADING ONE? CRIVEANU MARIA MAGDALENA, PHD STUDENT, UNIVERSITATEA DIN CRAIOVA, ROMANIA

Preview. Chapter 9. The Cases for Free Trade. The Cases for Free Trade (cont.) The Political Economy of Trade Policy

Civil Trial Cases and Verdicts in Large Counties, 2001

DISPROPORTIONATE MINORITY CONTACT

American Government The Branches of Government

VoteCastr methodology

Avoiding Garbage 3: Fairness and Accuracy in Reporting Criminal Histories in Sexually Violent. Predator Evaluations. Abstract

Glossary. FY Statistical Reference Guide 11-1

CIVIL TRIAL LAW CERTIFICATION STANDING COMMITTEE POLICIES 100 ADMINISTRATION

CHAPTER House Bill No. 1853

Commonwealth of Kentucky Court of Appeals

The Florida Bar Inquiry/Complaint Form

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA

Case 2:09-cv GCS-MKM Document 24 Filed 12/22/2009 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Focus: Understanding Economics in Civics and Government

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA ADMINISTRATIVE ORDER: M

Court Review: Volume 42, Issue A Profile of Settlement

PAPER: FC2 MARKS AWARDED: 77

CRS Report for Congress

The 2012 GOP Primary: Unmasking the Vote Manipulation

Politics in Newfoundland and Labrador

Third District Court of Appeal State of Florida

PATENT ACTIVITY AT THE IP5 OFFICES

Who Is In Our State Prisons? From the Office of California State Senator George Runner

COUNSEL MUST APPEAR IN PERSON FOR ALL FORECLOSURE HEARINGS. TELEPHONIC APPEARANCE IS NOT PERMITTED.

Third District Court of Appeal State of Florida

BETWEEN: The Complainant COMPLAINANT. AND: The College of Psychologists of British Columbia COLLEGE. AND: A Psychologists REGISTRANT

Appellate Group Attorney Guide

PINELLAS DETENTION UTILIZATION STUDY

CASE WEIGHTING STUDY PROPOSAL FOR THE UKRAINE COURT SYSTEM

E-FILED 2017 MAY 11 3:00 PM DELAWARE - CLERK OF DISTRICT COURT

Federal Tort Trials and Verdicts,

Non-Voted Ballots and Discrimination in Florida

October 29, 2010 I. Survey Methodology Selection of Households

A Profile of the Gauteng Province: Demographics, Poverty, Income, Inequality and Unemployment from 2000 till 2007

YOU PAY FOR YOUR WRONG AND NO ONE ELSE S: THE ABOLITION OF JOINT AND SEVERAL LIABILITY

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY CRIMINAL JUSTICE DIVISION

Annual Minnesota Statewide Survey Fall Findings Report- Immigration questions

Florida Constitution Amendment Process Reviewing Proposed Amendments Activity A

In 2008, President Obama and Congressional Democrats

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP CENTER

FEE SCHEDULE MARTIN COUNTY CLERK OF THE COURT. Child Support

In the District Court of Appeal Fourth District of Florida

FEE SCHEDULE MARTIN COUNTY CLERK OF THE COURT. Child Support

2009 Year-End Report on the Federal Judiciary

Partisans Dug in on Budget, Health Care Impasse

REGULAR AGENDA NEW BUSINESS #8

GENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to

Case 9:16-cv KAM Document 23 Entered on FLSD Docket 07/24/2017 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

How Should Immigration Affect the Economy? A D A M M. Z A R E T S K Y

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case CIV-WPD ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

CAUSE NO. THE STATE OF TEXAS IN THE DISTRICT COURT OF [INSERT PROPERTY] JUDICIAL DISTRICT

OPEN NEIGHBOURHOOD. Communicating for a stronger partnership: connecting with citizens across the Southern Neighbourhood

a rising tide? The changing demographics on our ballots

Embargoed until 00:01 Thursday 20 December. The cost of electoral administration in Great Britain. Financial information surveys and

Paula S. O'Neil Clerk & Comptroller Pasco County, Florida. Fee Schedule Effective June 1, 2009 unless specified

Annual Report to the Legislature False Reports of Child Abuse, Neglect or Abandonment Referred to Law Enforcement FY (March 2011)

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

Supreme Court of Florida

TRINITY COUNTY. Board Item Request Form Phone (530)

OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS CEPL # INTRODUCTION TO THE LAW AND ETHICS

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

Transcription:

Some Truths About Florida s Tort System The business community is again trumpeting the branding of Florida as a judicial hellhole whose tort system is running out of control. Don t be misled by distorted--if not fabricated-- facts. What is the truth? Fact #1. There is only one trustworthy source of complete and accurate information on civil case filings in Florida the Supreme Court s Office of the State Courts Administrator. 1 Data derived from anecdotal reports, or contained in self-serving studies commissioned by special interest groups or conducted by special interest-funded research institutes or other biased front groups, must be viewed with a great deal of skepticism and the assumption that the primary goal is to mislead the reader by distorting the facts in support of a particular agenda. Fact #2. The presentation of even valid data can be manipulated in ways designed to grossly mislead the reader. A perfect example of this approach appears in the graph below. Presented as part of recommendations to incoming Governor Scott by some members of Florida s business community acting under the mantle of the Tort Reform and Insurance subgroup of the Regulatory Reform Transition Team, the graph was used as evidence to support their premise that Florida somehow deserves the brand of a judicial hellhole placed on it by a national organization (one whose prime mission is to restrict if not eliminate consumers access to the courts countrywide). 2 This graph obviously shows a significant increase in circuit court filings over the past ten years. The context in which it was presented, however, certainly implies, as it was obviously intended to do, that the tort system is responsible for that increase. Truth or fiction? Well, the numbers are true and they are from the Office of the State Courts Administrator--but this misleading presentation says absolutely nothing about tort case filings in Florida courts! The truth is that the graph above presents the total number of all types of cases filed in circuit court. The truth is that in FY 2008-09, the last year shown, civil cases were less than half (45.9%) of the total number of circuit court case filings, while the majority of cases filed that year in circuit court were criminal (17.6%), family (28.2%), and probate (8.3%). 3 While this graph certainly illustrates an increasing judicial workload, it does not tell the whole story and it cannot be truthfully used to lay the blame for that increase at the foot of Florida s tort system!

Fact #3. To understand why total case filings in circuit court have increased over the last ten years, one must look at the breakdown of the different types of cases filed in circuit court. The top line of graph below represents the total circuit court case filings and tracks the single line presented in the preceding graph, but the breakout by general type of case reveals much more information. It clearly illustrates that civil cases constituted a fairly small portion of all cases filed until a relatively recent steep increase in filings, and that recent increase also accounts for the bulk of the overall increase in circuit court filings. However, this still does not provide any information about tort cases because the category of civil cases covers a lot more than just tort cases the collected statistics on civil cases are grouped into nine subcategories, of which only four are actually tort-related. 1,400,000 Florida Circuit Case Filings FY 1999-00 to 2008-09 1,200,000 1,000,000 Probate Family Criminal All Civil 800,000 600,000 400,000 200,000 0 Source: Trial Court Statistics, Office of the State Courts Administrator Summary Reporting System Fact #4. Looking deeper still at the nine subcategories of civil cases, it is clear that while overall civil case filings have, in fact, increased significantly over the last ten years, the increase is not because of tort cases--it s because of the explosion in mortgage foreclosure proceedings! When the examination of circuit court filings is limited only to

civil actions, broken out by the categories tracked by the Office of the State Courts Administrator, it is immediately obvious what type of cases are responsible for the increase real property and mortgage foreclosure cases. Back in FY 1999-00 this category already represented nearly a third of all civil cases, but over the last ten years these cases have increased six-fold (mostly in recent years) to a staggering number (403,477) that is over 400 times the number of products liability cases (953) filed in FY 2008-09! As is evident in the graph below, the only other category showing an increase of any consequence over this period was contracts and indebtedness cases business vs. business cases, not tort cases. 600,000 Florida Circuit Civil Filings FY 1999-00 to 2008-09 500,000 400,000 300,000 Other Eminent Domain Real Property/ Mortgage Foreclosure Contracts & Indebtedness Condominium Other Negligence Auto Negligence Products Liability Professional Malpractice 200,000 100,000 0 Source: Trial Court Statistics, Office of the State Courts Administrator Summary Reporting System

Fact #5. The truth is that the total number of circuit civil case filings in the tort categories (professional malpractice, products liability, auto negligence, and other negligence) has actually decreased over the last ten years (down 4.8%), with large decreases in professional malpractice (down 40.6%) and products liability (down 72.5%). During this period, auto negligence cases were up (12.3%) and other negligence cases were down (3.5%). 45,000 Florida Circuit Civil Tort Case Filings FY 1999-00 to 2008-09 40,000 35,000 30,000 25,000 20,000 15,000 Other Negligence Auto Negligence Products Liability Professional Malpractice 10,000 5,000 0 Source: Trial Court Statistics, Office of the State Courts Administrator Summary Reporting System Fact #6. What s more, from April 1, 2000 to April 1,-2009, Florida s population increased 17.3% 4, and, on a per capita basis, filings in Florida s circuit courts for every category of tort case have declined over the last ten years! On a per capita basis, filings of professional malpractice cases were down 49.4%, products liability cases were down 76.6%, auto negligence cases were down 4.3%, and other negligence cases were down 17.7%. Overall, combined tort case filings per capita in Florida were down 18.8% over the ten year period.

Florida Circuit Civil Tort Case Filings Per Capita FY 1999-00 to 2008-09 0.00300 0.00250 0.00200 0.00150 0.00100 0.00050 Other Negligence Auto Negligence Products Liability Professional Malpractice 0.00000 Source: Trial Court Statistics, Office of the State Courts Administrator Summary Reporting System; Population (April 1), Florida Office of Economic and Demographic Research; Florida Demographic Estimating Conference, January 2010 and the Florida Demographic Database, August 2010. Conclusion: What do circuit court filing statistics really show? A runaway tort system? A judicial hellhole?? No, not even close!! When presented fairly, the numbers don t lie! Judge based on fact, not fiction

Notes 1 The Office of the State Courts Administrator collects circuit court data in four categories civil, criminal, probate and family law. Civil cases are further broken down into nine subcategories (professional malpractice, products liability, auto negligence, other negligence, condominium, contracts and indebtedness, real property/mortgage foreclosure, eminent domain and other). No further detail on types of civil cases is available. The collected data are available online at: http://www.flcourts.org/gen_public/stats/index.shtml 2 The presentation of the Regulatory Reform Transition Team s recommendations can be found at http://www.scotttransition.com/wp-content/uploads/2010/12/reg-reform.pdf. See pp.70-72. 3 The collected court data (all circuit filings) used for the calculations herein are: FY Professional Malpractice Products Liability Auto Negligence Other Negligence Condominium Contracts & Indebtedness 1999-00 2,166 3,468 17,362 12,610 531 28,044 2000-01 2,257 6,543 17,747 12,436 339 30,112 2001-02 2,530 4,871 18,345 14,191 361 31,660 2002-03 2,405 2,536 19,299 13,129 277 32,638 2003-04 2,236 3,593 19,847 13,386 191 31,331 2004-05 1,596 2,123 18,539 12,431 151 32,878 2005-06 1,363 732 20,539 12,115 475 36,703 2006-07 1,193 710 19,382 11,885 1,172 42,764 2007-08 1,217 2,609 20,348 13,148 2,540 55,116 2008-09 1,286 953 19,497 12,173 2,327 70,466 Real Property/ Mortgage Foreclosure Eminent Domain Other Total Civil Criminal Family Probate FY 1999-00 66,232 2,987 29,046 162,446 184,229 344,507 94,054 2000-01 68,651 3,253 30,437 171,775 182,581 362,185 95,020 2001-02 79,647 3,536 31,077 186,218 179,757 371,961 96,712 2002-03 79,429 2,803 32,342 184,858 182,893 369,652 101,736 2003-04 69,759 2,825 35,802 178,970 193,870 378,429 108,183 2004-05 59,907 1,934 32,557 162,116 199,009 365,990 109,505 2005-06 57,272 1,592 33,454 164,245 219,157 365,468 111,583 2006-07 112,840 1,649 34,693 226,288 230,417 356,485 105,486 2007-08 284,266 1,149 38,186 418,579 235,451 350,477 102,532 2008-09 403,477 856 36,159 547,194 209,593 335,854 98,345 4 Population data was obtained from the Office of Economic and Demographic Research website at http://edr.state.fl.us/content/population-demographics/index.cfm. Data used (all years as of April 1) are: 2000-15,982,824; 2001-16,330,224; 2002-16,674,608; 2003-17,071,508; 2004-17,516,732; 2005-17,918,227; 2006-18,349,132; 2007-18,680,367; 2008-18,807,219; 2009-18,750,483.