The implications of this bill could significantly alter the landscape of civil liability in Florida. By removing the provision that limits recovery based on a plaintiff's intoxication, the bill aims to enable individuals who may have been injured in accidents, even while under the influence, to seek damages. Proponents argue that this could provide necessary protections for victims who, despite their circumstances, should still be compensated for their injuries and losses rather than being penalized for their state at the time of the incident.
House Bill 447, titled 'Alcohol or Drug Defense', proposes the repeal of section 768.36 of the Florida Statutes. This section currently includes provisions that prohibit a plaintiff from recovering certain damages in civil lawsuits if they were under the influence of alcohol or drugs at the time of the incident. The intent of repealing this section is to modify the existing statutes governing civil liability and to provide a more equitable approach for plaintiffs who have been harmed, regardless of their substance use at the time of the incident. The bill is set to take effect on July 1, 2024, if passed.
However, the repeal of this section is likely to generate debate. Opponents may raise concerns regarding accountability, arguing that individuals should bear responsibility for their actions while under the influence. There could be fears that allowing claims from intoxicated plaintiffs may lead to increased liability for businesses and individuals, potentially resulting in higher insurance costs and encouraging reckless behavior. The balance between victim rights and personal accountability will likely be central to the discussions surrounding this bill.