SUPREME COURT OF FLORIDA BRIEF OF THE ACADEMY OF FLORIDA TRIAL LAWYERS, AMICUS CURIAE, SUPPORTING PETITIONERS POSITION

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1 SUPREME COURT OF FLORIDA CASE NO. SC JUAN E. CEBALLO and JACQUELINE CEBALLO, Petitioners, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Respondent. ON REVIEW FROM THE DISTRICT COURT OF APPEAL, THIRD DISTRICT L.T. CASE NO. 3D BRIEF OF THE ACADEMY OF FLORIDA TRIAL LAWYERS, AMICUS CURIAE, SUPPORTING PETITIONERS POSITION LOUIS K. ROSENBLOUM Fla. Bar No LOUIS K. ROSENBLOUM, P.A Bayou Boulevard, Suite 36 Pensacola, Florida (850) (850) (fax) Attorney for Academy of Florida Trial Lawyers, Amicus Curiae

2 TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF CITATIONS i iii AMICUS CURIAE S IDENTITY AND INTEREST 1 ISSUE PRESENTED FOR REVIEW (as framed by petitioners) WHETHER FLORIDA S VALUED POLICY LAW, SECTION , FLORIDA STATUTES, LIQUIDATES THE AMOUNT DUE ON A TOTAL PROPERTY LOSS TO INCLUDE THE PRE-ESTABLISHED AMOUNT FOR LAW AND ORDINANCE FOR WHICH INSUREDS ARE CHARGED AND PAID A PREMIUM SUMMARY OF ARGUMENT 2 ARGUMENT 4 A. Standard of Review 4 B. Discussion 4 1. The district court s decision is contrary to the 4 purpose of the Valued Policy Law. 2. Citizens law or ordinance endorsement conflicts 7 with the Valued Policy Law. 3. The 2005 and 2006 legislative amendments to 9 sections and , Florida Statutes, indicate that the Legislature approved Mierzwa s construction of the statutes applicable to law or ordinance coverage. i

3 4. The Ceballo court misconstrued the applicable policy 14 language. CONCLUSION 16 CERTIFICATE OF TYPE SIZE AND STYLE 17 CERTIFICATE OF SERVICE 18 ii

4 TABLE OF CITATIONS CASES Auto-Owners Ins. Co. v. DeJohn, 640 So. 2d 158 (Fla. 5th DCA 1994)...8 Citizens Prop. Ins. Corp. v. Ceballo, No. 3D , (Fla. 3d DCA May10, 2006)...ii, 6, 8, 14, 15 City of Hollywood v. Lombardi, 770 So. 2d 1196 (Fla. 2000)...13 Couch v. Commission on Ethics, 617 So. 2d 1119 (Fla. 5th DCA 1993)...14 Fayad v. Clarendon Ins. Co., 899 So. 2d 1082 (Fla. 2005)...4 Florida Dep t of Children & Families v. F.L., 880 So. 2d 602 (Fla. 2004)...13 Hartford Fire Ins. Co. v. Redding, 47 Fla. 228, 37 So. 62 (1904)...4 Inter-Ocean Cas. Co. v. Hunt, 138 Fla. 167, 189 So. 240 (1939)...9 Interstate Fire Ins. Co. v. Hamilton, 356 So. 2d 1348 (Fla. 1st DCA 1978)...5 Malu v. Security Nat l Ins. Co., 898 So. 2d 69 (Fla. 2005)...13 Martin v. Sun Ins. Office of London, 83 Fla. 325, 91 So. 363 (1922)...8 Mierzwa v. Florida Windstorm Underwriting Ass n, 877 So. 2d 774 (Fla. 4th DCA 2004)...passim iii

5 Springfield Fire & Marine Ins. Co. v. Boswell, 167 So. 2d 780 (Fla. 1st DCA 1964)...5, 7 State Farm Mut. Auto. Ins. Co. v. Pridgen, 498 So. 2d 1245 (Fla. 1986)...9 STATUTES AND LAWS Ch , 14, Laws of Fla... 9, 12 Ch , 16, Laws of Fla... 9, 12 Ch , 23, Laws of Fla.... 9, 12 Section , Florida Statutes... i, 2, 3, 4, 5, 9, 13 Section (1), Florida Statutes... 4, 12 Section , Florida Statutes...13 Section , Florida Statutes...8 Section , Florida Statutes... i, 2, 3, 9, 12, 13 OTHER AUTHORITIES Black s Law Dictionary (5th ed. 1979)...14 iv

6 AMICUS CURIAE S IDENTITY AND INTEREST The amicus curiae, Academy of Florida Trial Lawyers ( AFTL ), is a large statewide association of trial and appellate attorneys whose practices emphasize litigation in many areas, including personal injury, wrongful death and insurance law. AFTL has an interest in the outcome of this case because the court s decision will affect a substantial number of insureds in this state who have pending insurance claims arising from property damage to structures, particularly windstorm damage caused during the 2004 and 2005 hurricane seasons. Many of those insureds are represented by AFTL members. 1

7 SUMMARY OF ARGUMENT Florida s Valued Policy Law ( VPL ), section , Florida Statutes (2004), requires an insurer to pay its insured the face amount of the policy when a covered peril causes a total loss to the insured structure. The statute was enacted to promote prompt settlement of claims, reduce vexatious litigation and prevent haggling between the insurer and insured over the amount of the insured s claim after a covered peril renders the insured property a total loss. To give effect to this legislative intent, the VPL dictates that the face amount of the policy in this case include both the policy limits for the dwelling and an additional twenty-five percent for law or ordinance coverage for which the insured paid a premium and the insurer designated as additional coverage. Any language in Citizens law or ordinance endorsement which suggests a contrary result must yield to the conflicting language in the VPL which requires the insurer to pay policy limits, including any additional coverage for law or ordinance, regardless of the amount actually spent by the insureds to rebuild their damaged structure. The 2005 and 2006 amendments to sections , Florida Statutes, and , Florida Statutes, requiring insurers to offer law or ordinance coverage in homeowners policies, support petitioners position that this court should adopt Mierzwa s interpretation of law or ordinance coverage under the VPL. Apparently reacting to Part I of the Mierzwa decision, which held that the VPL requires an 2

8 insurer to pay policy limits in cases where a combination of windstorm and flood causes a total loss, the 2005 Legis lature substantially revised section , Florida Statutes, by permitting insurers to adjust such losses on a pro rata basis for claims arising after June 1, Although this amendment to the VPL effectively overruled Part I of the Mierzwa decision, it did not disturb Part II of the Mierzwa decision which held that an insured is entitled to the full limit of law or ordinance coverage under the VPL in the event of a total loss without proof of the amount expended for modifications required by law or ordinance. The Legislature also amended section , Florida Statutes, in both 2005 and 2006 without disturbing Mierzwa s treatment of the law or ordinance issue. Based on these amendments, the legislature presumably found that Part II of the Mierzwa decision accurately reflects legislative intent. Assuming for the sake of argument that the policy language in Citizens law or ordinance endorsement prevails over the VPL, the district court below nevertheless misconstrued the term incur to require the insured to expend funds for modifications required by law or ordinance as a condition precedent to payment under the law or ordinance endorsement. The term incur means liable or subject to which is much broader than spend or expend and encompasses a situation where the insured must comply with laws or ordinances to rebuild the insured structure but decides not to rebuild. 3

9 ARGUMENT A. Standard of Review As petitioners correctly note, the de novo standard of review controls these proceedings. See Fayad v. Clarendon Ins. Co., 899 So. 2d 1082, 1085 (Fla. 2005). B. Discussion 1. The district court s decision is contrary to the purpose of the Valued Policy Law. Florida s Valued Policy Law ( VPL ) requires the insurer to fix the insurable value of the building, and to specify such value in the policy, and the measure of damages in case of total loss is fixed at the amount mentioned in the policy upon which a premium is paid. Hartford Fire Ins. Co. v. Redding, 47 Fla. 228, 37 So. 62, 65 (1904). The 2004 version of the VPL which applies in this case provides in pertinent part: In the event of the total loss of any building... insured by any insurer as to a covered peril... the insurer s liability, if any, under the policy for such total loss shall be in the amount of money for which such property was so insured as specified in the policy and for which a premium has been charged and paid (1), Fla. Stat. (2004). 1 As the statutory language unambiguously states, once liability is found on the policy insuring the building, which was a total loss, 1 Although the court below cited the 2005 version of the VPL, the 2004 version applies here because petitioners claim arose before the effective date of the 2005 amendment, June 1, See Petitioners Initial Brief on the Merits at 13 n.5. 4

10 the Valued Policy Law, Section , F.S., applies and the insurer must pay the amount of money for which such property was so insured as specified in the policy.... Interstate Fire Ins. Co. v. Hamilton, 356 So. 2d 1348, 1350 (Fla. 1st DCA 1978) (quoting section , Florida Statutes). The VPL was enacted to simplify and facilitate prompt settlement of insurance claims when a total loss occurs and suppress... haggling over the measure of liability. Springfield Fire & Marine Ins. Co. v. Boswell, 167 So. 2d 780, (Fla. 1st DCA 1964). As the court in Springfield Fire explained: It [Valued Policy Law] serves to remove what would otherwise be a very troublesome and difficult issue to resolve either between the parties by negotiation or by the courts in litigation. This issue is the money loss sustained which the insured must indemnify. The value specific property had is hard to ascertain after its destruction because the usual evidence relied upon for such assessment is unavailable. The difficulties and uncertainties this created were productive of suspicions of and opportunities for false or exaggerated claims on the one hand and for accusations, minimizations and oppressions on the other. Thus vexatious contests on this issue would persist when the best interests of all demanded prompt settlement and relief from the loss. A solution to this is found in the statute which in effect requires the parties to ascertain and agree in advance what the value is and in the case of total loss by the insured peril this amount shall be paid as liquidated damages. Id. at 784 (footnote omitted). Consistent with legislative intent, the Fourth District in Mierzwa correctly reasoned that if the building is deemed a total loss for the purpose of VPL it 5

11 should certainly be deemed a total loss for purposes of this ordinance or law coverage. Mierzwa v. Florida Windstorm Underwriting Ass n, 877 So. 2d 774, 779 (Fla. 4th DCA 2004). Thus, petitioners correctly argue that the amount of money Citizens is required to pay in this case under the VPL includes the limit of liability under Coverage A ($125,000) plus an additional twenty-five percent for law and ordinance coverage ($31,250), less the applicable deductible ($1,000). The district court s holding to the contrary promotes haggling over the amount of the insureds claim for rebuilding their structure after a total loss which is directly contrary to the purpose of the VPL. AFTL respectfully disagrees with the Third District s finding that the insureds interpretation of the VPL gives them a windfall. Citizens Prop. Ins. Corp. v. Ceballo, No. 3D , slip op. at 6 (Fla. 3d DCA May 10, 2006). Because the VPL is a liquidated damage provision, see Petitioners Initial Brief on the Merits at 10, the insured will undoubtedly receive more or less than the actual value of his property after suffering a total loss. But neither insured nor insurer receives a windfall because they agreed to the insureds damages in advance. As noted by the First District: This is not an unfair scheme, as the insured is stating the limits of his recovery and at the same time the insurer is basing his premium charges on the extent of his maximum exposure. When the total loss occurs neither can contend the value of the destroyed property is any different from what they had previously specified. 6

12 Springfield Fire, 167 So. 2d at 784. Additionally, the district court s windfall argument is incorrect because Citizens provided the law or ordinance coverage as additional insurance. The law or ordinance endorsement begins at page two of the special provisions at paragraph nine. At the end of the endorsement on page three, the policy plainly states: This coverage is additional insurance. By contrast, the special provisions at page two, paragraph nine, provide coverage for damage to glass or safety glass glazing material. At the end of paragraph nine, Citizens policy states: This coverage does not increase the limit of liability that applies to the damaged property. Thus, by comparing these two special provisions, it becomes readily apparent that Citizens intended to increase the policy limit by twenty-five percent when it added the law or ordinance endorsement. 2. Citizens law or ordinance endorsement conflicts with the Valued Policy Law. The law or ordinance endorsement in Citizens policy states that the insurer will pay the insureds up to twenty five percent (25%) of the limit of liability that applies to COVERAGE A for the increase costs you incur due to the enforcement of any ordinance or law which requires or regulates building construction. (emphasis supplied). Apparently relying on the word incur, the court below held that the insureds can recover the twenty-five percent limit of liability for law or 7

13 ordinance coverage only if they actually incur the covered expanses. Ceballo, slip op. at 5-6. AFTL respectfully suggests that this conclusion conflicts with the VPL which requires the insurer to pay the face amount of the policy for which a premium had been paid in the event the insured sustains a total loss regardless of whether the insurer actually incurs the expense of rebuilding the insured structure. In one of the earliest cases interpreting the VPL, this court directed that any provisions of the policy under consideration in conflict with the statute [VPL] are devitalized by it. Martin v. Sun Ins. Office of London, 83 Fla. 325, 91 So. 363, 365 (1922). This statement is consistent with section , Florida Statutes (2004), which provides: All contracts of casualty insurance covering subjects resident, located, or to be performed in this state shall be subject to the applicable provisions of this part and to the other applicable provisions of this code. See also Auto-Owners Ins. Co. v. DeJohn, 640 So. 2d 158, 161 (Fla. 5th DCA 1994) ( When an insurance policy does not conform to the requirements of statutory law, a court must write a provision into the policy to comply with the law, or construe the policy as providing the coverage required by law. ). Based on these authorities, the VPL supersedes any contrary language in Citizens law or ordinance endorsement which attempts to limit the insurer s liability to actual costs expended by the insureds for law or ordinance modifications. Further, to the extent the conflict between the VPL and Citizens 8

14 law or ordinance endorsement creates an ambiguity in the policy, that ambiguity must be resolved in the insureds favor to afford the greatest possible indemnity. See Mierzwa, 877 So. 2d at (citing State Farm Mut. Auto. Ins. Co. v. Pridgen, 498 So. 2d 1245 (Fla. 1986); Inter-Ocean Cas. Co. v. Hunt, 138 Fla. 167, 189 So. 240 (1939)). 3. The 2005 and 2006 legislative amendments to sections and , Florida Statutes, indicate that the Legislature approved Mierzwa s construction of the statutes applicable to law or ordinance coverage. The law or ordinance endorsement in Citizens policy implicates two separate provisions of the Florida Insurance Code, the VPL, section , Florida Statutes (2004), and section , Florida Statutes (2004), which requires insurers to offer insureds homeowners insurance policies with replacement coverage and law or ordinance coverage up to twenty-five percent of the policy limits on the dwelling. The Legislature revised both sections in 2005 and amended section again in See Ch , 14, 16, Laws of Fla.; Ch , 23, Laws of Fla. Because the loss in this case occurred in 2004, neither the 2005 nor 2006 amendments apply. However, based on the following argument, those amendments suggest that the Legislature approved Mierzwa s interpretation of law or ordinance coverage under the 2004 statutes. 2 2 Mierzwa actually interpreted the 2003 version of the VPL. However, the 2003 and 2004 versions are the same. 9

15 In Part I of the Mierzwa decision, the Fourth District held that the insurer in that case was required to pay its insured the face amount of the windstorm policy under the VPL even though a substantial portion of the total loss was attributable to flood damage which was excluded by the policy. In so holding, the court applied the plain meaning of the statute to reject the insurer s contention that its liability was limited to the pro rata share of the loss caused by windstorm: The meaning of the VPL is simple and straightforward. There are two essentials in the statute. The first is that the building be insured by [an] insurer as to a [e.s.] covered peril (1). The second is that the building be a total loss. If these two facts are true, the VPL mandates that the carrier is liable to the owner for the face amount of the policy, no matter what other facts are involved as to the cost of repairs or replacement. That is to say, if the insurance carrier has any liability at all to the owner for a building damaged by a covered peril and deemed a total loss, that liability is for the face amount of the policy. VPL (1) ( [T]he insurer's liability, if any [e.s.] shall be [the face amount of insurance]. ) Mierzwa, 877 So. 2d at (emphasis the court s). 3 In apparent response to Part I of Mierzwa, the 2005 Legislature substantially 3 Part I of the Mierzwa decision which addresses the windstorm-flood issue is not involved in this case. At least three cases involving Part I are pending in the District Court of Appeal, First District. See Citizens Property Ins. Corp. v. Scylla Properties, LLC, No. 1D ; Florida Farm Bur. Cas. Ins. Co. v. Cox, No. 1D ; Citizens Property Ins. Corp. v. Ueberschaer, 1D

16 revised the VPL as follows: Valued policy law (1)(a) In the event of the total loss of any building, structure, mobile home as defined in s (2), or manufactured building as defined in s (12), located in this state and insured by any insurer as to a covered peril, in the absence of any change increasing the risk without the insurer s consent and in the absence of fraudulent or criminal fault on the part of the insured or one acting in her or his behalf, the insurer s liability, if any, under the policy for such total loss, if caused by a covered peril, shall be in the amount of money for which such property was so insured as specified in the policy and for which a premium has been charged and paid. (b) The intent of this subsection is not to deprive an insurer of any proper defense under the policy, to create new or additional coverage under the policy, or to require an insurer to pay for a loss caused by a peril other than the covered peril. In furtherance of such legislative intent, when a loss was caused in part by a covered peril and in part by a noncovered peril, paragraph (a) does not apply. In such circumstances, the insurer s liability under this section shall be limited to the amount of the loss caused by the covered peril. However, if the covered perils alone would have caused the total loss, paragraph (a) shall apply. The insurer is never liable for more than the amount necessary to repair, rebuild, or replace the structure following the total loss, after considering all other benefits actually paid for the total loss. (c) It is the intent of the Legislature that the amendment to this section shall not be applied retroactively and shall apply only to claims filed after effective date of such amendment. 4 The underlined text was added in 2005 and the struck-through text deleted in

17 Ch , 16, Laws of Fla. Contrary to the previous version of the VPL, the 2005 amendment to section (1), Florida Statutes, permits the insurer to apportion the benefits payable for a total loss between covered and excluded perils. Although this amendment essentially nullified Part I of Mierzwa regarding apportionment between windstorm and flood damage, the legislature did not disturb Part II of the Mierzwa decision dealing with law or ordinance coverage. The 2005 legislature also amended section , Florida Statutes, by requiring insurers to offer law or ordinance coverage up to fifty percent of the policy limits on the dwelling rather than twenty-five percent, prohibiting insurers from reserving a holdback for depreciation when adjusting losses and requiring insurers to include a statement in policies notifying insureds that they may need law or ordinance coverage and flood coverage. See Ch , 14, Laws of Fla. The 2006 Legislature again amended section , primarily to add a new subsection which clarifies the insurer s obligations under a replacement cost endorsement. See Ch , 23, Laws of Fla. As with the 2005 amendment to the VPL, the 2005 and 2006 amendments to section did not alter Mierzwa s interpretation of law or ordinance coverage. With this legislative history in mind, it is well settled that [t]he Legislature is presumed to know the judicial constructions of a law when amending that law, and the Legislature is presumed to have adopted prior judicial constructions of a 12

18 law unless a contrary intention is expressed. Florida Dep t of Children & Families v. F.L., 880 So. 2d 602, 609 (Fla. 2004). Because the 2005 and 2006 amendments to sections and did not alter or even address Mierzwa s construction of law or ordinance coverage under the VPL, the court should presume that the Legislature approved Mierzwa s construction of the statutes affecting that issue. See Malu v. Security Nat l Ins. Co., 898 So. 2d 69, (Fla. 2005) ( Thus, when the Legislature revised section , it presumably was aware of the Fifth District s decision in Hunter. Since the revised statute does not explicitly or implicitly reject Hunter s inclusion of medical transportation expenses as a covered benefit under the statute, we must assume legislative approval of the Fifth District s construction of the statute until the Legislature acts otherwise. ); F.L., 880 So. 2d at 609 ( In 1998, the Legislature added subsection (i) to the grounds enumerated in section (1) for terminating parental rights.... Nothing expressed or implied in subsection (i) suggests that the Legislature intended to abolish the constitutional mandate of Padgett. Padgett, therefore, represents a binding judicial construction of the statute governing the termination of parental rights. Padgett s requirements remain unchanged by the 1998 amendment adding subsection (i) to section (1). ); City of Hollywood v. Lombardi, 770 So. 2d 1196, 1202 (Fla. 2000) ( Accordingly, we find nothing in the 1989 legislative changes to section that would, either 13

19 expressly or by implication, overturn this Court s holding in Norman, 468 So. 2d at 228. Norman therefore represents a binding judicial construction of the equitable distribution statute that remains unchanged after the 1989 amendments. ). 4. The Ceballo court misconstrued the applicable policy language. The law or ordinance endorsement in Citizens policy requires the insurer to pay up to twenty-five percent of the limit of liability for dwelling coverage for the increase costs you incur due to the enforcement of any ordinance or law.... (emphasis supplied). Although not entirely clear from the opinion, the court below construed this provision to mean that the insurer is not obligated to pay law or ordinance coverage until the insured actually expends funds for modifications required by law or ordinance. See Ceballo, slip op. at 5-6 ( However, as provided in the policy, they may receive a maximum of 25% of the limit of liability, only if they actually incur the covered expenses. ). Assuming for the sake of argument that Citizens law or ordinance endorsement does not conflict with the VPL, Ceballo s interpretation of the operative policy language is too restrictive. The word incur means [t]o become liable or subject to. Couch v. Commission on Ethics, 617 So. 2d 1119, 1126 (Fla. 5th DCA 1993) (quoting Black s Law Dictionary (5th ed. 1979)). An insured may become liable or subject to the increased costs of reconstruction 14

20 caused by enforcement of laws or ordinances without spending any money as the district court requires, particularly if the insured decides not to rebuild. The Third District s erroneous construction of the law or ordinance endorsement becomes more apparent after examining language found elsewhere in Citizens policy. In paragraph 3.b.(1)(c) at page ten of the policy, Citizens lists several payment options for replacement cost coverage. One payment option is [t]he necessary amount actually spent to repair or replace the damaged building. (emphasis supplied). If Citizens wanted the word incur in the law or ordinance endorsement to mean money actually spent by the insured, the replacement cost provision quoted above shows that the insurer knew exactly how to unambiguously word the policy to convey that meaning. Thus, by using the word incur, the insurer obviously meant something other than actually spent. Finally, the Third District s interpretation of the word incur will prevent many insureds from rebuilding their homes after a major casualty such as a hurricane or fire. The average insured cannot pay for the increased rebuilding costs required by the enforcement of laws or ordinances until he receives a check from the insurance company for that purpose. However, under Ceballo s interpretation of the policy, the insurance company will not give the insured a check for the increased rebuilding costs required by law or ordinances until the insured actually pays for these costs. This creates a classic Catch-22 15

21 predicament for insureds which the courts should not allow unless crystal clear language in the applicable statutes and policy dictates this unfortunate result. CONCLUSION The court should approve Mierzwa and quash the district court s decision with directions to the district court on remand to affirm the final judgment. Respectfully submitted: LOUIS K. ROSENBLOUM Fla. Bar No LOUIS K. ROSENBLOUM, P.A Bayou Boulevard, Suite 36 Pensacola, Florida (850) (850) (fax) lrosenbloum@rosenbloumlaw.com Attorney for Academy of Florida Trial Lawyers, Amicus Curiae 16

22 CERTIFICATE OF TYPE SIZE AND STYLE The undersigned attorney hereby certifies that this brief was prepared using a 14-point Times New Roman proportionally spaced font in accordance with Rule 9.210(a)(2), Florida Rules of Appellate Procedure. LOUIS K. ROSENBLOUM Fla. Bar No LOUIS K. ROSENBLOUM, P.A Bayou Boulevard, Suite 36 Pensacola, Florida (850) (850) (fax) lrosenbloum@rosenbloumlaw.com Attorney for Academy of Florida Trial Lawyers, Amicus Curiae 17

23 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to James M. Fishman, Esquire, James M. Fishman, P.A., 9655 South Dixie Highway, Suite 102, Dadeland Professional Building, Pinecrest, Florida 33156, attorney for respondent; Lauri Waldman Ross, Esquire, Lauri Waldman Ross, P.A., Two Datran Center, Suite 1612, 9130 S. Dadeland Boulevard, Miami, Florida 33156, attorney for petitioners; and Keith A. Truppman, Esquire, Mintz, Truppman, Clein & Heiger, 1700 Sans Souci Boulevard, North Miami, Florida 33181, attorneys for petitioners, by U.S. Mail this 17th day of July, LOUIS K. ROSENBLOUM Fla. Bar No LOUIS K. ROSENBLOUM, P.A Bayou Boulevard, Suite 36 Pensacola, Florida (850) (850) (fax) lrosenbloum@rosenbloumlaw.com Attorney for Academy of Florida Trial Lawyers, Amicus Curiae 18