ORLANDO, Fla. — Florida lawmakers are moving forward with a bill that would give protections to property owners and ultimately insurers under civil lawsuits. The Florida Senate Judiciary Committee, in an 8-4 vote, determined the bill favorable after a three-hour meeting Tuesday in Tallahassee.

What You Need To Know

  • The Florida Senate Judiciary Committee voted to move forward Senate Bill 236 on Tuesday

  • Senate Bill 236 is facing opposition from crime victims’ families throughout the state who believe it would make it harder to hold places like apartment complexes accountable when crimes occur on their property

  • The bill, which has a similar measure – House Bill 837 – would make it harder for people to sue insurers for not properly handling and settling claims

  • Both versions of the bill are quickly moving through committees and could come to a full vote in the next couple of weeks

However, Senate Bill 236 is facing opposition from crime victims’ families throughout the state. They believe it would make it harder to hold places like apartment complexes accountable when crimes occur on their property.

A year and a half after Miya Marcano was killed by a maintenance worker at the Arden Villas apartment complex in Orlando, her father Marlon Marcano spoke to lawmakers in opposition to the bill.

“She was murdered in her apartment where she lived and also worked for these people,” Marcano said as he described the horrific crime to lawmakers.

Marcano has spent much of the last year and a half fighting for changes.

“I haven’t even had the time to fully grieve,” said Marcano.

He’s now asking lawmakers to either change, or not pass the bill, which would provide protections for insurance companies facing lawsuits over the negligence of properties where crimes are committed.

“At the end of the day somebody has to be held accountable for their wrongdoings, and in this situation the apartment complex has to be held accountable, because again, the person that murdered my daughter is no longer here, he took his own life,” said Marcano.

The bill, which has a similar measure — House Bill 837 — would make it harder for people to sue insurers for not properly handling and settling claims. It would also eliminate the requirement for insurers, like auto-insurance companies, from paying attorney fees for plaintiffs who are successful in lawsuits. It would also require property companies to be more than 51% at fault to pay damages in negligence lawsuits, something opponents say would be tough to prove to a jury because the names of criminals involved would be on jury forms.

The bill would also revise laws about what medical evidence can be used in personal injury and wrongful death cases. An Orlando attorney argued in favor of the bill, saying he’s seen plaintiffs exaggerate the cost of medical bills to get a larger settlement in court.

“The plaintiff only proffered at trial the half of the bills they did not submit to insurance, so that the artificially inflated number was shown. We need to stop this manipulation and support this bill,” said Frank Pierce, who represents the Florida Defense Lawyers Association.

However, several family members of victims of brutal crimes told lawmakers this would hurt their ability to hold companies accountable. 

Marcano says he’s fighting for what is right, as he remembers his daughter Miya.

“At the end of the day, all I can do is carry on her legacy, and try to make sure that we set out to protect people and ensure other families won’t go through what my family has gone through,” said Marcano.

Both versions of the bill are quickly moving through committees and could come to a full vote in the next couple of weeks.