Federal Judge Dismisses Lawsuit to Block Florida PIP Reform

The R Street Institute, a free-market think tank headquartered in Washington, D.C., has issued a press release praising therecent orderby Judge Richard Lazzara of the U.S. District Court for the Middle District of Floridadismissing a lawsuit by chiropractors, acupuncturists, and massage therapists that sought to block implementation of reforms passed last year to Floridas personal injury protection auto insurance system.

In his decision, Lazzara found no basis for the plaintiffs claims that, because the law constrains PIP coverage for chiropractors and proscribes it altogether for massage therapists and acupuncturists, they were denied due process and equal protection under the Fifth and 14th Amendments to the U.S. Constitution.

What plaintiffs fail to grasp is that although they do have a state-created property interest in their professional licenses, that interest is only subject to procedural due process protection and not substantive due process protection, Lazzara wrote, adding that the practitioners procedural due process rights are covered by the legislative process that passed the law.

Lazzara added that the statutory restrictions in the PIP reform law do not appear to impinge on the plaintiffs liberties to follow their chosen professions. In a press release, R Street Florida Director Christian R. Cara called the decision a victory for Florida consumers.

Governor Scott and the Florida Legislature heard the calls from Florida consumers about their runaway auto insurance costs and took action to cut out the fraud and unscrupulous claims that were driving up rates, Cara said in the release. The federal court did the right thing in upholding those cost-saving, pro-consumer reforms by throwing out this lawsuit. It is unfortunate that opponents of reform whocouldn'tget their way in the Capitol last year insist on using the courts to legislate on their behalf.

Lazzaras decision allowed the plaintiffs to proceed with a separate suit in Florida state court, which he said was in a better position to judge unique claims made under Florida constitutional law. That suitwas filed Jan. 9 in Tallahassee in the2nd Judicial Circuit Court of Florida.