STATE NEWS BRIEFS

[Stock image]

A constitutional challenge to a 2021 Florida law that placed restrictions on social media platforms will continue well into 2026. U.S. District Judge Robert Hinkle on Dec. 15 scheduled a summary judgment hearing for June 8 in the case, and a trial, if necessary, will start on Sept. 8.

A summary judgment ruling could short circuit the need for a trial. The tech industry groups NetChoice and the Computer & Communications Industry Association filed the challenge in 2021, arguing that the law violates First Amendment rights. Among other things, the law would prevent platforms from banning political candidates from their sites and require companies to publish — and apply consistently — standards about issues such as banning users or blocking their content.

Gov. Ron DeSantis and the Republican-controlled Legislature passed the law after Facebook and Twitter, now known as X, blocked President Donald Trump from their platforms after Trum p supporters stormed the U.S. Capitol on Jan. 6, 2021.

Hinkle in 2021 issued a preliminary injunction to halt the law on First Amendment grounds and an appeals court in 2022 upheld most of his ruling. But the U.S. Supreme Court last year vacated the appeals court ruling and sent the lawsuit back to the lower courts. Hinkle in May rejected a request by the state to dismiss the case.

Lawsuit limit changes on House fast track

The Florida House has continued moving forward with a proposal that would revamp the state’s sovereign immunity laws and lead to government agencies paying more money in negligence lawsuits.

The House Judiciary Committee recently voted 12-2 to approve the bill (HB 145), sponsored by Rep. Fiona McFarland, R-Sarasota. The bill has cleared all of its assigned committees and is ready to go to the full House after the 2026 legislative session starts Jan. 13.

Sovereign immunity laws generally are designed to shield government agencies from costly lawsuits. The issue centers on people who pursue lawsuits over injuries caused by government negligence.

Under a law passed in 2010, government agencies’ liability in such cases is capped at $200,000 for payments to a single person and $300,000 if multiple people are involved in an incident, though the caps can be exceeded if lawmakers pass a special type of measure known as a “claim” bill. McFarland’s proposal would increase the caps to $500,000 and $1 million, respectively, for cases that begin as of Oct. 1 and $600,000 and $1.2 million for cases as of Oct. 1, 2031. It also would allow agencies such as cities and counties to settle lawsuits above the limits without needing the Legislature to approve claim bills.

Groups such as the Florida League of Cities, Florida Association of Counties and the Safety Net Hospital Alliance of Florida oppose the bill.

Rep. Tom Fabricio, R-Miami Lakes, and Rep. Patt Maney, R-Shalimar, cast dissenting votes.

The House passed a bill during the 2025 session to revamp the sovereign immunity laws, but it was not taken up in the Senate.