Florida's Fifth DCA Opens The Debate On HB 837's Retroactivity

In the November 2024 case Wolf v. Williams, the District Court of Appeal of Florida, Fifth District affirmed the trial court's ruling that rejected the defendant's attempt to apply the new medical expense evidence restrictions (HB 837) under Florida Statute 768.0427 retroactively. The court's decision hinged on the explicit language of the statute's enacting legislation, which clearly states that the act applies only to causes of action filed after the effective date of March 24, 2023. Consequently, the court maintained that the preexisting medical billing evidence rules would continue to govern cases filed prior to the statute's effective date, preserving the plaintiff's ability to present medical expenses according to the legal standards in place when the case was originally filed.