A Times Editorial

Unsafe skies, a year later

Legislators never heard a word - not in public, anyway - to explain why this was necessary or why the lives of Floridians should be worth less than the lives of other people when multiple jurisdictions are involved. It was wrong to put that in the law and unconscionable to leave it in.

© St. Petersburg Times, published May 3, 2000

When Gov. Jeb Bush signed the so-called tort reform bill a year ago, he said he was "troubled" by an 11th-hour amendment that protects the operators of aging aircraft from being sued for damages when they crash. He called for a "good-faith" effort to repeal it this year.

This year's session is almost over, and what has happened with the bill? Next to nothing. It cleared only one of the three Senate committees to which it was sent -- and neither of two committees in the House.

So it looks as if prudent Floridians will still want to know whether they're boarding a plane that's more than 20 years old, as about a third of the domestic air fleet is. If it crashes because of equipment failure, their families might be able to collect nothing. Neither could anyone injured or killed on the ground.

Legislators never heard a word -- not in public, anyway -- to explain why this was necessary or why the lives of Floridians should be worth less than the lives of other people when multiple jurisdictions are involved. It was wrong to put that in the law and unconscionable to leave it in.

Ask who's to blame, and fingers get pointed. Senate Majority Leader Jack Latvala says the trial lawyers' lobby "told me they didn't want it out because it was part of their court case." But lobbyists for the trial lawyers say he misunderstood. Their concern, they say, was that the bill might be amended to further restrict lawsuits for wrongful death and injury.

They noted also that only the success of their pending lawsuit against the entire law could revoke the exemption for aircraft that are already 20 years old. That's true, but it's no reason for the Legislature to dawdle while more and more commercial aircraft pass the magic mark and the welfare of more and more Florida families is put at risk.

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