Rep. Fabian Basabe (R-Miami Beach) filed a bill in the House this week to provide more transparency and guardrails for state courts to identify funding of cases and prevent conflicts of interest, including from possible foreign interference, during legal proceedings.
The bill, Basabe says, intends to make sure lawsuits are driven by "justice, not money or influence."
"Lawfare uses litigation as a weapon not to seek justice, but to intimidate, extract sensitive information, and financially crush people and businesses alike," Basabe said in a statement to The Floridian this week. "It does not matter whether the bully is a person, government entity, a corporation, or an outside financier. When lawsuits are driven by profit and leverage rather than legal merit, this is a clear abuse of the system."
"A growing driver of this problem is unregulated third-party litigation financing, where outside investors operating in the shadows fund lawsuits for profit," Basabe added. "In some cases, these arrangements create clear conflicts of interest, allowing financiers to influence legal strategy, override a plaintiff’s desire to settle, and burden our courts with prolonged litigation to maximize returns."
Rep. Basabe has represented House District 106 since 2022. The area includes North Bay Village, Sunny Isles Beach, and Miami Beach.
"At the same time, defendants are often pressured to settle, comply, or walk away from their own rights, not based on the merits of a claim, but because defending themselves becomes prohibitively expensive or risky, including through the exposure of proprietary or sensitive information for outside financial or political interests," Basabe said. "That is not justice. That is coercion through process."
Basabe added that the bill will restore integrity and transparency to the courts by putting Floridians in control of their cases over foreign interference, saying that it would ensure legal strategy remains with the party involved and not a third-party investor so "financiers cannot take more from a settlement or verdict than the harmed party; and that notice is given when significant foreign funding is involved."
He shared that the bill would also protect against the misuse of sensitive or proprietary information obtained through litigation.
"Lawfare is lawfare, no matter who uses it, and no matter who funds it," Basabe commented. "This legislation makes clear that Florida’s courts exist to resolve disputes fairly, not to be used as a weapon for profit-driven or foreign-influenced lawfare that pressures people and businesses into outcomes that depress our economy and restrict our rights.”
If passed, the bill will take effect on July 1.
