In the News
February 29, 2024
Florida widow of cyclist killed in crash by cop wins $3 million verdict but can’t collect
“When there’s a bigger pot of money available, I use this phrase, when the honey pot is bigger, there will be more bears coming for it,” said Mark Delegal, general counsel of the Safety Net Hospital Alliance of Florida, which represents public, teaching and children’s hospitals, including Jackson Health System, Nicklaus Children’s Hospital, Mount Sinai Medical Center, Broward Health and Memorial Healthcare System. He said patients will face higher hospital bills if hospitals have to spend millions more on insurance.
February 26, 2024
Florida lawmakers postpone ‘fetal personhood’ bill after Alabama IVF ruling
Mark Delegal, a lobbyist who represents companies that insure doctors, said one of his concerns was how damages would be awarded if a doctor were sued under the bill.
Florida already has a shortage of obstetricians and gynecologists, and they pay some of the highest medical malpractice insurance rates in the country. Delegal said obstetricians in Los Angeles pay $49,000 in annual premiums, compared to Miami, where premiums average $226,000 a year. If the bill were to pass, so-called “net accumulations” measuring someone’s potential lifetime worth could subject physicians to extensive new liabilities, he said.
February 21, 2024
Controversial Florida bill advances allowing civil lawsuits for wrongful death of an ‘unborn child’
Mark Delegal, a lobbyist representing The Doctors Company, the largest insurer of physicians in Florida, echoed worries over the bill’s impact on healthcare providers and the state’s already strained OB/GYN workforce.
Florida has reportedly the highest medical-malpractice insurance rates for obstetricians and gynecologists in the entire country, according to Delegal. Obstetricians in the Miami area pay an estimated $226,000 a year in premiums, compared to $49,000 in Los Angeles.
“We have concerns and oppose this bill because it expands liability for healthcare providers, and that’s why we object to it,” Delegal stated.
Nov 1, 2023
Runner-Up Boutique Lobbying Firm of the Year
Delegal | Aubuchon Consulting has been recognized by Influence Magazine in its Fall 2023 edition as “Runner-Up Boutique Lobbying Firm of the Year” for its notable achievements on behalf of its clients across numerous industries. Read more here.
April 17, 2023
INFLUENCE Magazine’s most powerful people in Florida health care politics
Delegal is the co-founder (along with Josh Aubuchon) of the public policy and government relations firm Delegal | Aubuchon Consulting. Delegal, a lawyer and lobbyist, focuses his lobbying efforts on all lines of insurance and recently backed efforts to expand wrongful death lawsuits against physicians and hospitals. Delegal also helped secure $30 million in health care research funding for Florida’s three academic cancer centers.April 13, 2023
Bill paying $1.85M to Tampa man wrongly imprisoned for 37 years advances to Senate floor
Mark Delegal, a partner at consulting firm Delegal Aubuchon Consulting, which is working pro bono on DuBoise’s behalf, said the money DuBoise would receive can’t replace the years he lost, “but it will go a long way in helping Robert move forward with his life and pursue his dream of owning his own business.
“We’re honored to stand alongside Mr. DuBoise during this process and look forward to his next chapter,” he said.
March 23, 2023
Scott Jenkins: Floridians need greater access to safe, affordable consumer loans
Consumer loans, or state-regulated non-bank loans, provide more access to safe, affordable loan options to lower-income Floridians with bad or no credit. Consumer finance loans contain fixed interest rates, fixed terms, and fully amortized, level payments to support household budget management. These loans help Florida families on their path to economic sustainability with better credit scores and financial stability ahead.
March 19, 2023
Episode 33: Bottoms Up! Advocating for Florida’s Breweries
Dara chats with the Florida Brewers Guild president Brooke Malone and lobbyist Josh Aubuchon about advocating for the folks who churn out beer for Floridians every day
March 17, 2023
“Freedom for Beer”: M.I.A.’s Eddie Leon Breaks Silence on Distribution Woes
“Franchise law is on the to-do list. Right now, educating the legislators is key,” agrees Joshua Aubuchon, who acts as general counsel and lobbyist for the FBG. “This year, we have 40 new members in the House alone, and for many of them, this will be the first time even hearing about these issues. There’s going to be some work getting them up to speed — even sharing examples like the problems facing M.I.A. — to really show the necessity for the changes we hope to make.”
March 14, 2023
Florida lawmakers look to curb windshield lawsuits
Mark Delegal, a lobbyist for State Farm Mutual Automobile Insurance Co., pointed Tuesday to a need to do away with assignment of benefits for auto-glass claims and to eliminate incentives for motorists to make claims.
“These things (assignment of benefits) are often obtained under duress or with a box of steaks,” Delegal said.
March 14, 2023
House panel OK’s bill targeting auto glass repair lawsuits
Auto insurers countered that something must be done to reduce the number of lawsuits, since Florida is outpacing the rest of the nation in such claims that end up in court.
“We have 99% of our auto glass litigation in the state of Florida,” said State Farm lobbyist Mark Delegal. “Something’s amiss.”
Controversial Lawsuit Limits Backed in House
“Floridians are paying some of the highest automobile-insurance rates in the country, and, frankly, this is a tax by the rich plaintiffs’ bar against the poor working families of Florida,” said Mark Delegal, a lobbyist for State Farm Mutual Automobile Insurance Co. “It needs to be addressed.”
Lobbying Compensation: Delegal | Aubuchon earns $1.4M in 2022
Delegal, with nearly 30 years of experience in the field was INFLUENCE Magazine’s 2016 Insurance Lobbyist of the Year and has remained listed in the Chamber’s USA guide to America’s Leading Business Lawyers since 2006. Rounding out the resume, he was also the 2015 “Tally Madness” Champion.
First Read
CONGRATULATIONS: Mark Delegal, partner with Delegal | Aubuchon Consulting, has again been recognized as one of the nation’s top lawyers in both the Chambers USA and Super Lawyers® Legal Guides.
What They Are Saying: Florida Property Insurance Reforms
“State Farm believes the provisions of Governor DeSantis’s legislative package dealing with lawsuit abuse clearly recognize that insurance is a pocketbook issue for consumers, and that the best way to bring about needed reforms is to stop excessive and meritless litigation that drives costs for the public. We thank Governor DeSantis and Commissioner Altmaier for their leadership and for working with legislators to craft this important package,” said Mark Delegal, Lobbyist for State Farm Florida Insurance Company.Erin Grall: PIP is coming back in 2022, but not ‘phantom medical bills’
Mark Delegal said Tuesday that injustices resulting from the system weren’t really discussed. So the standpoint is that people know the rules of the road.
“But the rules of the road are everyone is driving 180 miles an hour. That’s the rule. And it needs to be fixed to 70 miles an hour,” he said.”
Chris Sprowls renews push for data privacy as opposition mounts from insurers, business groups
“The only winner in that equation are the lawyers who will grind away at an infinite number of hours over pennies for a consumer,” Delegal said. “And the only winner who comes out is a lawyer collecting fees for that.”
Personnel note: Delegal | Aubuchon adds Scott Jenkins as government affairs director
“Scott’s industry experiences along with his work on political campaigns and political advising will be a great complement to our services,” firm partner Mark Delegal said. “Most importantly, we have confidence in his integrity and work ethic.”
Sunburn — The morning read of what’s hot in Florida politics
Tallahassee-based attorney Mark Delegal, partner with Delegal & Aubuchon, was recently ranked among the nation’s leading lawyers in both the 2021 Chambers USA and Super Lawyers® Legal Guides.
TLH Briefcase
Tallahassee-based attorney Mark Delegal, partner with Delegal & Aubuchon, was recently ranked among the nation’s leading lawyers in both the 2021 Chambers USA and Super Lawyers® Legal Guides.
Florida chief judge wins Pinellas liquor license lottery
In Pinellas County, Antonacci’s license is probably worth about $445,000, according to Josh Aubuchon, a Tallahassee lobbyist who represents craft brewers and distilleries. “The demand is just going crazy,” Aubuchon said.
1930s law bars Florida breweries from distributing their own beer
“It’s kind of crazy when you think about it,” said Josh Aubuchon, a partner with Delegal Aubuchon Consulting in Tallahassee and a lobbyist for the Florida Brewers Guild. “You’ve got folks who make a product, but can’t sell it to other retailers. They’re required by law to sell it to a third party to pick it up and deliver it.”
Bid To Overturn Key West Vote May Be Sinking
Josh Aubuchon, a lobbyist for the group Florida Ports for Economic Independence, which has opposed the measure, also saw little chance of the bill moving forward. “I wouldn’t say it is buried in the ground just yet … but I’m not getting a pulse,” Aubuchon said Tuesday.
Lawmakers weigh changes in program for injured infants
“Those of you who have been around a few years know that tort reform is extremely, extremely difficult. If you put the termination provision in, the ability to get it back will be World War III … Once that sunset sets in, it’s armageddon.” said lobbyist Mark Delegal, whose clients include The Doctors Company, which provides medical-malpractice coverage for physicians.
Florida Senate votes to overturn local voters on Key West cruise ship restrictions
House sponsor Spencer Roach, R-North Fort Myers, argued the November 2020 vote was based on trying to attract a different class of tourists to the community, rather than on environmental issues, as backers of the referendum say. But Josh Aubuchon, a lobbyist for the group Florida Ports for Economic Independence, said the referendum placed “reasonable” limits on cruise ships to protect the environment and conserve the community character of the Keys.
Key West business owners lobby legislators over port bill
Lobbyist Josh Aubuchon, hired by the activists, explained that the referendum would not stop 94% of the cruise ship traffic that comes into port and would allow 35 current vessels to qualify and another 49 cruise ships under construction.
What’s the status of a bill to overturn Key West’s cruise vote? It’s getting narrower
Josh Aubuchon, representing Florida Ports for Economic Independence, told the Senate committee the proposal is intended to simply overturn an election.
“Unlike other local regulations that burden private property, that say you can’t paint your building this color or you can’t do this, you can’t do that with your own private property, these referenda are all about the city-owned port,” Aubuchon said. “So, basically, we’re telling the folks down in Key West, who voted for these referenda, they knew what they were voting on, that while they can elect their representatives there, that they can’t control their own port that they own.”
Bill would end some medical malpractice suit immunity
Mark Delegal, representing three companies that insure doctors and some hospitals, said doctors in some practice areas pay several times the insurance premiums as those in other states and the bill would worsen that.
“The balance you’re going to have to decide today is can we compensate every single person in every single circumstance who has sadness,” he said. “There’s been an assertion here this won’t cause rates to increase. No one has presented data on that.”
Scaled-Back Bill Targets Florida Port Regulations
Josh Aubuchon, representing the recently formed group Florida Ports for Economic Independence, said Key West voters decided to change the business model of the port to protect their waters and keep the character of the island “unique, cool and funky.”
“In four years, the image of the Keys as a destination has been in decline,” Aubuchon said. “In 2019, Fodor’s travel magazine put the Keys on the no-do list, warning tourists to avoid the area because of overcrowding, the deterioration of the coral reef, and if you’ve ever gone out there snorkeling and seeing the coral reefs, it’s pretty breathtaking. And all these conditions are being made worse by the large cruise ships.”
A session unlike any before to kickoff Tuesday
In-person testimony is now remote via video from a mile away, but you still have to be in the Capital City. Even long-time lobbyists find it unnerving. “It’s surreal. I don’t even feel like I am talking to anyone,” said insurance lobbyist Mark Delegal.
Mark Delegal, Josh Aubuchon launch lobbying firm
“This is the culmination of years of experiences,” Delegal said. ”And this is the right time and the right business partner. Our client focus will remain strong, and our size will keep us agile and effective. I’m grateful for the talented Holland & Knight team, and to have worked for a firm of its stature for seven years.”Lawmakers back compensation for ‘wronged’ Jacksonville man
Echoing Daniels, other lawmakers and the lawyers who worked on his case praised the elderly man for maintaining a positive attitude despite conditions that might have prompted a different response in others. Delegal said Williams “taught me a lot about his grace and thankfulness” throughout the process. “It’s been a blessing to get to know this guy,” Delegal said.
COVID legal protections for medical groups backed by Florida Senate committee
Mark Delegal, a lobbyist who represents The Doctors Company, MAGMutual Insurance Co. and ProAssurance Corp., opposed Polsky’s amendment. But Delegal conceded that the part of the bill targeted in Polsky’s amendment wasn’t clear. “This language is subject to maybe some lack of clarity, and maybe it could be improved,” Delegal said,adding he didn’t think itl offered blanket immunity and that cases could still be brought against providers.
Sixty Days for 2.18.20
Delegal hasn’t been touting his role in the process, but his colleagues in the Tallahassee lobbying corps won’t let him escape without at least a share of the credit. Capital City Consulting lobbyist Ashley Kalifeh lauded Delegal “for his tireless (and pro bono) representation of Clifford Williams in the quest for justice. Most people in the process already knew he was a good guy, but lest there be any doubt.”
Hold my beer: Florida may allow dogs at breweries
“The real crux of what our legislative agenda looks like is quite aggressive,” Aubuchon said of the DiCeglie bill. “It’s more aggressive than what some other states have done in the past because we want to be more free market and lessen regulation for our breweries.”
‘Most complicated issue’: PIP repeal to get serious consideration in 2020 Session
Delegal thinks PIP is the single most complicated issue in Tallahassee. But he expects the Senate to give the bills a serious look. For his part, Delegal has some clients who want to keep it, and others who want reforms. All of his clients think the state can do better, he said, but the perfect solution is yet to be seen.
Florida appeals court upholds cap on medical malpractice awards in arbitration
“Physicians of our state and hospitals ought to be optimistic about the future jurisprudence in the area of medical professional liability insurance,” Delegal told the Record. The decision indicates that future court decisions will better respect the will of the state legislature on medical liability abuses, he said. This week’s decision’s effect, however, will be relatively limited because it deals strictly with the remedy of arbitration, in which the defendant admits liability and offers to enter into negotiations over damages, according to Delegal.
Senate panel approves Gov. Ron DeSantis’ proposal to import drugs from Canada
Mark Delegal, a lobbyist for the Pharmaceutical Research and Manufacturers of America, told senators Tuesday that they can lower prescription drug costs in other ways, including cracking down on pharmacy benefit managers that, he said, don’t pass along savings and rebates to consumers.
House could approve DeSantis’ drug-import plan on Thursday
PhRMA representative Mark Delegal said prescription drug prices can be lowered by more closely scrutinizing pharmacy benefit managers [PBMs] that don’t pass along savings and rebates to consumers. “People are watching you,” Delegal said. “Counterfeiters are watching you. The public is watching you. And when you give a green light to this Canadian system, it’s going to change public conduct. They are going to go out and start saying, “Hey, this has been green-lighted.’ And all the counterfeiters will pop up and begin to make their products available.”
Josh Aubuchon: Threatening student scholarships a new low for beer distributors
Josh Aubuchon: “This is about adapting a badly aging system created in 1935 to a brave new world — a world that now includes over 260 craft breweries in Florida with an economic impact of more than $3.5 billion.”
Genetic testing for life insurance targeted by Florida lawmakers
Another opponent, insurance lobbyist Mark Delegal, said life-insurance policies are based on the free and open exchange of information. As a result of that information, insurers have “one bite at the apple to estimate the risk of 30 to 40 years in the future,” Delegal said.’
Opinion Point of View: Florida lawmakers should put a stop to too many meritless ‘bad faith’ claims
Mark Delegal: “The best course of action is to stem the tide of litigation with steady and appropriate legislation. We need to make it more difficult to file such meritless third-party bad-faith lawsuits. This is not to say we make it impossible for people to seek proper damages when they are wronged, but rather, take heed of the IRC report’s warnings and make sure there is no longer an incentive to pursue vague, meritless claims.”
Opinion Point of View: Florida lawmakers should put a stop to too many meritless ‘bad faith’ claims
Mark Delegal: “The best course of action is to stem the tide of litigation with steady and appropriate legislation. We need to make it more difficult to file such meritless third-party bad-faith lawsuits. This is not to say we make it impossible for people to seek proper damages when they are wronged, but rather, take heed of the IRC report’s warnings and make sure there is no longer an incentive to pursue vague, meritless claims.”
House votes 88-15 to repeal Florida’s no-fault car insurance system
It amounts to “PIP version 2.0” and preserves a “costly and inefficient” system, said Mark Delegal, a lobbyist representing State Farm, at Wednesday’s hearing.’
Florida’s Beer Industry Finally Gets Some Much-Needed Wind In Its Sails
“They’re no longer thinking of it as a Berliner weiss they’re thinking of it as a Florida weiss,” he (Aubuchon) says.
Florida’s craft beer industry poised to win long-sought changes
“The pieces in Jack (Latvala’s) bill are a really good compromise,” said Josh Aubuchon, executive director of the Florida Brewers Guild, the primary advocate for craft breweries. “I don’t think anybody can say they got shortchanged.”
ABC liquor stores, A-B and MillerCoors beer distributors challenge craft brewery licensesFlorida’s craft beer industry poised to win long-sought changes
Florida has grown from a state with six craft breweries in 2007 to nearly 90 now. Most start-up breweries need the profit from tasting rooms in order to grow. “Without the tasting rooms, you’d see a majority of these breweries go out of business,” said Josh Aubuchon, a lobbyist for the Florida Brewers Guild. “When you first get started and you’re making 500 barrels a year, the tasting room is your lifeblood. That’s how you stay afloat.”
October 10, 2014
Mark Delegal said, “This is critically important to create a level playing field in the defense of health care providers accused of malpractice.” Mr. Delegal worked for 20 years on getting the law passed to allow hospitals and doctors who are defendants in medical malpractice suits equal access to medical fact witnesses.
August 28, 2014
Mark Delegal of Holland & Knight in Tallahassee is consistently ranked among the top lobbyists in the state but never rests on his laurels.
April 10, 2014
“It’s already one of the most heavily regulated industries of the country. Any kind of deregulation and opening of the market can only be beneficial to the consumer,” said Alcohol Beverage Attorney Josh Aubuchon.
February 1, 2014
“This is about competing industries,” Alcohol Beverage Attorney Josh Aubuchon, general counsel to the craft brewers in the Florida Brewers Guild, said. “And there’s extremely powerful lobbying.”
January 2014
“We believe that a rising tide lifts all boats and that our legislation would have a very positive impact for all tiers in the beer industry,” Aubuchon said.