Executive Summary

Florida’s new open carry law introduces significant changes to the business risk landscape. For retailers, franchises, and multi-location operators, this policy shift coincides with the most critical period of the year: the fourth quarter.

Foot traffic during Q4 increases by 36% on average across retail and hospitality sectors, making it the single most profitable season. Yet, heightened customer volumes also amplify operational, reputational, and financial risks.

Businesses that fail to prepare expose themselves to liability claims, customer mistrust, and rising insurance premiums at precisely the moment when performance matters most. Leading organizations, by contrast, anticipate these challenges and implement structured risk-mitigation strategies that safeguard profitability and strengthen trust.

This white paper outlines the critical risks posed by the new law, the influence of Florida’s tort reform on insurance and liability, and practical strategies—signage, employee training, customer communication, insurance documentation, and crisis management—that enable businesses to protect their bottom line while maintaining community confidence.

Q4 and the Open Carry Landscape

Consumer Dynamics

• Retail Foot Traffic: In Q4 2024, retail foot traffic in Florida increased by 3.5% year-over-year, with notable growth in discount and dollar stores (2.8%) and superstores (1.7%) (placer.ai).

• Orlando Tourism Visitation: Orlando welcomed a record 75.3 million visitors in 2024, including 68.8 million domestic and 6.5 million international visitors. This marked a 1.8% increase from 2023 and solidified Orlando's position as the most visited U.S. city (visitorlando.org).

Insurance Market Pressure

• Premium Increases: General liability insurance premiums in Florida have risen 28% over the past three years, driven in part by litigation trends and new risk exposures (assets.cushmanwakefield.com).

• Reputational Stakes: A 2023 Edelman Trust Barometer study found that 63% of consumers are more likely to shop with businesses perceived as responsible and safe. Missteps in handling firearm policies risk damaging long-term customer loyalty.

The convergence of these factors means businesses face elevated risks in Q4, amplified by the legal and social sensitivities of firearm policy.

Florida Tort Reform & Its Impact on Insurance

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law, enacting significant tort reform measures aimed at reducing frivolous lawsuits and aligning Florida's legal landscape with other states. Key provisions of the reform include:

• Reduced statute of limitations for general negligence actions from four years to two years.

• Transition from pure to modified comparative negligence, limiting plaintiff recovery if their fault exceeds 50%.

• Caps on attorney fees and restrictions on contingency fee multipliers.

• Limits on bad faith insurance claims require insurers to meet specific criteria to be held liable.

These reforms apply to causes of action filed on or after March 24, 2023, and have already begun influencing the litigation environment in Florida.

Implications for Businesses

• Insurance Premiums: Some insurers are moderating rate increases, and businesses with strong risk documentation may qualify for more favorable pricing.

• Payout Predictability: Stricter damage rules and procedural requirements make potential claims more quantifiable, reducing financial uncertainty.

• Value of Documentation: Signage, policies, training, and HR-aligned procedures strengthen a business’s position in claims and help prevent disputes.

• Strategic Advantage: Proactive risk management is more effective post-reform, enabling businesses to turn compliance into a competitive edge.

Strategic Response Framework

1. Entry & Internal Signage

• Clear signage sets expectations and reduces liability under open carry laws.

• Internal HR-aligned communications and de-escalation protocols equip employees with clarity and confidence.

2. Customer & Community Messaging

• External communications demonstrate your commitment to both Second Amendment rights and safety.

• Strong messaging strengthens trust, supports brand reputation, and shows leadership in a complex regulatory environment.

3. Insurance Review & Legal Access

• Comprehensive liability reviews identify gaps, ensure proper documentation is submitted to insurers, and mitigate premium increases.

• Access to specialized law firm partners strengthens legal preparedness and claim defense.

4. Crisis Communication & PR Support

• Structured incident communication strategies reduce reputational damage.

• Proactive messaging positions your business as responsible, trustworthy, and resilient in the community. 

Conclusion

Florida’s new open carry law, coupled with tort reform, introduces both risk and opportunity. Businesses that act proactively—by implementing signage, communications, training, and insurance documentation—can mitigate liability, protect employees and customers, and safeguard their profits.

Loop Consulting Group is a strategic advisory firm that provides marketing and communications expertise, business frameworks, and legal partnerships to help Florida organizations navigate their business challenges.