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The Florida Legislature completed the seventh week of its nine-week 2024 legislative session. Committee meetings are winding down as the action shifts to the floor. Session ends on March 8, 2024. Republicans control the Governor and Cabinet seats and hold veto-proof majorities in both chambers of the Legislature. With most of Governor DeSantis’ priority issues completed last session, the House and Senate are turning to a few of their own priority issues. In the health insurance arena, Senate President Kathleen Passidomo passed her health care work force package called Live Healthy Florida, after concurrence from the House, and sent it to the Governor. Speaker Paul Renner is focused on health price transparency, which is still up in the air. The Speaker sent his bill banning children under age 16 from social media to the Governor this week. On the property insurance front, CFO Jimmy Patronis wants to further expand the My Safe Florida Home program. Various bills to expand Citizens Property Insurance have been filed. But by and large, the Governor and Legislature have stated that they want to stay the course on previous homeowner’s insurance reforms. Cybersecurity and Artificial Intelligence bills are moving in both chambers and are likely to pass in some form.
LIFE
1. HB 989/SB 1098 – Department of Financial Services
By Rep. LaMarca and Sen. DiCeglie
Unclaimed Property – lowers value of reporting amount from $50 to $10 and modifies reporting frequency; numerous other updates. See General Insurance section for further details on these bills. This bill is expected to pass.
2. HB 939/SB 1066 – Consumer Protection
By Rep. Griffitts and Sen. Burton
Unclaimed property – The Qui Tam portion of this bill was removed. See General Insurance section for further details on these bills. This bill is expected to pass.
HEALTH
1. HB 7089/ SB 1640 – Price Transparency – Shared Savings and Advanced Explanation of Benefits
By Rep. Grant and Sen. Collins
HB 7089 was introduced as an HHS Committee bill this week and will most likely head straight to the House floor. The bill resurrects the Advanced Explanation of Benefits and Shared Savings provisions that were stripped the House Live Healthy package. The Senate package, SB1640, will be heard in its final committee on February 27th.
2. HB 885/SB 964 – Biomarker Testing
By Rep. Pittman and Sen. Calatayud
Both bills have been referred to three committees. The House passed its final committee on February 22nd. The Senate bill passed has passed all its committees and is headed to the floor. The bill’s scope has been reduced to Medicaid and the State Group Plan. This bill is likely to pass.
The bills authorize AHCA to pay for biomarker testing under the Medicaid program for specified purposes, subject to specific appropriations; specifies circumstances under which such payments may be made; requires clear, readily accessible, & convenient process for authorization requests for biomarker testing. The Senate version of the bill gives Medicaid plans the ability to factor the cost of the news test into the rates.
3. HB 241/SB 56 – Skin Cancer Screening Mandate
By Rep. Massullo, MD and Sen. Harrell
HB 241 was heard in its final committee, Health and Human Services, on February 15th and passed by a vote of 19-0. The scope of the bill is limited to the benefits of the state group plan. SB 56 has passed all of its committees and is ready for the floor.
The bills would require the state employees plan to provide coverage & payment for annual skin cancer screenings performed by licensed dermatologist without imposing any cost-sharing requirement. The bills also specify requirement for & restriction on payments for such screenings.
4. HB 939/SB 1066 – Short-Term Health Insurance Disclosures
See description of required disclosures in the DFS Consumer Protection bill in General Insurance Section. This bill is likely to pass.
5. HB 1475/SB 1574 – Prior Authorization
By Rep. Berfield and Sen. James
These bills would rewrite current law on prompt pay and prior authorization for commercial plans. They contain numerous onerous provisions. Neither bill has been heard in committee yet. This bill is dead.
6. HB 639/SB 568 – Ground Ambulance Charges
By Rep. Yaeger and Sen. Hooper
SB 568 has passed its first of its three committees with a committee substitute amendment. HB 639 was referred to three committees and was heard in its second committee on February 14th, where it was amended to match SB 568 regarding lesser of three charges. This bill seems to have stalled and is likely dead.
The bills define the terms “ambulance service provider” and “nonparticipating ambulance service provider”; requiring certain health insurers to reimburse nonparticipating ambulance service providers at a specified rate for providing ground ambulance services; prohibiting certain cost-sharing responsibilities paid from exceeding a certain amount; and requiring certain health maintenance contracts to require a health maintenance organization to reimburse out-of-network ambulance service providers at a specified rate for providing covered services.
7. HB 1535/SB 680 – Protection of Medical Freedom
By Rep. Plakon and Sen. Gruters
The Senate bill received three committees of reference. The House bill only received two committee references. These bills have not been heard. A similar bill was filed last year and was never heard in committee. This bill is likely dead.
The bill prohibits the Department of Health from requiring enrollment in the state’s immunization registry or otherwise requiring persons to submit to immunization tracking. Prohibits business entities from requiring individuals to provide proof of vaccination or postinfection recovery from any communicable disease to gain access to, entry upon, or service from such entities. Adds a person’s vaccination and immunity status to the prohibited forms of discrimination by local housing assistance plans. Prohibits employers from refusing employment to, or discharging, disciplining, demoting, or otherwise discriminating against, an individual solely on the basis of vaccination or immunity status. Prohibits places of public accommodation from discriminating on the basis of vaccination or immunity status and finally prohibits the Department of Health from requiring, as a school-entry requirement, that children receive immunizations approved only for emergency use.
8. HB 851/SB 876 – Nonprofit Agricultural Organizational Health Coverage
By Rep. Anderson and Sen. DiCeglie
Both bills received three committees of reference. This bill is being pushed by the Florida Farm Bureau. They would like to implement something similar to what the Tennessee Farm Bureau did many years ago. The House bill has passed its first committee while the senate bill has not been heard and is likely dead.
The bill seeks to create a nonprofit agricultural health coverage option to the Florida Farm Bureau members that would permit medical underwriting of group members.
9. HB 1431/SB 1750 – International Reference Rx Pricings
By Rep. Fine and Sen. Gruters
HB 1431 received three committee references and was heard on January 22nd in its first committee, passing 13-2. SB 1750 has been referred to three committees but has not yet been heard. This bill is likely dead.
The bills require prescription drug manufacturer permitholders to annually report certain international price data to AHCA; provides for administrative enforcement via specified fine & permit suspension; requires AHCA to contract with entity to designate reference price source countries & establish reference prices for prescription drugs based on certain criteria; requires agency contractor to weigh reference price benchmark value of such countries in two or more tiers, using specified criteria; requires agency contractor to analyze specified data to compare prices among source countries using specified exchange rate source; requires agency contractor to establish reference price for prescribed drugs or products; requires agency contractor to provide reference prices by specified date each year; requires AHCA to publish prices online within specified time; requires pharmacies to charge no more than reference price for cash-paying patients; requires certain health insurers to provide reimbursement for certain prescription drugs no higher than reference price; requires health insurers to use certain savings to offset certain payer costs; requires each health insurer to document anticipated savings & premium reductions in rate filings following availability of reference prices; requires each health insurer to assess actuarial effect of reference pricing program for each insurer product for each plan year; requires each health insurer to submit annual report on assessed effect of such program to OIR or AHCA; requires OIR & AHCA to submit joint report to Governor & Legislature; requires every health maintenance organization to comply with provisions of specified section.
10. SB 1608 – 340B Program
By Sen. Brodeur
SB 1608 was referred to three committees but has not yet been heard. This bill did not receive a House companion measure and is likely dead.
The bill would prohibit certain actions by health insurance issuers, pharmacy benefit managers, or other third-party payors, or their agents, relating to reimbursement to a 340B entity for 340B drugs; prohibit certain actions by manufacturers relating to interference with the acquisition of a 340B drug; and prohibit a manufacturer’s interference with a pharmacy’s right to contract with a 340B entity.
11. SB7072/HB 7087 Cancer Funding
This was a new committee bill introduced in health committees in both chambers this week. The bill revises purpose of the Casey DeSantis Cancer Research Program; revises duties of the Department of Health under the program; creates a Cancer Connect Collaborative within DOH for specified purpose; requires collaborative to administer the Cancer Innovation Fund; requires collaborative to review grant applications & make recommendations to DOH for awarding grants upon appropriation of funds to fund. This bill is likely to pass.
12. SB7070/HB 7085 Sickle Cell Disease Research and Treatment Education
This was a new committee bill introduced in health committees in both chambers this week. The bill creates a Sickle Cell Disease Research & Treatment Grant Program within the Department of Health; specifies types of projects eligible for grant funding; revises sickle cell disease & sickle cell trait screening requirements; requires screening providers to notify newborn's parent or guardian, rather than newborn's primary care physician, of certain information; authorizes certain persons other than newborns who have been identified having sickle cell disease or carrying sickle cell trait to choose to be included in the registry. This bill is likely to pass.
DENTAL
1. HB 1219/SB 892 – Dental Insurance Claims
By Rep. Harrell and Sen. Black
The House and Senate bills received three committee references. The House bill passed its second committee on February 13th. SB 892 was passed by the Gen. Gov’t Approps subcommittee agenda on February 13th, with an amendment to VPP language. ACLI, AHIP & NADP have submitted a joint trades comment letter to sponsors and staff noting their concerns about the bill.
An amendment to HB 1219 on Feb 15th struck the onerous definition of Noncovered services, undoing current law which follows the NCOIL model. The onerous prior authorization (insurer should have known . . .), credit card restrictions, and prompt pay restrictions were amended to be closer to NCOIL model. Language viewed as unconstitutional impairment of contracts was also struck from the bill. However, the Senate bill was amended with language in its second and third committees that makes the original bill worse by requiring express written consent for credit card payments.
While both bills are headed to the floor, we are working hard to make sure that if the bill passes, it will be the House language tracking the NCOIL model.
PROPERTY
1. HB 1503/SB 1716 – Citizens Property Insurance Corporation
By Rep. Esposito and Sen. Boyd
This House bill received two committees of reference and the Senate bill has two committee references (the president removed a committee to keep the bill alive). The House bill is ready for the floor and the Senate bill will be heard in its last stop on February 27th.
The bill and cleans up administrative functions of Citizens and updates some out of date language. Citizens has been working on moving all expenses into a single account, this bill will help facilitate that function. The bill also does the following:
· Surplus Lines: permits surplus lines insurers to take out policies from Citizens issued to dwellings that are not primary residences; provides definitions to accomplish these take outs; establishes that new and renewal non-primary residential risks are not eligible for Citizens’ coverage for three years following a take-out offer if the risk is offered coverage by a surplus lines insurer at the insurer’s approved rate under a policy including wind coverage.
· Flood coverage: effective upon becoming law, requires Citizens’ policyholders who must purchase flood insurance as a condition of eligibility for Citizens’ coverage to purchase only dwelling coverage for a flood loss rather than dwelling and contents coverage.
· Combining Accounts: eliminates a significant amount of statutory language that is no longer needed because Citizens has combined the Personal Lines Account, the Commercial Lines Account, and the Coastal Account, into one Citizens Account, as of January 1, 2024.
· Operations and Management: allows Citizens’ executive director to appoint a designee to act as its agency head; allows Citizens to share information with NICB to assist in efforts to fight insurance fraud; allows Citizens to obtain patents, copyrights, and trademarks, and to enforce related rights.
2. HB 1611/SB 1622 Insurance – OIR Department Package – Reciprocal Insurers
By Rep. Stevenson and Sen. Trumbull
SB 1622 passed its second committee on February 8th by a vote of 9-0, but was temporarily postponed until other insurance issues not in this bill are worked out. The Senate bill is now scheduled to be up on February 27th in its last committee. The House bill passed its final committee. The House amended in the substance of HB 1149, which contains onerous policy cancellation notices for flood and property coverages.
The bill as filed:
· Specifically authorizes the Office of Insurance Regulation to conduct a market conduct examination of the attorney in fact of a reciprocal as often as it deems necessary
· Requires monthly instead of quarterly reporting by insurers of personal and commercial residential policy information down to the zip code level
· Adds a new definition of “affiliated person” in the reciprocal insurer chapter, Chapter 629, patterned after that term as defined in the insurance exchange statutes, Section 629.401(6)(b)I(l)
· Adds a definition of “controlling company” in the reciprocal insurer chapter, Chapter 629,
· Adds a definition of “reciprocal insurer” which is very similar to the current definition and combines a number of current statutes regarding assessable and nonassessable reciprocal insurers
· Specifically applies the unearned premium reserve language now applicable to insurance exchanges pursuant to 629.401(6)(b)24 to reciprocal insurers, with the exception that the minimum unearned premium reserve must be at least $300,000 instead of $100,000
· Requires that the surplus of a reciprocal insurer must be as provided for in Section 624.407 for the type of insurance to be transacted—in the case of a reciprocal insurer transacting residential insurance, the minimum surplus requirement is $15 million
· Specifically applies the permit requirements to form a domestic insurer found in Section 628.051 to reciprocal insurers in addition to the specific requirements applicable to reciprocal insurers
· Provides that modifications of the terms of the subscribers’ agreement, the Subscribers’ Advisory Committee charter or the power of attorney must be filed with and approved in writing by the Office before becoming effective
· Provides requirements for a reciprocal insurer to borrow money
· Requires the attorney in fact to file an annual statement in the same manner as domestic stock insurers
· Applies the acquisition provisions of Section 628.461 to the attorney fact of a reciprocal insurer
· Requires specified background information from acquirers or organizers of a reciprocal insurer
· Provides standards for mergers and conversions of reciprocal insurers
· Repeals and reorganizes current statutory provisions related to reciprocal insurers
3. HB 1149/SB 1104 – Policy Cancellations and Nonrenewals by Property Insurers/Flood Notifications
By Rep. Botana and Sen. Bradley
The House bill has two references and Senate bill has three committees of reference. The House bill passed its final committee on February 22nd. The Senate bill will be heard in its last committee on February 26th. This bill could pass. Provisions of this bill have also been tacked onto HB 1611, the OIR package.
The bill: Prohibits insurers from cancelling or nonrenewing property insurance policies for personal and commercial residential properties damaged by hurricanes or wind losses within specified timeframes.
· Requires a 90-day prohibition on cancellation or nonrenewal after repairs for hurricane or wind damage, with flood damage included if covered.
· Allows exceptions for nonpayment of premium within 10 days' notice, and other specified reasons with 45 days' notice.
· Mandates a minimum 90 days' notice if an insurer intends to nonrenew a policy after repairs, allowing cancellation or nonrenewal 90 days post-repair for reasons not related to the damage.
· Defines the repaired status of a structure based on certification by authorized professionals.
· Stipulates policies extended or renewed under these provisions must contain similar terms as the original policy, without affecting current law on rates.
· Clarifies that unreported flood damage before policy expiration is presumed nonexistent and does not affect policy terms or create additional duties for insurers or their agents.
4. HB 293/SB 600 Hurricane Protection for Homeowners’ Associations
By Rep. Sirois and Sen. Ingoglia
Both the House and Senate bills have received three committees of reference. The House bill passed its final committee, Commerce, on February 15th by a vote of 18-0 and will be heard on the floor on February 27th. The Senate bill passed its final committee and is ready for the floor. This bill could pass.
The bill requires an HOA or any ARC to adopt hurricane protection specifications for each structure or other improvement on a parcel governed by the HOA. The specifications may include the color and style of hurricane protection products and any other factor deemed relevant by the board. All specifications adopted by the HOA must comply with the applicable building code.
The bill allows the HOA or ARC to require a parcel owner to adhere to an existing unified building scheme regarding the external appearance of the structure or other improvement on the parcel.
The bill provides that, regardless of any other provision in the HOA’s governing documents, the HOA or ARC may not deny an application for the installation, enhancement, or replacement of hurricane protection by a parcel owner which conforms to the specifications adopted by the HOA or ARC.
The bill provides that "hurricane protection” includes, but is not limited to:
· Metal roofs,
· Permanent fixed storm shutters,
· Roll-down track storm shutters,
· Impact-resistant windows and doors,
· Polycarbonate panels,
· Reinforced garage doors,
· Erosion controls, and
· Other hurricane protection products used to preserve and protect the structures or improvements on a parcel governed by the HOA.
The bill aims to protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protection installed by parcel owners. The bill applies to all HOAs in the state, regardless of when the community was created.
5. HB 889/SB 1106 – Coverage by Citizens Property Insurance Corporation
By Rep. Berfield and Sen. Hooper
The House bill only received two committees of reference, while the Senate bill received three committee references. The House Insurance and Banking subcommittee does not have another scheduled meeting for session, effectively killing the House bill, though some concepts could end up in another bill. The Senate bill passed its second committee on February 13th, by a vote of 10-0.
· Disqualifies structures with dwelling replacement costs of $700,000 or more for corporation coverage if offered comparable coverage by an authorized insurer at approved rates, effective August 1, 2024.
· Imposes a surcharge of the lesser of $2,500 or 25% of the uncapped premium on policies for structures with dwelling replacement costs of $700,000 or more, starting August 1, 2024.
· Exempts certain personal lines residential structures with dwelling replacement costs of $700,000 or more from the corporation's general rate increase limitations, beginning August 1, 2024.
· Specifies exceptions to rate increase limitations for new or renewed policies that do not cover primary residences or were last insured by an unsound insurer or one in receivership, effective November 1, 2023.
· Defines "primary residence" for the purpose of rate increase limitations and policy eligibility.
6. HB 565/SB 604 – Coverage by Citizens Property Insurance Corporation
By Rep. Mooney and Sen. Rodriguez
The House bill received only two committees of reference, while the Senate bill received three committees of reference. This bill has not moved in either chamber and is not likely to pass.
The bill sets a cap in counties which are determined to lack a reasonable degree of competition, in which Citizens shall not impose a rate increase that exceeds 10 percent for any single policy, excluding changes and surcharges. The bill allows homeowners not to purchase flood insurance if a policy provides coverage in Zone X as designated by the Federal Emergency Management Agency or for structures that are elevated at least 1 foot above the flood zone's minimum base flood elevation.
7. HB 625 – Property Insurance Coverage
By Rep. Buchanan
Only a House bill has been filed and it received two committees of reference. The House Commerce committee is no longer meeting, so this bill is effectively dead.
The bill removes an ineligibility requirement for condos covered through Citizens Property Insurance in which more than 50 percent of the units are rented more than eight times in a calendar year for rental agreements of less than 30 days.
The bill also modifies the age of a roof language for homeowner policies by allowing an authorized commercial roof inspector to provide documentation regarding the remaining use of life for the roof.
8. HB 893/SB 1428 – Coverage by Citizens Property Insurance Corporation
By Rep. Lopez (V) and Sen. DiCeglie
The House bill received two committee references and passed its first committee on February 6th. The Senate has three committee references and has not yet been heard in any committee.
The bill allows Citizens to create its own wind-eligible areas subject to approval by the Legislature. In developing new eligibility criteria and rates, the corporation may consider the market for wind-only coverage in the areas in which wind-only coverage is to be offered, the resulting impact to the corporation's overall exposure of offering such coverage in those areas, as well as reasonably prudent measures for limiting its exposure upon offering wind-only coverage in those areas.
9. HB 655/SB 802 – Condominium Windstorm Pilot Program
By Rep. Cassel and Sen. Rogriguez
Both House and Senate bills have received three committees of reference. The bill has not yet been heard in any committee.
The bill requires OIR to establish Condominium Windstorm Pilot Program to provide insurance coverage to residential condominium associations which covers the actual cash value of the roof of a participating condominium, rather than the replacement cost value. The bill sets requirements for how a condominium can participate in the pilot program. Requires insurance policies issued under the pilot program to align with the reserves of an association.
10. HB 731/SB 1024 – Insurance Claims
By Rep. Botana and Sen. Grall
The House bill has received three committees of reference, and the Senate bill to receive three committees of reference as well. The House bill passed its first committee on February 6th by a vote of 15-1. The Senate bill has not been heard, so is effectively dead.
The bill requires the Office of Insurance Regulation to consider the recovery of funds under specified provisions such as fraud for example, in reviewing rates and requires insurers to report the recovery of funds to the OIR.
11. HB 749/SB 1766 – Flood Damage Prevention
By Rep. Basabe and Sen. Rodriguez
The House and Senate bills received three committees of reference. The Senate bill passed its second committee, Environment & Natural Resources, on January 30th by a vote of 6-0. The House bill has not moved. The Senate bill did not make it on last Senate Rules Agenda. This bill is likely dead.
The bill provides the specified maximum voluntary freeboard requirements for new construction and substantial improvements to existing construction of 10 feet. Requires the Florida Building Commission to develop and adopt by rule a minimum freeboard requirement by a specified date of November 1, 2024, and to incorporate such requirements into the next edition of the Florida Building Code. Requires the commission to review the freeboard requirements in the Florida Building Code every 5 years.
12. HB 809/SB 1070 – Personal Lines Residential Property Insurance
By Rep. Garcia and Sen. Garcia
The House bill has received three committees of reference, and the Senate bill received three committees of reference. This bill has not moved so it is likely dead for this session.
This bill allows for a personal lines residential property insurance policy to only cover what a homeowner owes on the principal of their mortgage.
13. HB 1263/SB 7028 – My Safe Florida Home Program
By Rep. LaMarca and Sen. Boyd
This Senate bill has passed all its committees and passed the floor by a vote of 40-0. The House companion measure, HB 1263, is identical and is ready for the floor. This bill is likely to pass.
The Bill:
· Allow a subsequent application for a mitigation inspection or mitigation grant only under certain circumstances;
· Authorize the Department of Financial Services (DFS) to request additional information from the applicant if the application contains apparent errors or omissions;
· Provide that an applicant meeting the requirements for a mitigation inspection may receive an inspection even if the applicant is not eligible for a mitigation grant or the applicant does not apply for such grant;
· Require the homeowner to agree to provide information received from the homeowner’s insurer identifying the premium discounts realized by the homeowner due to the mitigation improvements funded through the program;
· Provide that the DFS will not maintain a list of participating contractors, but rather, the homeowner must use a properly licensed contractor for the project;
· Revise the list grant eligible improvements to specify the inclusion of windows and skylights;
· Require the DFS to prioritize applications for the first 60 days it accepts inspection applications and grant applications following an appropriation based on the following:
· First, applications from low-income homeowners who are at least 60 years old;
· Second, applications from all other low-income homeowners;
· Third, applications from moderate-income homeowners who are at least 60 years old;
· Fourth, applications from all other moderate-income homeowners; and
· Lastly, all other applications;
· Revise provisions regarding the distribution of the MSFH Program brochure which provides information on the benefits to homeowners of residential hurricane damage mitigation; and
· Reorganize and rephrase certain provisions within the statute to provide better clarity.
The bill appropriates, for the 2024-2025 fiscal year, $100 million in nonrecurring funds from the General Revenue Fund to the Department of Financial Services to provide mitigation grants under the MSFH Program and $7 million for administrative costs related to implementation. This bill is likely to pass.
14. HB 1029/SB 1366 – My Safe Florida Condominium Pilot Program
By Rep. Lopez and Sen. DiCeglie
Both House and Senate bills received three committees of reference. Both House and Senate bills are ready for the floor. This bill could pass.
The bill creates the My Safe Florida Condominium Pilot Program within the Department of Financial Services. The program, depending on appropriation, seeks to help condominium associations with fiscal accountability, contract management, and strategic leadership. Condominiums can apply for Hurricane Mitigation inspections and grants that match one condo dollar to $2 state dollars.
15. HB 1143/SB 1208 – My Safe Florida Home Programs
By Rep. Cross and Sen. Martin
The House and Senate bills have received three committee references. Similar bills addressing this same issue are moving which is why these bills have not been heard. Increase funding for My Safe Florida Homes will get done this session, however, bills expanding the scope of the programs are not moving. This bill is likely dead.
The bill simply adds flood mitigation to the My Safe Florida Homes Programs. The bill does set guidelines for which flood zones could be eligible for this program.
16. HB 1205/SB 1186 – Insurance Solutions Advisory Council
By Rep. Harris and Sen. Berman
The Senate bill received three committees references and the House bill received three committee references. These bills have not been heard and are likely dead.
The bill creates the Insurance Solutions Advisory Council within the Office of Insurance Regulation for specified purposes of analyzing and compiling available data and evaluate relevant and applicable information relating to Florida’s property and automobile insurance market.
17. HB 1293/SB 1668 – Florida Hurricane Catastrophe Fund and Reinsurance Assistance
By Rep. Andrade and Sen. DiCeglie
The House and Senate bills received three committees of reference. Neither bill has been heard and are likely dead.
The bill freezes the cash build up factor for a 12-month period for contracts in 2024-2025. Requires that the hurricane loss portion of a specified formula be determined by averaging the results of certain catastrophe models. Requires that the savings realized as a result of the freeze of the cash build up factor be passed to the consumers. Authorizes rather than requiring eligible RAP insurers to purchase RAP coverage under a certain program. Deletes calculations for specified amounts of losses to determine reimbursement under the program.
The bill also revises the coverage layers of the Florida Optional Reinsurance Assistance (FORA) program. Revises the calculation of premiums under the program and requires a transfer of a specified amount from the FORA Fund into the Florida Hurricane Catastrophe Fund.
18. HB 1661/SB 1724 – Property Insurer Financial Strength Ratings
By Rep. Roach and Sen. Grall
The House and Senate bills will receive three committee references. Neither bill has been heard. It’s unlikely that this bill will pass.
Requires OIR's annual insurance reports to Governor & Legislature to include financial strength ratings of property insurers against which delinquency & similar proceedings were instituted. Requires office to maintain information relating to financial strength ratings of property insurers & to make such information available upon request.
19. HB 41/SB 348 - Mortgage Loans and Insurance Payments Grant Program
By Rep. Edmonds and Sen. Book
The bill is being filed by a freshman Democrat and has received three committees of reference. The Senate version has been filed by the Minority Leader. I would not expect this bill to pass.
The bill creates a grant program within the Department of Commerce to assist Senior Citizens with a one-time grant of up to $2,500 for a mortgage loan or homeowners’ insurance and a one-time grant of up to $2,500 for motor vehicle insurance.
20. HB 1017/SB 102 - Property Insurance
By Rep. Edmonds and Sen. Jones
The Senate bill has received three committees of reference, and the House bill has been referred to three committees. The bill has not been heard in any committee and is likely dead for session.
The bill establishes the Property Insurance Commission, made up of members from the House and Senate with the purpose of reviewing market data from the Office of Insurance Regulation and reserve requirements for insurers. The bill also creates a lobbying ban on members who serve on the Commission. New requirements include:
· An insurer must release to an insured all information relating to an inspection or an underwriting report upon the insured’s request.
· Requires that a property insurer that issues or renews an insurance policy or contract covering real property in this state on or after January 1, 2025, may not use a property’s preexisting condition, a date of loss that predates the date of a claim, or faulty installation or workmanship as a defense for denying a claim.
· Requires each time legislation creating or amending law to reform property insurance takes effect, property insurers offer a premium rate reduction to their insureds.
21. HB 1439/SB 178 – Resolution of Disputed Property Insurance Claims
By Rep. Waldon and Sen. Polsky
The House and Senate bills have received three committees of reference. This bill is not expected to move.
The bill requires parties in a property insurance claims dispute to participate in mediation. Allows for teleconference mediation if both parties sign off.
22. SB 500 – Surplus Requirements for Residential Property Insurers
By Sen. Stewart
The Senate bill has received three committees of reference, but no House companion has been filed. This bill is probably dead for session.
The bill simply increases the surplus dollar amount from $15 million to $20 million for a surplus lines company, and fazes in high caps over the next 7 years.
AUTO
1. HB 1469 / SB 1664– Hands Free Driving
By Rep. Tant and Sen. Rodriguez
This bill passed its final committee, Infrastructure Strategies Committee, in the House by a vote of 25-0 and is headed to the floor. The Senate bill has not been heard, so is likely dead.
The bill prohibits a person from operating a motor vehicle while using wireless communications device in a handheld manner; requires sustained use of wireless communications device by person operating motor vehicle to be conducted through hands-free accessory until such use is terminated; provides penalty of $150 fine for driver and 3 points on a person’s license for first violation.
2. HB 1433/SB 194 – Motor Vehicle Repair Work
By Rep. Baker and Sen. Gruters
The House and Senate bills received three committees of reference. These bills have not been heard and are likely dead.
This bill is cited as the "Lilly Glaubach Act." It requires a motor vehicle repair shop must, before preparing a written repair estimate required by subsection (2), request that the customer provide a written crash report as specified under s. 316.066. Requires the motor vehicle repair shop to deliver transaction forms to law enforcement by a certain time. Authorizes the department to revoke a vehicle repair shop’s registration under certain circumstances.
3. HB 247/SB 736 Services Provided by the Department of Highway Safety and Motor Vehicles or Its Agents
By Rep. Maney and Sen. Trumbull
Both the House and Senate bills have received three committees of reference. Both bills are ready for the floor. This bill could pass.
The bill addresses matters related to the Department of Highway Safety and Motor Vehicles (DHSMV) or its agents. The bill:
· Revises the application and affidavit requirements for the transfer of ownership of a motor vehicle or mobile home if the previous owner died intestate.
· Provides that no additional fee can be charged by DHSMV or a tax collector for the reissuance of a certificate of title that is lost in transit and is not delivered.
· Allows permanent motor vehicle registration decals for rental trucks that weigh under 15,000 pounds.
· Authorizes trailers to be issued a license plate with reduced dimensions.
· Provides that a disabled veteran who qualifies for a “DV” license plate may, in lieu of the free “DV” license plate, be issued one of certain military license plates or a specialty license plate and receive a cost savings on the plate of their choosing.
· Adds the following two cases wherein DHSMV is authorized and empowered to design, issue, and regulate the use of temporary tags:
- The existing owner of a vehicle has submitted an application to transfer a valid out-of-state title that is subject to a lien; and
- An active-duty military service member who has a valid Florida driver license provides evidence satisfactory to the department that he or she is deployed outside this state.
· Repeals the requirement that requests for purchase of temporary tags to the DHSMV or its agents must be made, where applicable, on letterhead stationery and notarized.
4. HB 405/SB 754 Regulation of Commercial Motor Vehicles
By Rep. Melo and Sen. DiCeglie
Both the House and Senate bills have received three committees of reference. The House bill passed all three committees and will be heard on the floor on February 27th. The Senate bill passed its final committee on February 15th. This bill is likely to pass.
The bill seeks to clean up Florida’s commercial motor vehicle statues by incorporating changes made to 49 C.F.R. Specifically, it charges the Department of Highway Safety and Motor Vehicles with the administration and enforcement of certain federal regulations. Prohibits the department from issuing a commercial motor vehicle license to a person who is ineligible under certain federal regulations. Requiring the department to obtain a person's driving record from the Commercial Driver's License Drug and Alcohol Clearinghouse.
5. HB 1037/SB 690 – Child Safety in Motor Vehicles
By Rep. Bracy Davis and Sen. Thompson
Both House and Senate bills will receive three committees of reference. These bills have not been heard and are likely dead.
The bill seeks to require any vehicle that transports one or more child six years or younger to equip the vehicle with an “unattended occupant alarm system.”
6. HB 653/SB 464 – Motor Vehicle Insurance (PIP Repeal)
By Rep. Alvarez and Sen. Grall
These bills have not been heard and we have been told by leadership that the bill is dead for this session.
This is the PIP repeal bill for the 2024 Legislative Session. It has been filed by members of the legislature who are plaintiffs’ attorneys. The bill repeals Florida’s Motor Vehicle No-Fault Law and replaces it with a bodily injury liability system. In talks with leadership in the House, they have told us that PIP repeal is off the table for this session.
7. HB 1651/SB 1782 – Attorney Fees Under Florida Motor Vehicle No-Fault Law
By Rep. Synder and Sen. Martin
Both House and Senate bills received three committees of reference. The bill has not been heard and is likely dead for session.
Provides awards of attorney fees based on judgements or decrees in lawsuits between insurers & named or omnibus insureds, or named beneficiaries, under Florida Motor Vehicle No-Fault Law.
8. HB 215/SB 846 – Risk Retention Groups
By Rep. Truenow and Sen. DiCeglie
The House bill has passed two committees and passed the floor by a vote of 119-0. The Senate bill has passed all its committees and is waiting for the House bill to be received in the Senate. This bill is in a position to pass.
The bill establishes that motor vehicle insurance coverage issued by RRGs operating under federal law, and registered to do business in the state, satisfies the financial responsibility requirements of state motor vehicle law.
9. HB 661/SB 332 Wrecker Operators
By Rep. Caruso and Sen. Burgess
Both the House and Senate bill received three committees of reference. The Senate bill passed its first of three committees on January 23rd and passed by a vote of 6-0. The House bill has not been heard. With the subcommittee the House bill is in not meeting again this bill is likely dead for session. However, there is another towing bill in which this language could be amended on.
The bill modifies the price control ordinance for wrecker operator storage facilities by including an electronic car specific fee. It allows wrecker operators to charge fair and reasonable costs, plus 10 percent, for cleanup, containment, and disposal of pollution and hazardous materials.
10. HB 649/SB 440 – Utility Terrain Vehicles
By Rep. Killebrew and Sen. Wright
Both the House and Senate bills have each received three committees of reference. SB 440 passed its second committee on February 13th. The House bill has not been heard so is likely dead.
The bill seeks to define a utility terrain vehicle (UTV) and authorizes the operation of utility terrain vehicles on certain roadways in which an ATV can operate.
11. HB 179 HB 199 HB 213/SB 202 SB 774– Towing and Storage
By Rep. Bell and Sen. Perry
Both the House and Senate bills have received three committees of reference. The House bill passed its final committee on February 15th. SB 774 passed has passed all of its committees. These bills could pass.
Under Florida law, towing-storage operators may claim a lien on motor vehicles or vessels for specified fees, and Florida law provides a process for foreclosing on such lien if fees remain unpaid. The bill makes the following changes to the laws relating to towing-storage operators:
· Amends provisions related to maximum rates set by counties, cities, and the Florida Highway Patrol (FHP).
· Requires such rates to be posted online and requires counties, cities, and FHP to establish a process for investigating and resolving complaints regarding fees charged in excess of such rates.
· Defines the term “towing-storage operator” and makes conforming changes.
· Specifies the existing fees which a towing-storage operator may charge for specified services and provides circumstances under which certain fees may not be charged.
· Clarifies the process provided in current law for law enforcement’s search for information on a towed vehicle or vessel.
· Modifies timelines relating to the sending of a notice of lien by a towing-storage operator.
· Increases the minimum number of days that must pass before an unclaimed newer model vehicle or vessel may be sold.
· Lowers the number of days over which a towing-storage operator may not charge a person if the towing-storage operator failed to provide notice to a lender or other lienholder on a vehicle or vessel.
· Specifies documents that may be presented as evidence of a person’s interest in a vehicle or vessel.
· Amends provisions relating to inspection or release of a vehicle, vessel, or personal property.
· Increases the minimum number of days that must pass from the notice of the public sale to the date of the public sale.
· Replaces the requirement that notice of the public sale be made in a newspaper of general circulation with the requirement that notice of the public sale be made on the publicly available website maintained by an approved third-party service.
· Requires a towing-storage operator to accept specified forms of payment methods.
· Provides requirements for record retention and for a towing-storage operator rate sheet and itemized invoice.
TORT REFORM
1. HB 1367/SB 720 – Asbestos and Silica Claims
By Rep. Brackett and Sen. Hutson
The Senate bill has received three committees of reference and passed Senate Rules on February 21st. The House version passed its final committee by a vote of 15-6. The House bill is on the special order calendar for February 27th.
The bill seeks to reduce over-naming in asbestos lawsuits by requiring additional information in the sworn information form regarding actual exposure to an asbestos product and puts teeth in the law for dismissal without prejudice if certain information is not provided in the form.
2. HB 1179/SB 1276– Litigation Financing
By Rep. Overdorf and Sen. Collins
DEAD
The House bill has received three committee references while the Senate bill received two committee references. This is one of the Florida Justice Reform Institutes top priorities. The Senate bill has passed all of its committees. The House bill passed its first committee, Civil Justice, by a vote of 10-7 and was temporarily postponed (TP’ed) in its second, the Justice Appropriations Subcommittee. The language was amended onto another bill, HB 569, which was also TP’ed. This bill/language is in trouble.
The bill requires certain disclosures related to litigation financing agreements and the involvement of foreign persons, foreign principals, or sovereign wealth funds. Requires the indemnification of specified fees, costs, and sanctions by a litigation financier in specified circumstances. Provides for enforcement of specified violations under the Florida Deceptive and Unfair Trade Practices Act.
3. HB 651/SB 476 Civil Liability for Unborn Child
By Rep. Persons-Mulicka and Sen. Grall
The House bill has received two committees of references and the Senate bill received three committees of reference. The House bill passed its second of two committees by a vote of 15-7. The Senate bill will be heard in its final committee on February 26th. This bill is in a position to pass.
The bill includes parents of an unborn child as individuals who are able to collect for funeral and medical expenses for wrongful death claims.
4. HB 1043/SB 1152 – Premises Liability for Third Party Acts
By Rep. Smith and Sen. Collins
DEAD
Both the House and Senate bills received three committees of reference. The bill is a clean up to last year’s Premises liability language that was in the big tort package. Neither bill has yet been heard so is likely dead.
The bill requires that the trier of fact in actions for damages arising out of intentional torts of third parties consider the fault of all persons, known or unknown.
WORKERS’ COMPENSATION
1. HB 161/SB 362 Payments for Health Care Providers and Surgical Procedures under Workers’ Compensation
By Rep. Daley and Sen. Bradley
The Senate bill has passed all its committees and is ready for a floor vote. The House bill passed its final committee by a vote of 19-0. This bill could pass.
The bill increases the maximum amount of certain witness fees related to workers' compensation cases from $200 to $300. The bill also increases the maximum reimbursements for physicians and surgical procedures under workers' compensation to 200% of the reimbursement allowed by Medicare.
BUSINESS
1. HB 473/SB 658 Cybersecurity Incident Liability Immunity
By Rep. Giallombardo and Sen. DiCeglie
The House and Senate bills have received three committees of reference. The House bill passed its final committee by a vote of 18-3. The Senate bill passed its final committee and is ready to be heard on the floor.
The bill seeks to limit liability for local government and businesses as long as they make a substantial effort to comply with certain federally recognized cyber security programs. The bill does not establish a private cause of action if a company fails to implement a cyber security program.
2. HB 1459/SB 1680 – Artificial Intelligence Transparency
By Rep. McFarland and Sen. Bradley
SB 1680 was referred to two committees while HB 1459 received three committee references. The House bill has passed its final committee without a no-vote and the Senate bill passed all of its committees. This bill is likely to pass.
The bill creates an advisory council called the Government Technology Modernization Council to study and monitor the development and deployment of new technologies and provide recommendations on procuring and regulating such systems to the Governor and the Legislature.
The bill also creates a new criminal statute defines the terms “generated child pornography,” “intentionally view,” and “sexual conduct,” and makes it a crime to knowingly possess, control, intentionally view, or create generated child pornography. Each instance of possession, control, or intentional viewing constitutes a separate offense. Anyone convicted of violating the statute is subject to up to five years in prison and a $5,000 fine, as well as enhanced penalties under habitual offender statute. The other substance of the bill has been removed. (House Only)
Business groups favor the Senate version of the bill, which merely creates a study group. The House bill is more prescriptive.
OTHER
1. HB 1021/SB 1178 – Community Associations
By Rep. Lopez and Sen. Bradley
Both House and Senate bills received three committees of reference. The Senate bill is scheduled to be heard in its final committee on February 27th. The House bill has passed all of its committees committee. This bill could pass.
The bill will make substantial changes to requirements and penalties for community association managers and management firms. The bill:
· Provides criminal penalties for accepting a kickback and for fraudulent voting activities.
· Requires directors to annually complete continuing education on recent changes to the condominium laws and rules.
· Requires a residential condominium association of 10 or more units to meet at least four times a year for the purpose of responding to inquiries from members and informing members on the state of condominium.
· Allows the board with regard to the structural integrity reserve study to recommend a temporary pause in the reserve funding or reduced funding in certain circumstances.
· Provides a process for the board to secure a line of credit and assess a contingent special assessment to fund repairs.
· Requires the Division of Condominiums, Timeshares and Mobile Homes to conduct random audits of community associations, give its employees the right to attend board meetings, and require them to refer suspected criminal activity to law enforcement agencies.
2. HB 173 – Not-for-profit Corporations that Operate Residential Homeowners’ Association
By Rep. Daniels
The House bill has received three committees of reference but has no Senate companion. The bill has not been heard and is likely dead.
The bill requires that not-for-profit corporations that operate residential homeowners’ associations to donate at least 15% of the association’s annual income to benefit the community and must make records available upon request.
3. HB 311/SB 532 Securities and Securities Transactions
By Rep. Barnaby and Sen. Brodeur
The bill is a wholesale rewrite of Florida securities statutes. Both bills are ready for the floor. This bill is likely to pass.
The bill revises Florida securities statutes and makes the following changes:
· Revises the list of securities that are exempt from registration.
· Revises provisions relating to a certain registration exemption for certain securities transactions.
· Updates the federal laws or regulations with which the offer or sale of securities must be in compliance.
· Requires that offers and sales of securities be in accordance with certain federal laws and rules.
· Provides that registration exemptions under certain provisions are not available to issuers for certain transactions under specified circumstances.
· Specifies criteria for determining integration of offerings for the purpose of registration or qualifying for a registration exemption.
· Specifies the purpose of the Securities Guaranty Fund.
4. HB 515/SB 556 – Protection of Specified Adults
By Rep. Silvers and Sen. Rouson
Both the House and Senate bills have received three committees of reference. The Senate bill is scheduled to be heard in its final committee on February 26th. The House bill passed its second committee on February 22st. This bill is likely dead.
The bill creates new provisions of law that authorizes financial institutions, under certain circumstances, to delay a disbursement or transaction from an account of a specified adult. Specified adult is defined as means a natural person 65 years of age or older, or a vulnerable adult as defined in s. 415.102. The bill sets a process for this to happen and creates record retention schedules for institutes that trigger this new statute.
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