2024 FLORIDA SESSION UPDATE -- Week 1
The Florida Legislature completed the first week of its nine-week 2024 legislative session this past Friday. 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 wants to pass a health care work force package called Live Healthy Florida. Speaker Paul Renner is focused on health price transparency. 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.
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; numerous other updates. See General Insurance section for further details on these bills.
2. HB 939/SB 1066 – Consumer Protection
By Rep. Griffitts and Sen. Burton
Unclaimed property – only the Department of Financial Services can initiate Qui Tam action, as opposed to third parties, which have done so in the past. See General Insurance section for further details on these bills.
HEALTH
1. SB 680 – Protection of Medical Freedom
By Sen. Gruters
Only the Senate bill has been filed to date and it received three committees of reference. A similar bill was filed last year and was never heard in committee. There is no House companion measure.
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.
2. HB 851/SB 876 – Nonprofit Agricultural Organizational Health Coverage
By Rep. Anderson and Sen. DiCeglie
The House bill has received three committees of reference, while the Senate bill is still waiting on committee references. 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 bill seeks to create a nonprofit agricultural health coverage option to the Florida Farm Bureau members that would permit medical underwriting of group members.
3. HB 1549/ SB 1640 – Price Transparency
By Rep. Grant and Sen. Collins
HB 1549 passed the first of its three committees on January 16. The Senate package may come up in committee during the third week of session.
This is a large health care workforce package that is potentially being matched up with the Senate President’s Live Healthy Florida package (SB 7016) which is ready to head to the Senate floor. However, the bill contains two onerous provisions regarding Shared Savings and Advanced EOBs.
4. 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.
5. HB 241/SB 892 – Skin Cancer Screening Mandate
By Rep. Massullo, MD and Sen. Harrell
HB 241 will be heard in the first of its three committees, Health Innovation, on January 16. SB 892 was also referred to three committees but has not yet been heard.
The bills would require individual health insurance policies; group, blanket, & franchise health insurance policies; & HMOs 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.
6. HB 885/SB 964 – Biomarker Testing
By Rep. Pittman and Sen. Calatayud
Both bills have been referred to three committees. Neither bill has been heard yet.
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 bill also requires commercial individual health insurance policies; group, blanket, & franchise health insurance policies; & health maintenance contracts to provide coverage for biomarker testing for certain purposes and specifies the circumstances under which such coverage may be provided.
7. HB 639/SB 568 – Ground Ambulance
By Rep. Yaeger and Sen. Hooper
SB 568 has passed the first of its three committees with a committee substitute amendment. HB 639 was referred to four committees and has not yet been heard.
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.
8. HB 1431/SB 1750 – International Reference Rx Pricings
By Rep. Fine and Sen. Gruters
HB 1431 has not been referenced to committees yet but the HHS committee has heard two presentations on it, as the bill is sponsored by the committee chair. SB 1750 has been referred to three committees but has not yet been heard.
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.
9. 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.
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.
DENTAL
HB 1219/SB 892 – Dental Insurance Claims
By Rep. Black and Sen. Harrell
SB 892 has been referred to three committees while HB 1219 has not received its committee references yet. Neither bill has received a hearing yet.
The bills would create an onerous definition of Non covered services, undoing current law which follows the NCOIL model. They also include prior authorization and credit card restrictions.
PROPERTY
1. 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 move.
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.
2. 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 yet to be referred to committee. I would not expect this bill to move.
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.
3. SB 178 – Resolution of Disputed Property Insurance Claims
By Sen. Polsky
The Senate bill has received three committees of reference, but no House bill has been filed.
The bill requires parties in a property insurance claims dispute to participate in mediation. Allows for teleconference mediation if both parties sign off.
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 was temporarily postponed on December 13th in House Regulatory Reform and Economic Development Subcommittee.
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. 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.
The bill simply increases the surplus dollar amount from $15 million to $20 million for a surplus line company and phases in high caps over the next 7 years.
6. 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 is on the agenda on January 16th in the first of its 3 committee references.
The bill revises certain minimum replacement costs to a set amount of $1 million or more as risk amounts ineligible for coverage by Citizens Property Insurance Corporation for personal lines residential structures and single condominium units. Prohibits coverage for certain dwelling structures and single condominium units if the replacement cost is $700,000 or if the risk is offered comparable coverage from an authorized insurer at the insurer's approved rate under a standard policy including wind coverage.
7. HB 893 – Coverage by Citizens Property Insurance Corporation
By Rep. Lopez (V)
No committees have been assigned in the House and no Senate bill has been filed.
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.
8. HB 625 – Property Insurance Coverage
By Rep. Buchanan
Only a House bill has been filed and it received two committees of reference.
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.
9. HB 655/SB802 – Condominium Windstorm Pilot Program
By Rep. Cassel and Sen. Rogriguez
Both House and Senate bills have received three committees of reference.
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 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. I would expect this bill to move.
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.
11. HB 731/SB 1024 – Insurance Claims
By Rep. Botana and Sen. Grall
The House bill has received three committees of reference, and we expect the Senate bill to receive three committees of reference. We would expect the bill not to move.
The bill requires the Office of Insurance Regulation to consider the recovery of funds under specified provisions in reviewing rates and requires insurers to report the recovery of funds to the OIR.
12. HB 749 – Flood Damage Prevention
By Rep. Basabe
The House bill has received three committees of reference, but no Senate bill has been filed.
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.
13. HB 809/SB 1070 – Personal Lines Residential Property Insurance
By Rep. Garcia and Sen. Gacia
The House bill has received three committees of reference, and the Senate bill is still waiting to be referred to committees. I would not expect this bill to move.
This bill allows for a personal lines residential property insurance policy to only cover what a homeowner owes on the principal of their mortgage.
14. HB 1015/SB 1622 Insurance
By Rep. Stevenson
This is the House OIR insurance package. The House bill was filed prematurely and will be amended extensively in its first committee. The Senate bill will still need some work as OIR had to file because of the filing deadline. Both bills will need to be worked on. The Department has expressed that modernizing the reciprocal statute is needed.
The bill seeks to eliminate the ability of an insurer to cancel a policy until 90 days after a repair has been made following a hurricane or wind loss event. The bill modernizes definitions within the reciprocal statute and aligns the surplus required for a new insurer to Ch. 624.407. Creates new guidelines and reporting for how a reciprocal can borrow money to defray expenses. The bill also aims to modernize the acquisition of reciprocal statute, clearing up who will need to disclose ownership in the company and what background requirements must be met. The bill sets timeframes for new reciprocals to meet new surplus requirements.
15. SB 7028 – My Safe Florida Home Program
There is a Proposed Committee Bill for SB 7032 on the agenda in the Senate Banking & Insurance Committee on January 16th. The bill specifies eligibility requirements for mitigation inspections and mitigation grants.
16. HB 1029/SB 1366 – My Safe Florida Condominium Pilot Program
By Rep. Lopez and Sen. DiCeglie
Both House and Senate bills should receive three committees of reference.
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.
AUTO
1. HB 653/SB 464 – Motor Vehicle Insurance (PIP Repeal)
By Rep. Alvarez and Sen. Grall
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.
2. SB 194 – Motor Vehicle Repair Work
By Sen. Gruters
The Senate bill has received three committees of reference but does not have a House sponsor.
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 215/SB 846 – Risk Retention Groups
By Rep. Truenow and Sen. DiCeglie
The House bill received two committees of reference and passed its first committee 18-0. The Senate bill has been filed and will be heard in its first committee of reference, Banking & Insurance, on January 16th.
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.
4. 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.
The bill provides that a certain affidavit constitutes proof of ownership and right of possession to a motor vehicle or mobile home the previous owner of which died testate. Prohibits the department or a tax collector from charging a fee for reissuance of certain certificates of title. Removes provisions requiring a written, notarized request for the purchase of a temporary tag.
5. HB 661/SB 332 Wrecker Operators
By Rep. Caruso and Sen. Burgess
Both the House and Senate bill received three committees of reference.
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.
6. 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 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.
7. 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.
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.
8. 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. Probably unlikely this bill will move.
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.”
GENERAL INSURANCE
1. HB 939/SB 1066 – Consumer Protection
By Rep. Griffitts and Sen. Burton
We expect the House and Senate bills to receive three committees of reference. This is one of the Chief Financial Officer’s priority bills.
The bills do the following:
· Adds actions involving the Unclaimed Property Act to the list of civil actions exempt from the qui tam provision in Chapter 68, Florida Statutes; instances where this has been abused and disrupted the framework/processes for consumers obtaining their unclaimed property.
· Prohibiting agencies from entering contracts with entities that provide services related to "fact checking" or otherwise removing "misinformation."
· Allowing for the title of the mobile home to be retired if a mortgage against the owner's mobile home and real property is filed.
· Allowing for the title of the mobile home to be retired if a mortgage against the owner's mobile home and real property is filed.
· Updating the definition of "depository institution" to include other relevant entities.
· Updating the definition of "depository institution" to include other relevant entities.
· Requiring a public adjuster contract to include the license number of the public adjusting firm.
· Requiring a disclosure to be provided to a consumer detailing the coverage purchase. Disclosure recommends a consumer review the coverage for any exclusions/limitations.
· Clarifying the timeline associated with loss assessment claims; associating the timeline with the date the loss assessment is sent.
· Requiring insurance carriers to offer wind mitigation credits for commercial properties.
· Updating the reference to the National Fire Protection Association Edition for the display of fireworks.
· Creating criminal penalties associated with grant and contract fraud; establishes thresholds and associated criminal penalties.
· Prohibiting entities from making solicitations/advertisements that falsely represents their association with a bank or lending institution.
· Grant and contract fraud conforming change.
2. HB 989/SB 1098 – Department of Financial Services
By Rep. LaMarca and Sen. DiCeglie
This is the second of the Chief Financial Officer’s bill. It will receive three committee references and will more than likely pass.
The bill does the following:
· Merging PAF as a bureau of DIFS; renaming DIFS
· Removes the approved contractor list requires homeowner to state name and license number of contractor to be used, clean-up for eligibility requirements, allows for re-applications in the event of future eligibility changes, removes requirement for program to participate in and work with other programs/local governments that would not align with MSFH goals, adds a timeline for grant approval and final inspection; this would allow for unspent funds to be reverted back to the program, allows for the program to request information for insufficient applications.
· Removal of quarterly report submitted by Division of Risk Management; this information is provided to the Revenue Estimating Conference and would remain readily available upon request.
· Removal of quarterly report submitted by Division of Risk Management; this information is provided to the Revenue Estimating Conference and would remain readily available upon request.
· Grants department the ability to approve/deny contracts valued at more than $100,000; requires formal bid solicitation for contracts valued at more than $100,000.
· Moving the sole appointment authority of the Board of Funeral, Cemetery, and Consumer Services under the CFO
· Removing requirement for notices to be sent to specific email addresses designated by the insurer, requires an email address to be designated with the department for response to consumer complaints, requires a contact person to be designated for escalated complaints, and allows for a licensee to designate an email address for consumer complaints.
· Allows DFS to collect cell phone numbers during agent applications as a method of two-factor-authorization; provides public records exemption.
· Adds "Registered Claims Adjuster (RCA) from American Insurance College" to the list of applicants exempt from examination requirements.
· Allows for the complaint and any relevant information to be discussed with the subject of the complaint or their representative.
· Adds "Chartered Customer Service Representative (CCSR) from American Insurance College" to the list of designations that would eliminate the requirement to take the Florida licensing exam.
· If a person loses their license as an adjuster, they are unable to participate in any part of the claims process; addresses the adjusting vs. appraising process.
· Removes an unnecessary requirement for surplus lines agents to also hold an appointment in the admitted market.
· Requires the notice of change in policy terms to be summarized on one page within the renewal.
· Removing requirement for notices to be sent to specific email addresses designated by the insurer.
· Grants department the ability to approve/deny contracts for FIGA, FLHIGA, FLHMOCAP, FLWCIGA, valued at more than $100,000; requires formal bid solicitation for contracts valued at more than $100,000.
· Requires insurance companies to format their data ahead of an insolvency; current practice requires sophisticated IT staffing and resources from the receiver.
· Allows for the Department to establish uniform fire safety standards for mobile food dispensing vehicles and energy storage systems.
· Allows Service Agreement Companies to manage risk with multiple contractual liability insurance policies to back their financial obligations under consumer contracts.
· Allows risk to be managed with multiple contractual liability insurance policies to back financial obligations of Service Agreement Companies.
· Authorizes Home Warranty Associations to meet financial requirements by providing a parental guarantee when the parent company has sufficient net worth.
· Clarifies that agents/employees of a municipality/local government are exempt from home warranty licensing requirements.
· Provides definition of "referring bail bond agent" and "transfer bond" to help clerks understand who is responsible to pay the court when a defendant fails to appear in court.
· Streamlines the Department's processes for resolving disputes and discussing settlement before the case goes to the Office of the General Counsel for administrative action to be imposed.
· Bail bond agents are self-employed and paid through contracts, not by the bail bond agency; current wording creates confusion.
· Updating an antiquated process; photographs are taken by the exam vendor and are electronically placed on the license printed by the vendor.
· Updating these definitions provides clarity, updates outdated terminology, removes redundancy, accounts for newer sources of unclaimed property and makes definitions more congruous with other terms in Florida law.
· Provides clarity on the dormancy period before property is presumed unclaimed; aims to help holders better determine when the unclaimed presumption arises for property.
· Addition of this helps Florida keep up with an emerging type of unclaimed property by establishing a dormancy period and remitting process.
· Updates the dormancy triggers for unclaimed equity to align with the dormancy triggers for other forms of unclaimed property.
· Establishes process of reporting/remitting unclaimed virtual currency; clarifies obligations of holders to remit unclaimed property.
· Protects the Department and holders from liability; provides clarity on the reporting/remitting of unclaimed property in good faith; provides the Department the authority to refund/return property reported in error.
· Increases the retention amount for the Unclaimed Property Trust Fund (swept to the State School Trust Fund within DOE and results in loan draws to pay claims).
3. SB 720 – Asbestos and Silica Claims
By Rep. Brackett and Sen. Hutson
The Senate bill has received three committees of reference and should be heard in Senate Judiciary the second week of Session.
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.
TORT REFORM
1. HB 1043/SB 1152 – Premises Liability for Third Party Acts
By Rep. Smith and Sen. Collins
Both the House and Senate bills should receive three committees of reference. I would expect this bill to pass as it is a clean up to last year’s Premises liability language that was in the big tort package.
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
Both the House and Senate bills have been referred to three committees.
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.
OTHER (Non-insurance)
1. HB 473/SB 658 Cybersecurity Incident Liability
By Rep. Giallombardo and Sen. DiCeglie
The House and Senate bills have received three committees of reference. I would expect this bill to move this session. Neither bill has been heard yet.
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 has not received its committee references yet. Neither bill has been heard in committee.
The bills would create the Government Technology Modernization Council within the Department of Management Services; requires entities & persons to create safety & transparency standards for content, images, & videos generated by AI; requires disclosures for certain communications, interactions, images, likenesses, & content; prohibits use of natural person's image or likeness without consent; provides certain political ads are subject to specified requirements; authorizes DLA to bring action for violations under Florida Deceptive & Unfair Trade Practices Act under chapter 501; provides civil penalties; provides certain entities & persons are subject to jurisdiction of state courts.
3. HB 119/SB 188 - Trespass on Commercial Agricultural Property
By Rep. Melo and Sen. Brodeur
The Senate bill has passed its first of three committees of reference, and the House bill has received three committees of reference. This bill is being pushed in part by the Commissioner of Agriculture, and we expect the bill to pass.
The bill amends s. 810.09, F.S., to provide that it is a third-degree felony if the offender trespasses with the intent to commit a crime on commercial agriculture property that is legal.
4. 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 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.
5. HB 179 HB 199 HB 213/SB 202– Towing and Storage
By Rep. Bell and Sen. Perry
Both the House and Senate bills have received three committees of reference.
The bill prohibits FHP from excluding wrecker operators from wrecker operator system based on prior felony conviction. It clarifies what type of fees can be charged by a towing-storage operator. Specified copies of specified documents can be used to constitute proof for transfer of title. Clarifies record retention schedules for towing-storage operators, all documents must be kept for three years. Creates a detailed process for selling an impounded vehicle or vessel.
6. HB 311/SB 532 Securities and Securities Transactions
By Rep. Barnaby and Sen. Brodeur
Both the House and Senate bills have received three committees of reference. The bill is a wholesale rewrite of Florida securities statutes.
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.
7. HB 339/SB 696 Agritourism
By Rep. Roth and Sen. Rodruguez
The House and Senate bills each have three committees of reference.
The bill preempts local government by prohibiting them from adopting ordinances, regulations, rules, or policies that require certificates of use for certain agricultural lands, facilities, and venues or limit certain activities associated with agritourism. The bill defines new agritourism definitions:
· “Brewery" means an establishment that is located wholly on a parcel with an ongoing and lawfully established agricultural use and is designed and used for the manufacture of malt liquors, such as beer and ale. The facility may have ancillary uses, including uses that permit the sale and consumption of products manufactured on site, as authorized under applicable licenses issued by the state.
· "Distillery" means a facility that is located wholly on a parcel with an ongoing and lawfully established agricultural use and that is designed and used for the distillation of agricultural products including grains, fruits, or vegetables into liquor or spirits. The facility may have ancillary uses, including the sale and consumption of products manufactured on site, as authorized under applicable licenses issued by the state.
· "Mobile Food Service Operation" means the preparation, cooking, serving, and sale of food, or combination thereof, conducted from a portable stand, vehicle, or trailer. Each such stand, vehicle, or trailer shall be considered a mobile food service operation. The term does not include a farm stand.
· "Winery" means an agricultural processing facility that is located wholly on a parcel with an ongoing and lawfully established agricultural use and designed and used for fermenting and processing fruit into wine or derivative products. The facility may have ancillary uses, including the sale and consumption of products manufactured on site, as authorized under applicable licenses issued by the state.
8. HB 651/SB 476 Civil Liability
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. I would expect this bill to move this session.
The bill includes parents of an unborn child as individuals who are able to collect for funeral and medical expenses for wrongful death claims.
9. 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.
This bill creates new provisions of law that authorize 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.
10. HB 849/SB 1040 – Veterinary Practices
By Rep. Buchanan and Sen. Bradley
The House bill received two committees of reference, while the senate bill is waiting to be referred to committee.
This is the veterinary telehealth bill and expands the ability of a local government or Sheriff’s office to administer rabies vaccines as long as they are under the indirect supervision of a veterinarian. Allows for a veterinarian to perform telehealth evaluations and prescribe medications except for controlled Schedule II substances.
11. HB 1245/SB 1038 – Veterinary Professional Associates
By Rep. Killebrew and Sen. Bradley
Both the House and Senate bills have received three committees of reference.
The bill defines a “Veterinary Professional Associate” as a person who has earned a master’s degree from an approved program or who meets standards approved by the board and is authorized to perform veterinary medical services delegated by a supervising veterinarian. It allows a VPA to perform basic veterinary functions expect prescribing controlled substances and performing surgeries.
12. HB 261/SB 1100 Practice of Veterinary Medicine
By Rep. Chaney and Sen. DiCeglie
(Linked Public Records bill – HB 263/SB 1102)
Both the House and Senate bills have received three committees of reference.
The bill seeks to define a “licensed veterinary technician” as a veterinary technician or veterinary technologist who practices veterinary technology in the state and is licensed under the authority of this chapter 474.
The bill also seeks to expand the Board of Veterinary medicine from five to seven members by adding two veterinary technicians. The bill also sets the licensing requirements for a veterinary technician, disciplinary actions, and scope of practice.
13. HB 303/SB 334 Rabies Vaccinations
By Rep. Killebrew and Sen. Burgess
The House bill has passed one of its first two committees with a vote of 14-0. The Senate bill has passed one of its first three committees by a vote of 5-0.
The bill allows an employee, an agent, or a contractor of a county or municipal animal control authority, or sheriff, acting under the indirect supervision of a veterinarian, to administer rabies vaccinations to impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by the owner. Provides that the supervising veterinarian assumes responsibility for any person vaccinating animals at his or her direction or under his or her direct or indirect supervision. Defines "indirect supervision," to mean the supervising veterinarian is required to be available for consultation through telecommunications but is not required to be physically present during such consultation. Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his or her signature stamp in lieu of an actual signature to the rabies vaccination certificate.
14. HB 1021/SB 1178 – Condominium and Cooperative Associations
By Rep. Lopez and Sen. Bradley
This is the large condo package for this year. Both House and Senate bills will receive three committees of reference.
The bill will make substantial changes to requirements and penalties for community association managers and management firms. Revises provisions related to condominiums.
