Preparing for the January 11 Florida Legislative Session
We start the New Year with a couple of new laws regarding peer-to-peer car-sharing rentals and notaries, together with a 4.9% decrease in workers’ compensation rates. There’s a new Secretary of the Department of Business and Professional Regulation (DBPR) and the Florida Legislature is preparing to return to the Capitol for its 60-day session, commencing next Tuesday, January 11, 2022.
The vehicle-rental law (SB 566) provides insurance and other requirements on both the owner and renter, while the notary public law (HB 121) expands on the 2019 law authorizing remote online notarizations, out of necessity from the coronavirus. Just before Christmas, Governor DeSantis appointed Melanie Griffin as Secretary of DBPR, replacing Julie Brown who will serve as the Chair of the new Florida Gaming Control Commission, authorized by the legislature last year. Griffin is a Tampa lawyer who specialized in business contract law, as well as trust and estate litigation.
As we prepare for the formal start of session next Tuesday with the Governor’s State of the State address, we’re still awaiting bills to be filed on further needed insurance consumer protection measures that would:
- Tweak the 2019 Assignment of Benefits (AOB) law (HB 7065) to address “directions to pay” agreements by contractors and other loopholes and tactics used to work around this law;
- Update the language in last spring’s SB 76 law to satisfy current federal court challenges; and
- Limit Citizens Property Insurance policyholders in vetoing take-outs of their policies to the private market.
Here is a master list of the legislative bills we’re following so far in the upcoming 60-day session (you can click the bill link to go directly to its details farther below). “New” and “Updated” bills are so noted. Updates within each bill are noted in blue font:
Insurance Policies (aka Insurance Omnibus Bill) Updated
Domestic Surplus Lines Insurers New
Construction Defect Claims Updated
Building Inspection Services Updated
Motor Vehicle Glass Updated
Property Insurer Reimbursements Updated
Citizens Property Insurance Updated
Community Association Database Updated
Powers of the Florida Building Commission New
Condominium Associations Updated
COVID-19-related Claims Updated
Communicable and Infectious Diseases Updated
Insurance Coverage for At-home COVID-19 Test Kits Updated
Telehealth Updated
Insurance Policies (Insurance Omnibus bill) – SB 468 by Senator Keith Perry (R-Gainesville) would, among its many provisions, redefine the term “covered policy” under the Florida Hurricane Catastrophe Fund in relation to certain collateral protection insurance policies; authorize any association, trust, or pool created for the purpose of forming a risk management mechanism or providing self-insurance for a public entity to establish a quorum and conduct public business through communications media technology; authorize insurers to file certain insurance rating plans based on certain windstorm mitigation construction standards, if certain requirements are met, among other provisions. The Senate Banking and Insurance Committee on December 1 unanimously passed a committee substitute bill that reflected the majority of debate at the meeting as to when the clock should start for insurance companies to respond to Legal Service of Process (LSOP) notices. Current statute says the required 90-day response by the company starts when the notice is served to the Department of Financial Services (DFS). During the pandemic, DFS got behind in processing the notices. So the bill changes “when the clock starts” to when the company receives the notice from DFS. The bill now goes to the Judiciary Committee, which is tentatively scheduled to meet next Monday, January 10. A similar bill in the House, HB 503 has been filed by Rep. Tommy Gregory (R-Sarasota) and awaits its first hearing in the Insurance & Banking Subcommittee. (Return to Top of Page)
(NEW) Domestic Surplus Lines Insurers – HB 951 by Rep. Tommy Gregory (R-Sarasota) (there is no corresponding Senate Bill to date) changes the law governing surplus lines carriers. It provides that the term “eligible surplus lines insurer” now includes domestic surplus lines insurers; authorizes specified non-admitted insurers to transact insurance as domestic surplus lines insurers; authorizes domestic surplus lines insurers to write surplus lines insurance in any jurisdiction; requires such insurers to be considered unauthorized insurers & non-admitted insurers for specified purposes; limits circumstances under which such insurers may write surplus lines insurance; provides such policies are subject to specified taxes but are not subject to certain other taxes. The bill is awaiting committee assignments. (Return to Top of Page)
Construction Defect Claims – HB 583 by Rep. Clay Yarborough (R-Jacksonville) requires a claimant to provide written reasons for rejecting settlement offer; authorizes supplemental offer; provides notice requirements for supplemental offer; requires a court to stay action under certain circumstances; limits attorney fees under certain circumstances; requires certain claimants to complete repairs of construction defect within specified time; provides requirements for payment of repairs; requires expert to examine defect & prepare report; provides report requirements; provides for compensation of expert; provides liability; requires certain notices of construction defects be sent to mortgagee or assignee. The bill awaits its first hearing in the Civil Justice & Property Rights Subcommittee. A similar bill in the Senate, SB 736 by Senator Travis Hutson (R-Palm Coast), passed on a 6-4 vote as a committee substitute bill by the Judiciary Committee on November 30. It now goes to the Community Affairs Committee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Building Inspection Services – HB 423 by Rep. Chip LaMarca (R-Lighthouse Point) revises eligibility requirements for building code inspector or plans examiner; revises special conditions that may be imposed on provisional certificates; authorizes partial completion of internship program to be transferred between jurisdictions & private entities; limits administrative fee that local jurisdiction can charge; provides certificate of occupancy or completion is automatically granted & issued; and requires local building official to provide written certificate of occupancy or completion within specified time. The House Regulatory Reform Subcommittee on December 2 unanimously passed a committee substitute, with the next stop being the Local Administration & Veterans Affairs Subcommittee. A similar bill in the Senate, SB 644 has been filed by Senator Jason Brodeur (R-Lake Mary) and awaits its first hearing in the Community Affairs Committee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Motor Vehicle Glass – SB 484 by Senator Linda Stewart (D-Orlando) (there is no corresponding House Bill to date) targets Assignment of Benefits (AOB) abuse in the windshield repair industry, an effort that failed to gain traction last session. The bill would prohibit motor vehicle repair shops or their employees from offering anything of value to a customer in exchange for making an insurance claim for motor vehicle glass replacement or repair, including offers made through certain persons, etc. The bill awaits its first hearing in the Banking and Insurance committee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Property Insurer Reimbursements – HB 695 by Rep. Cyndi Stevenson (R-St. Augustine) revises requirements for coverage under the Florida Hurricane Catastrophe Fund of certain policies assumed from “unsound insurers” by authorized insurers or Citizens Property Insurance Corporation. It awaits its first hearing in the Insurance & Banking Subcommittee. An identical bill in the Senate, SB 1058 has been filed by Senator Travis Hutson (R-Palm Coast). It awaits its first hearing in the Banking and Insurance committee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Citizens Property Insurance – SB 186 by Senator Jeff Brandes (R-Pinellas) (there is no corresponding House Bill to date) would allow surplus lines companies to do takeouts of Citizens policies, just as admitted carriers can do, and has other provisions to attempt to stem Citizens explosive growth. The bill awaits its first hearing in the Senate Banking and Insurance committee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Community Association Database – This is one of several bills filed in the aftermath of the Champlain Towers South condominium collapse that killed 98 people in June of 2021. HB 329 by Rep. Nicholas Duran (D-Miami-Dade) requires the Department of Business and Professional Regulation (DBPR) to establish a searchable database of condominium and homeowners’ associations’ information. This would include contact information of board members, community managers, articles of incorporation and the like, but also a copy of the annual budget and schedule of expenses and assessments. It must specify whether the association has reserve accounts for capital expenditures and deferred maintenance, and if they are fully funded. A copy of the most recent reserve study, if one has been conducted, would also be included in the database. It awaits its first hearing in the Regulatory Reform Subcommittee, which is tentatively scheduled to meet next Wednesday, January 12. A similar bill, SB 642, was filed in the Senate, by Senator Ana Maria Rodriguez (R-Miami-Dade) and awaits its first hearing in the Regulated Industries Committee, which is tentatively scheduled to meet next Tuesday, January 11. (Return to Top of Page)
(NEW) Powers of the Florida Building Commission – HB 771 by Rep. Alex Andrade (R-Pensacola) (there is no corresponding Senate Bill to date) would require the Florida Building Commission to develop uniform standards for the maintenance and periodic inspection of existing building structures or facilities; provide requirements for such standards; and authorize the commission to adopt certain local rules that deviate from statewide standards. It awaits its first hearing in the Regulatory Reform Subcommittee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Condominium Associations – Another bill following the Surfside condo collapse, SB 880 by Senator Jason Pizzo (D-Miami) (there is no corresponding House Bill to date), would expand the jurisdiction of DBPR in investigating complaints about condo associations. It would also revise criminal penalties on acceptance of things or services of value or kickbacks, specify acts that comprise fraudulent voting activities relating to association elections, and require an association provide an itemized list and a sworn affidavit to persons requesting to inspect records. It, too, awaits its first hearing in the Regulated Industries Committee, which is tentatively scheduled to meet next Tuesday, January 11. (Return to Top of Page)
COVID-19-related Claims – This is one of several bills addressing the ongoing coronavirus pandemic. SB 610 by Senator Jeff Brandes (R-Pinellas) (there is no corresponding House Bill to date) would extend current COVID-19 liability protections for health care providers through December 2023. Another Senate bill, SB 7014 originated by the Judiciary Committee was approved as a proposed committee bill in its November 30 meeting and recognizes the same need and extends the protections against claims filed before June 1, 2023. It awaits its second hearing in the Rules Committee, which is tentatively scheduled to meet next Thursday, January 13. (Return to Top of Page)
Communicable and Infectious Diseases – Citing this act as the “Sergeant Justin White Act,” SB 774 by Senator Joe Gruters (R-Sarasota), this bill provides a presumption to specified workers that an impairment of health caused by COVID-19 or an infectious disease happened in the line of duty; requires certain actions in order to be entitled to the presumption; and requires emergency rescue or public safety workers to file an incident or accident report under certain conditions. It awaits its first hearing before the Governmental Oversight and Accountability Committee, which is tentatively scheduled to meet next Thursday, January 13. There is an identical bill in the House, HB 117 by Rep. Elizabeth Fetterhoff (R-Deland) and Rep. Anika Omphroy (D-Lauderdale Lakes). It awaits its first hearing before the Government Operations Subcommittee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Insurance Coverage for At-home COVID-19 Test Kits – SB 328 by Senator Ana Maria Rodriguez (R-Miami-Dade) defines the term “at-home COVID-19 test kit”; requires health insurers and health maintenance organizations to provide 100 percent coverage for at-home COVID-19 test kits; and provides for expiration of the insurance coverage, among other provisions. The bill awaits its first hearing in the Banking and Insurance committee, which is tentatively scheduled to meet next Wednesday, January 12. There is an identical bill in the House, H 129 by Rep. Ardian Zika (R-Pasco). It awaits its first hearing in the Finance & Facilities Subcommittee, which is tentatively scheduled to meet next Wednesday, January 12. (Return to Top of Page)
Telehealth – SB 312 by Senator Manny Diaz (R-Hialeah) revises the definition of the term “telehealth” and narrowing the prohibition on prescribing controlled substances through telehealth to include only specified controlled substances. The bill passed unanimously in the Banking and Insurance Committee, its second stop, and is now in the Rules Committee, which is tentatively scheduled to meet next Thursday, January 13. There is a comparable bill in the House, HB 17 by Rep. Tom Fabricio (R-Miramar) and Rep. Mike Giallombardo (R-Cape Coral). It awaits its first hearing before the Professions & Public Health Subcommittee. (Return to Top of Page)
You can use these links to view the latest legislative schedules for the Florida Senate and Florida House.
LMA Newsletter of 1-3-22
