Posted in Florida Legislature, Politics

Special Session Day 1 is Complete!

The quick ones

Disaster Relief – Senate Bill 4A – a bill introduced by Senator Travis Hutson (St. Johns County)  intended to provide relief for Floridians impacted by the one-two punch of Hurricanes Ian and Nicole this year is set to authorize a refund of ad valorem taxes for residential improvements for homes rendered uninhabitable. Additionally, the bill will allow extension and suspension of payments for property impacted by these hurricanes.

Some concerns were raised about the relief possibly being extended to “snowbirds” and others who have second homes in Florida. The concern here was the relief should be reserved for Florida residents most in need. Senator Hutson is relying on local governments to make the right decisions for their residents. He would not include these restrictions in the State level bill.

When we look at Preemption bills, this would be a step in the right direction. Local governments know best for their community. Let’s not use Preemption only when it serves our purposes.

Toll Relief – Senate Bill 6A – This bill, introduced by Senator Bill DiCeglie of Pinellas County, establishes a “toll relief” program. This one is going to be specific for those of you who use transponders as you commute on the Florida toll roads. Pass through a State toll plaza more than 35 times in a month and you can get a 50% credit on your tolls for the 2023 year.

The tough one – Florida Insurance

Senate Bill 2A, filed by Senator Jim Boyd (representing Hillsborough and Manatee Counties) is intended to address our Florida Insurance crisis. An almost identical House bill has been filed and is being heard on the floor today.

With insurance companies hiking rates, canceling policies and, in some cases, fleeing the state, the Legislature is focused on addressing the Insurance crisis.

Key elements include addressing attorney fees and Assignment of Benefits as well as shoring up the state-run Citizens Insurance.

Assignment of Benefits – where a homeowner gives a contractor the right to file a claim on their behalf, is believed to be a problem because contractors may be attributing damage to a storm in order to get reimbursement for elevated claims.

Was that 20 year old roof replaced because of storm damage? Or because of age related wear and tear in Florida weather?

If insurance companies deny the claim, because they determine it is NOT storm related, the contractor or homeowner may then sue the insurance company and therein lies the reason for addressing attorney fees. Currently, law firms benefit from filing the lawsuits because the attorney fees are paid by the insurance company. If that provision is addressed, would the number of lawsuits decline? That is the hope.

Citizens Relief?

With insurance companies abandoning. Florida or canceling policies because of aging roofs, homeowners turn to Citizens, the insurer of last resort for many Floridians. The bill attempts to provide relief for Citizen’s by requiring all Citizens insured policy holders to carry FEMA backed Flood Insurance and, if a competing policy is offered by a private insurer that is within 20% of the Citizen’s quoted rate, the homeowner must take the private insurance.

Special Session End?

The Special Session is slated to go through Friday. Word is, House Speaker Renner thinks the lawmakers can head home Wednesday night with the job of the Special Session finished.

Posted in Uncategorized

Upcoming Florida Legislative Session

Insurance reform?

A special session of the Florida Legislature begins on Monday, December 12. I suspect most Floridians, including many of our St. Johns County residents, won’t be paying a lot of attention.

They should. We all should.

The stated intent of this legislative session is to:

  • Improve the property insurance marketplace for homeowners
  • Address recovering from Hurricanes Ian and Nicole
  • Fund a statewide toll relief fund to make it more affordable for Floridians to get to and from work

Improving the Property Insurance Marketplace for Homeowners is being addressed on the Senate side by Senate Bill 2A, filed by Senator Boyd (Hillsborough and Manatee Counties), and has been referred to the committees on Banking and Insurance and Fiscal Policy. A similar House Bill, H1A, has been filed by Representatives Leek and Rommel (Part of Volusia County, Part of Collier County)

What does it do for the average Floridian? The goal is shore up the state-run Citizens Property Insurance and to increase access to reinsurance with the hope this will stabilize the insurance marketplace. In 2021, 6.91% of total nationwide insurance claims were in Florida however, 76% of the nationwide homeowners’ lawsuits were opened in Florida. Senate Bill 2A will attempt to put controls in place to reduce frivolous lawsuits that raise costs and increase insurer transparency for consumers.

The bill appears to help insurers by eliminating the right to attorney fees in residential and commercial property insurance lawsuits. How does this help? By removing the incentive for law firms to file frivolous suits. Lobbyists for law firms are said to be pushing back on this change as they believe it is needed for them to file cases against insurers if a claim isn’t paid in full.

The bill will also eliminate Assignment of Benefits. This is the process where a homeowner allows a contractor to file the claim on their behalf. Does that lead to fraudulent or inflated claims? It’s long been viewed that it does often lead to unnecessary work and then claims against the homeowner’s insurance.

The bill will also reduce the time to file a claim from 2 years to 1 year and insurers will be required respond to a claim in 7 days rather than 14 days and check the damages within 30 days as opposed to 45 days.

Will this help homeowners? Probably not right away. If passed, it would be a couple of years before the benefits would trickle down to homeowners.

If you are in favor of these reforms, be sure to let our St. Johns County Legislators know.

Contact information for St. Johns County Legislators: