Posted in Florida Legislature, Politics

Update on The Florida Special Legislative Session

What happened in the past week

The Special Session has come to an end with final resolution on all bills filed last week.

Here’s the quick version.

Emergency Response Bill

HB 1B/SB 2B – Creates Local Government Emergency Bridge Loan Program within DEO, subject to appropriation; provides program’s purpose; specifies program eligibility requirements; authorizes DEO to provide interest-free loans to eligible local governments through specified means; provides for expiration of program; provides appropriations.

Current Status

This Bill has been signed and presented to the Governor. This replenishes the Emergency fund with another $700 Million for much needed emergency relief for Floridians affected by natural disasters, particularly Hurricanes Ian and Nicole in 2022. Florida Residents on the west coast are still recovering from the devastation of these two storms.

Statewide Prosecutor

HB 3B/SB 4B – Statewide Prosecutor Specifying that certain crimes facilitated by or connected to the use of the Internet occur in every judicial circuit within the state; authorizing the Office of Statewide Prosecution to investigate and prosecute crimes involving voting in an election for a federal or state office, voting in an election on a referendum, an initiative, or an issue, the petition activities for a federal or state office, the petition activities for a referendum, an initiative, or an issue, or voter registration, etc.

Current Status

This bill is also headed to the Governor’s office for signature. The impact of this bill is to allow the State Attorney General’s office to establish an office to prosecute election related crimes.

Transportation of inspected Unauthorized Aliens

HB 5B/SB 6B – Transportation of Inspected Unauthorized Aliens; Creating the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States; authorizing the division to contract for services to implement the program; authorizing the division to adopt rules to implement the program; providing for future expiration, etc. APPROPRIATION: $10,000,000

Current Status

Also passed and on its way to the Governor for signature is SB 6B, allowing Florida taxpayers to fund transportation of unauthorized aliens from anywhere in the United States to another state. This modifies previous legislation that funded transport only from the State of Florida.

Intercollegiate Athlete Compensation and Rights

HB7B/SB 8B – Revising requirements for athlete agents representing intercollegiate athletes for certain purposes; deleting requirements regarding the compensation that intercollegiate athletes may receive; deleting certain requirements for postsecondary educational institutions whose intercollegiate athletes seek to earn compensation or to have professional representation; requiring a postsecondary educational institution to conduct at least two financial literacy, life skills, and entrepreneurship workshops under certain conditions, etc.

Current Status

Also, on its way to the Governor is the bill on Intercollegiate Athlete Compensation and Rights. This is largely viewed as a bill that will keep Florida Universities competitive in attracting athletes to play here.

In the House – Local Bills only

9B – Reedy Creek Improvement District, Orange, and Osceola Counties

Reenacting, amending & repealing chapter 67-764, Laws of Florida, relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; renames district; provides boundaries; revises manner of selection of board of supervisors; provides term limits; revises board member compensation; revises powers of board; revises powers of district; provides for transition; provides for continued effect of stipulation between district & Orange County; provides exception to general law.

Current Status

Looks like The Reedy Creek Improvement District may soon become the Central Florida Tourism Oversight District. With the Governor’s expected signature, the newly named district will have a Board of Directors appointed by the Florida Governor.

11B – Sunshine Water Control District, Broward County

Codifying, reenacting, amending & repealing district charter; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; removes chapters 63-609 & 2021-255, Laws of Florida, relating to district; provides exception to general law.

Current Status

On to the Governor for signature

13B – Eastpoint Water and Sewer District, Frankly County

Reenacts, amends, & repeals special act relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; revises definitions; removes separate positions of board secretary & board treasurer; creates position of board secretary-treasurer; removes chapter 67-1399, Laws of Florida, relating to district; provides exception to general law.

Current Status

On to the Governor for signature

In the House

15B – Insurance

Creates Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program; increases appropriation to specified program.

17B – Eligibility for Medical Assistance and Related Services

Extends Medicaid eligibility to specified adults.

Current Status

Both Bills were refused to be introduced

Posted in Florida Legislature, Insurance, Politics

What’s in the 2nd Florida Special Session?

What I’m Watching This Week

What’s in the Special Session?

The bills have been filed and here’s what we are watching this week and next.

In the House and Senate:

Emergency Response Bill

HB 1B/SB 2B – Creates Local Government Emergency Bridge Loan Program within DEO, subject to appropriation; provides program’s purpose; specifies program eligibility requirements; authorizes DEO to provide interest-free loans to eligible local governments through specified means; provides for expiration of program; provides appropriations.

Statewide Prosecutor

HB 3B/SB 4B – Statewide Prosecutor Specifying that certain crimes facilitated by or connected to the use of the Internet occur in every judicial circuit within the state; authorizing the Office of Statewide Prosecution to investigate and prosecute crimes involving voting in an election for a federal or state office, voting in an election on a referendum, an initiative, or an issue, the petition activities for a federal or state office, the petition activities for a referendum, an initiative, or an issue, or voter registration, etc.

Transportation of inspected Unauthorized Aliens

HB 5B/SB 6B – Transportation of Inspected Unauthorized Aliens; Creating the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States; authorizing the division to contract for services to implement the program; authorizing the division to adopt rules to implement the program; providing for future expiration, etc. APPROPRIATION: $10,000,000

Intercollegiate Athlete Compensation and Rights

HB7B/SB 8B – Revising requirements for athlete agents representing intercollegiate athletes for certain purposes; deleting requirements regarding the compensation that intercollegiate athletes may receive; deleting certain requirements for postsecondary educational institutions whose intercollegiate athletes seek to earn compensation or to have professional representation; requiring a postsecondary educational institution to conduct at least two financial literacy, life skills, and entrepreneurship workshops under certain conditions, etc.

In the House – Local Bills only

9B – Reedy Creek Improvement District, Orange, and Osceola Counties

Reenacting, amending & repealing chapter 67-764, Laws of Florida, relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; renames district; provides boundaries; revises manner of selection of board of supervisors; provides term limits; revises board member compensation; revises powers of board; revises powers of district; provides for transition; provides for continued effect of stipulation between district & Orange County; provides exception to general law.

11B – Sunshine Water Control District, Broward County

Codifying, reenacting, amending & repealing district charter; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; removes chapters 63-609 & 2021-255, Laws of Florida, relating to district; provides exception to general law.

13B – Eastpoint Water and Sewer District, Frankly County

Reenacts, amends, & repeals special act relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; revises definitions; removes separate positions of board secretary & board treasurer; creates position of board secretary-treasurer; removes chapter 67-1399, Laws of Florida, relating to district; provides exception to general law.

In the House – No Senate Companion Bill

15B – Insurance

Creates Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program; increases appropriation to specified program.

17B – Eligibility for Medical Assistance and Related Services

Extends Medicaid eligibility to specified adults.

Posted in Florida Legislature, Politics

Florida Legislature – Special Session Part Deux?

Here we are again with a Special Session of the Florida Legislature. What is on tap for this session?

In the Florida Senate, look for these topics in the Special Session:

Emergency Management – anticipate a bill to provide on-going relief and recovery for the communities continuing to be impacted by Hurricanes Ian and Nicole.

As reported in The Washington Post recently, while much of the state has moved on, the southwest portion of the state, particularly in the Ft. Myers area, is still in recovery mode.

https://www.washingtonpost.com/weather/2023/02/01/hurricane-ian-recovery-survivors/

Election Crimes

Also, in this special session we will see legislation “clarifying” the Office of Statewide prosecution jurisdiction to prosecute election crimes. You may recall that last year 20 people were arrested for election fraud – and the investigation showed that most of them THOUGHT they were voting legally. Pay attention to what happens with this bill.

Illegal Immigration

And then there is the clean-up of the illegal immigration bills. Remember that flight from Texas to Nantucket that Florida taxpayers funded last year? Lawsuits have been filed, grand juries have made recommendations; and this session will see a bill intended to clean up the loose ends and address the problem in this state.

Intercollegiate Athletics

And then, the important issue of how college athletes can be compensate for use of their names, images, and likenesses. It’s not clear why this needs to be in the Special Session and can’t be handled during the regular session where Senator Hutson already filed Senate Bill 200 to address the issue.

On the House side, there are a few local bills being addressed and Senator Hutson will be presenting these bills in committee for the Senate to discuss.

Look for bills on the Reedy Creek Improvement District – that’s the Disney Corporation’s special district that has been in hot discussion since last year’s challenge by Disney of Florida’s “anti-woke” legislation. At question is how to dissolve that special district without adversely impacting the local residents.

Posted in Florida Legislature, Politics

Florida Insurance Reform Bills – On to Governor DeSantis

Florida Insurance Bills Pass

The Insurance bill intended to stabilize the insurance industry in Florida and potentially lower insurance rates for homeowners has now passed the Florida Senate and House and will move on to Governor DeSantis to sign.

Will it help?

This is a “time will tell” situation. Theoretically, by curbing lawsuits and assignment of benefits, expenses will be lowered for insurance companies and those savings should be passed on to the insured.

Assignment of Benefits is not necessarily a bad thing but has resulted in perhaps unnecessary repairs or repairs that were not storm related. Then when insurance companies deny the claims, the contractor and homeowner can sue the insurance companies with the insurance company being responsible for the attorney fees.

 Curbing these actions may help reduce unnecessary claims. That may help insurance companies remain solvent as then be able to pass on savings to consumers. That cycle will take some time.

Another element of the bill forces homeowners out of Citizens Insurance. This may increase costs for some homeowners as they are forced into private insurance rather than the State backed Citizens Insurance.

Maintaining Citizens Solvency

What many Florida homeowners may not know is that if Citizens Insurance is not fully funded by its insured policy holders, the rest of us help out by paying a “hurricane tax” on our own private insurance bills. The most recent example of this is after the 2004-2005 hurricane season, a 1% surcharge was placed on every private insurance policy in Florida for the following 8 years.

Helping Citizen’s remain solvent and able to pay claims without implementing that surcharge helps all private homeowners insurance bills remain a bit lower.

Soothing the Pain

Two other bills were passed that were intended to help Florida residents – Property Tax Refunds for homes damaged in Hurricanes Ian and Nicole, and a rebate to “frequent users” of Florida’s toll roads for the 2023 year. A frequent user is more than 35 tolls a month – indicating using toll roads for commuting not pleasure drives.

Bottom Line

Florida homeowners will NOT see immediate relief from their high insurance bills. Any impacts of the Insurance bill won’t be felt for 2-3 years at least.

Senator Passidomo and House Speaker Renner have promised to be watching insurers to make sure these changes trickle down. They have committed to holding them accountable.

As Florida residents, let’s keep an eye on the Legislature and hold them accountable, as well.

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.