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II. AUTO

Motor Vehicle Insurance/ PIP Repeal Measure

SB 156 (Brandes);1766 (Lee, T); HB 461 (Hager); HB 1063 (Grall)

HB 1063 by Representative Grall has emerged as the main House vehicle for the PIP repeal initiative; none of the other bills in the House have moved.

The bill was reported favorably as a committee substitute out of the Insurance and Banking Subcommittee with a vote of 12 to 2. The bill repeals existing PIP law and requires 25/50 bodily injury coverage and does not require any MedPay coverage and also contains no bad faith limitations.

The Senate plans to hear SB 1766 by Senator Tom Lee on April 3 in the Banking and Insurance Committee. While this bill also repeals the requirement to carry minimum PIP benefits, the bills are not identical, as SB 1766 contains a medical payments component of $5,000. A linked bill includes a public records exemption for medical payment information held by the Department of Highway Safety and Motor Vehicles.

Unfair Insurance Trade Practices/ Rebate Bill

SB 1032 (Mayfield); HB 1029 (Yarborough)

SB 1032 and HB 1029 amend statute to permit an insurer or its agent to give certain promotional items to insureds, prospective insureds, and others for the purpose of conducting a promotional or advertising program. The bills limit the value of promotional items and prohibit items exceeding $100 in total value from being given. Further, the bills prohibit an insurer or its agent from giving an aggregate total value exceeding $100 in a single calendar year to a single individual. Previously the value was capped at $25 and limited to insurer or agent logo items only.

HB 1029 was passed unanimously by the House Insurance and Banking Subcommittee on March 27 and is now in its final committee of reference, House Commerce Committee. The Senate bill is scheduled to be heard on April 3 by the Senate Banking and Insurance Committee.

SB 420 and HB 813 mandate that the Florida Commission on Hurricane Loss Prevention Methodology to revise hurricane loss prevention models every four years. The House and Senate bills differ in two respects. One, the House bill requires a surplus lines insurer to be rated by A.M. Best in order to be eligible to write flood policies without a diligent effort and the Senate bill requires a rating from any rating agency acceptable to the OIR. Two, the House bill allows flood insurance policies to be exported to the surplus lines market without a diligent effort only until July 1, 2025 and the Senate bill allows this for an indefinite period.

The bills require an agent placing a policyholder with a private flood insurer to get a signed disclosure from the insured 20 days before the expiration of the Federal Flood Insurance policy explaining that if the consumer tries to go back to the Federal Flood Program, they may be subjected to significantly higher rates. We are working to switch this time frame to 20 days after the expiration of the policy.

The Senate bill is scheduled for a hearing on April 3 by Senate Community Affairs, its second of three committee stops. The House bill was approved by Insurance and Banking and moves next to the Commerce Committee.

Workers’ Compensation

SB 1582 (Bradley); HB 7085 (Insurance & Banking Subcommittee)

HB 7085 addresses the recent decisions declaring some components of Florida’s Workers Compensation law unconstitutional. The bill would permit direct payments of attorneys by or on behalf of claimants and increases the total combined temporary wage replacement benefits (TTD/TPD) from 104 weeks to 260 weeks. It also allows a Judge of Compensation Claims (JCC) to award an hourly fee that departs from the statutory percentage based attorney fee schedule under certain situations. Among several other components, HB 7085 also permits insurers to uniformly reduce premiums by no more than 5% if they file an informational-only notice within 30 days. Insurance industry representatives believe that the ability of a judge to award additional attorneys’ fees makes this bill less than ideal, and likely means that litigation will continue to expand causing rates to increase.

SB 1582 seeks to stabilize worker’s compensation rates paid by Florida Businesses. The bill requires insurance carriers to authorize or decline requests for authorization from health care providers within a three-day period and provides that a request is deemed to be authorized if the carrier fails to respond. Like the House bill, the Senate bill increases the temporary partial disability benefits from 104 weeks to 260 weeks, in compliance with the Florida Supreme Court’s decision in Westphal v. City of St. Petersburg. SB 1582 retains the statutory fee schedule for setting claimant attorney’s fees but allows the JCC to consider certain factors and permit deviation from the schedule.

The House bill was scheduled to be heard by the Commerce Committee on March 29, but was removed from the agenda at the last minute; it has not been rescheduled at this point. The Senate bill was filed on March 14 and is scheduled for its first hearing on April 3 by the Senate Banking and Insurance Committee.

 

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