Special Session 2007C: Day Two

On the second day of Florida’s 2007 Legislative Special Session C, both the House and Senate took up insurance-related bills in Committee. 

Below is a summary of the activities and actions that occurred during the meetings.

House Jobs and Entrepreneurship Council

House Bills 13C and 15C, both sponsored by Representative Ellyn Bogdanoff (R-Ft. Lauderdale) proceeded to the House Jobs & Entrepreneurship Council, which was the second Committee of reference during this Session for both bills.

Representative Bogdanoff offered amendments to HB 13C, which is considered to be a re-enactment of Florida’s Motor Vehicle No-Fault law.  The amendments were described as Senate compromises that she discussed in yesterday’s House Insurance Committee. 

The amendments passed 10 – 3 with limited discussion, however, Representative Bogdanoff also withdrew amendments, one of which would have extended the implementation date of the bill to February 15, 2008. 

Citing “mixed messages” from the Florida Office of Insurance Regulation, she indicated more time was needed to work through issues. 

Council Chairman Ron Reagan (R- Sarasota) and Representative David Simmons (R- Altamonte Springs) submitted two amendments relating to attorney fee reform in lawsuits involving personal injury protection (“PIP”) benefits.  The first amendment explicitly states that a contingency fee risk multiplier is not to be considered when determining attorney fee awards.  The second amendment limits the total amount of attorneys’ fees that may be awarded in a PIP lawsuit to the greater of $10,000.00 or three times the amount of benefits secured.  Following extensive questions, debate and public testimony, both amendments passed 9 – 5.  Following the adoption of the amendments, the bill passed the committee 10 – 3 (Representative Jennifer Carroll did not vote).

HB 13C is scheduled to be heard by the full House of Representatives, which is scheduled to begin tomorrow at 9:00 a.m. 

The Council also passed HB 15C, relating to public records exemptions.   Non-controversial, HB 15C passed unanimously and is tied to HB 13C.

 

Senate Banking and Insurance Committee

The Senate Banking and Insurance Committee met today and took up Senate Bill 40 C by Senator Bill Posey (R- Rockledge) regarding the re-enactment of Florida’s Motor Vehicle No-Fault law.

Senator Posey offered several conforming amendments that passed without much discussion.  A long dialogue took place relating to the implementation date, however no language was adopted and the sponsor determined the issue needed further review.  One of Senator Posey’s amendments was adopted to reinstate the existing law providing for insurance companies to offer deductibles on No-Fault insurance.

Senator Al Lawson (D-Tallahassee) offered an amendment to provide funding for $2 million in non-recurring revenue for fraud investigators.  There was a significant amount of time dedicated to the debate on this issue; however amidst controversy, he ultimately withdrew the amendment as a result of a commitment from the Senator Posey that future funding would be sought. 

Senator J.D. Alexander (R- Lake Wales) offered an amendment to implement a sunset of HB 40C for June 1, 2008.  Stating that the sunset of the No-Fault statutes is what ultimately precipitated negotiations from interested parties, Senator Alexander also indicated that significant reforms that need to occur and that this provision would keep the all parties working towards stronger reform.  The amendment was discussed thoroughly, but ultimately withdrawn.

Senate Bill 40C, considered to be similar to HB 13C, passed the Banking and Insurance committee unanimously.  

Also, Senate Bill 42C relating to public records exemptions for No-Fault laws and similar to HB 15C passed unanimously with limited discussion.

The Florida Senate is scheduled to reconvene on October 5, 2007 at 9:00 a.m. and Senate Bill 40C is the third bill on the Special Order Calendar.

To view the Senate Block Calendar for October 5, click here.

To view the House Block Calendar for October 5, click here.

We will continue to provide you with updates as new developments occur. 

Should you have any questions or comments, please do not hesitate to contact this office.