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Legislative Pulse

Preferred Legislative Pulse

The Trust takes an active role in monitoring changes that may occur at the State and Federal governmental levels which could potentially affect the quality and/or quantity of your insurance coverages.

As an added service to the membership, legislative summaries of insurance related issues are available for review. The summaries are prepared by the Trust's legislative liaison, the Pennington Law Firm, located in Tallahassee, Florida

Insurance-related Legislation

As of May 8, 2017

Issue Topic Bill Number and Sponsor Status Description
Relief of "Survivor" and the Estate of "Victim" by the Department of Children and Families SB 18
Flores
HOUSE -4/26/17 - Read Third Time; Passed (Vote: 114 Yeas / 2 Nays) SENATE - Ordered enrolled SENATE - Enrolled Text(ER) Filed
Providing for the relief of "Survivor" and the Estate of "Victim"; providing an appropriation to compensate Survivor and the Estate of Victim for injuries and damages sustained as result of the negligence of the Department of Children and Families, formerly known as the Department of Children and Family Services, etc. CLAIM WITH APPROPRIATION: $3,750,000.00 Effective Date: Upon becoming a law
Relief/"Survivor" & Estate of "Victim"/DCF HB 6523
Diaz, J
HOUSE - 4/25/17 - Read Second Time; Substituted for SB 0018; Laid on Table, Refer to SB 0018
Provides appropriation to compensate Survivor & Estate of Victim for injuries & damages sustained as result of negligence of DCF; provides limitation on payment of compensation, fees, & costs. Effective Date: upon becoming a law
Claims SB 20
Bill Galvano
SENATE - 12/8/16 - Referred to Special Master on Claim Bills; Judiciary; Community Affairs; Rules
Relief of Ramiro Companioni by the City of Tampa; Providing for the relief of Ramiro Companioni by the City of Tampa; providing for an appropriation to compensate Mr. Companioni for injuries sustained as a result of the negligence of an employee of the City of Tampa, etc. CLAIM: Indeterminate Effective Date: Upon becoming a law
Claims HB 6551
Santiago
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Relief/Ramiro Companioni/City of Tampa: Provides appropriation from City of Tampa to compensate Ramiro Companioni for injuries sustained as result of negligence of city employee; provides limitation on payment of compensation, fees, & costs. Effective Date: upon becoming a law
Claims SB 26
Greg Steube
SENATE - 12/8/16 - Referred to Special Master on Claim Bills; Judiciary; Community Affairs; Rules
Relief of Thomas and Karen Brandi by Haines City; Providing for the relief of Thomas and Karen Brandi by Haines City; providing an appropriation to compensate them for injuries and damages sustained as a result of the negligence of an employee of Haines City, etc. CLAIM: $825,094.00 Effective Date: Upon becoming a law
Claims HB 6555
Grant
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Relief/Thomas and Karen Brandi/Haines City: Provides appropriation from Haines City to compensate Thomas & Karen Brandi for injuries & damages sustained as result of negligence of city employee; provides limitation on payment of fees & costs. Effective Date: upon becoming a law
Claims SB 28
Simmons
SENATE -5/3/17 - Read Second Time; Substituted for HB 6501; Laid on Table, Refer to HB 6501
Relief of J.D.S. by the Agency for Persons with Disabilities; Providing for the relief of J.D.S.; providing an appropriation from the General Revenue Fund to compensate J.D.S. for injuries and damages sustained as a result of the negligence of the Agency for Persons with Disabilities, as successor agency of the Department of Children and Family Services; providing that certain payments and the appropriation satisfy all present and future claims related to the negligent act, etc. CLAIM WITH APPROPRIATION: $950,000.00 Effective Date: Upon becoming a law
Claims HB 6501
Plakon, Antone
SENATE - 5/5/17 - Read Third Time; Passed (Vote: 37 Yeas / 1 Nay) HOUSE - Ordered enrolled HOUSE - Enrolled Text (ER) Filed
Relief/J.D.S./Agency for Persons with Disabilities: Provides for appropriation to compensate J.D.S. for injuries & damages sustained as result of negligence of Agency for Persons with Disabilities, as successor agency of DCFS; provides limitation on payment of fees & costs. Effective Date: upon becoming a law
Relief of L.T. by the State of Florida SB 38
Benacquisto
SENATE - 4/27/17 - Read Second Time; Substituted for HB 6511; Laid on Table, Refer to HB 6511
Providing an appropriation to compensate L.T. for injuries and damages sustained as a result of the negligence of employees of the Department of Children and Families, formerly known as the Department of Children and Family Services, etc. CLAIM WITH APPROPRIATION: $800,000.00 Effective Date: Upon becoming a law
Relief/L.T./Department of Children and Families HB 6511
Miller
SENATE - 4/28/17 - Read Third Time; Passed (Vote: 37 Yeas / 0 Nays) HOUSE - Ordered enrolled HOUSE - Enrolled Text (ER) Filed
Provides appropriation to compensate L.T. for injuries & damages sustained as result of negligence of employees of DCF; provides legislative intent re: certain Medicaid liens; provides limitation on payment of fees & costs. Effective Date: upon becoming a law
Relief of Wendy Smith and Dennis Darling, Sr. by the State of Florida SB 48
Braynon
SENATE - 5/1/17 - Read Second Time; Substituted for HB 6515; Laid on Table, Refer to HB 6515
Providing for the relief of Wendy Smith and Dennis Darling, Sr., parents of Devaughn Darling, deceased; providing an appropriation from the General Revenue Fund to compensate the parents for the loss of their son, Devaughn Darling, whose death occurred while he was engaged in football preseason training on the Florida State University campus, etc. CLAIM WITH APPROPRIATION: $1,800,000.00 Effective Date: Upon becoming a law
Relief/Wendy Smith and Dennis Darling, Sr./State of Florida HB 6515
Jones
SENATE - 5/2/17 - Read Third Time; Passed (Vote: 34 Yeas / 2 Nays) HOUSE - Ordered enrolled HOUSE - Enrolled Text (ER) Filed
Provides appropriation to compensate Wendy Smith & Dennis Darling, Sr., for death of son Devaughn Darling during preseason training on FSU campus; provides limitation on payment of fees & costs. Effective Date: upon becoming a law
Relief of Eddie Weekley and Charlotte Williams by the Agency for Persons with Disabilities SB 50
Gibson
SENATE - 5/2/17 - Read Second Time; Substituted for HB 6539; Laid on Table, Refer to HB 6539
Providing for the relief of Eddie Weekley and Charlotte Williams, individually and as co-personal representatives of the Estate of Franklin Weekley, their deceased son, for the disappearance and death of their son while he was in the care of the Marianna Sunland Center, currently operated by the Agency for Persons with Disabilities; providing an appropriation to compensate them for the disappearance and death of Franklin Weekley, which were due to the negligence of the Department of Children and Families, etc. CLAIM WITH APPROPRIATION: $1,000,000.00 Effective Date: Upon becoming a law
Relief/Eddie Weekley and Charlotte Williams/Agency for Persons with Disabilities HB 6539
Byrd
SENATE - 5/3/17 - Read Third Time; Passed (Vote: 35 Yeas / 1 Nay) HOUSE - Ordered enrolled HOUSE - Enrolled Text (ER) Filed
Provides appropriation from Agency for Persons with Disabilities to compensate Eddie Weekley & Charlotte Williams for disappearance & death of son Franklin Weekley due to negligence of DCF; provides limitation on payment of fees & costs. Effective Date: upon becoming a law
Claims SB 54
Grimsley
SENATE - 12/8/16 - Referred to Special Master on Claim Bills; Judiciary; Community Affairs; Rules
Relief of Marcus Button by the Pasco County School Board; Providing for the relief of Marcus Button by the Pasco County School Board; providing an appropriation to compensate Marcus Button for injuries sustained as a result of the negligence of an employee of the Pasco County School Board; providing an appropriation to compensate Mark and Robin Button, as parents and natural guardians of Marcus Button, for injuries and damages sustained by Marcus Button, etc. CLAIM: $1,246,215.00 Effective Date: Upon becoming a law
General - Public Records SB 80
Steube
SENATE - 4/25/17 - Ordered enrolled SENATE - Enrolled Text (ER) Filed
Public Records; Requiring a complainant to timely provide certain written notice in order to be entitled to attorney fees in certain civil actions for enforcement of ch. 119, F.S., etc. Effective Date: 7/1/2017
Firefighters SB 143
Fitzenhagen Willhite
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Defines "firefighter"; establishes presumption as to firefighter's condition or impairment of health caused by certain types of cancer he or she contracts in line of duty; specifies criteria firefighter must meet to be entitled to presumption; requires employing agency to provide physical examination for firefighter; specifies circumstances under which presumption does not apply; provides for applicability; requires Legislature to review specified cancer research programs by certain date; provides for employer contribution rate increase to fund changes made by act; provides directive to Division of Law Revision & Information; provides declaration of important state interest. Effective Date: July 1, 2017
Firefighters SB 158
Latvala (J)
SENATE - 1/24/17 - Favorable by Governmental Oversight and Accountability; 7 Yeas, 0 Nays SENATE - Now in Community Affairs
Establishing a presumption as to a firefighter's condition or impairment of health caused by certain types of cancer he or she contracts in the line of duty, etc. Effective Date: 7/1/2017
Public Records HB 163
Burgess
HOUSE - 4/19/17 - Read Second Time; Substituted for SB 0080; Laid on Table, Refer to SB 0080
Revises circumstances under which a court must assess & award reasonable costs of enforcement against an agency in a civil action to enforce ch. 119, F.S.; prohibits court from assessing & awarding reasonable costs of enforcement against an agency if certain conditions exist; specifies circumstances under which a complainant is not required to provide certain written notice of public record request. Effective Date: upon becoming a law
Public Records SB 246
Garcia
SENATE - 1/12/17 - Referred to Governmental Oversight and Accountability; Community Affairs; Judiciary; Rules
Revising the circumstances under which a court must assess and award the reasonable costs of enforcement against an agency in a civil action to enforce ch. 119, F.S.; prohibiting a court from assessing and awarding the reasonable costs of enforcement against an agency if certain conditions exist; specifying circumstances under which a complainant is not required to provide certain written notice of a public records request, etc. Effective Date: Upon becoming a law
Claims SB 288
Thurston, Jr.
SENATE - 01/25/17 - Referred to Special Master on Claim Bills; Judiciary; Appropriations Subcommittee on General Government; Appropriations
Relief of the Justice-2-Jesus Charitable Trust by the State of Florida; Providing for the relief of the Justice-2-Jesus Charitable Trust; providing an appropriation to compensate the trust for injuries and damages sustained as a result of the negligence and inaction of state government; providing a limitation on the payment of compensation, fees, and costs, etc. CLAIM WITH APPROPRIATION: $240,000.00 Effective Date: Upon becoming a law
Claims HB 6547
Drake
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Provides appropriation from State of Florida to compensate Justice-2-Jesus Charitable Trust for injuries & damages sustained as result of negligence & inaction of state government; provides limitations on payment of compensation, fees, & costs. Effective Date: upon becoming a law
Claims SB 300
Torres, Jr.
SENATE - 3/28/17 - Now in Community Affairs
Relief of Robert Allan Smith by Orange County; Providing for the relief of Robert Allan Smith by Orange County; providing for an appropriation to compensate him for injuries sustained as a result of the negligence of an employee of Orange County, etc. CLAIM: $2,813,536.00 Effective Date: Upon becoming a law
Relief of Robert Allan Smith by Orange County HB 6509
Torres, Jr.
SENATE - 4/5/17 - Referred to Judiciary; Community Affairs; Rules
Providing for the relief of Robert Allan Smith by Orange County; providing for an appropriation to compensate him for injuries sustained as a result of the negligence of an employee of Orange County, etc. CLAIM: $2,813,536.00 Effective Date: Upon becoming a law
Claims SB 304
Thurston, Jr.
SENATE - 4/28/17 - Read Second Time; Substituted for HB 6549; Laid on Table, Refer to HB 6549
Relief of Dustin Reinhardt by the Palm Beach County School Board ; Providing for the relief of Dustin Reinhardt by the Palm Beach County School Board; providing for an appropriation and annuity to compensate him for injuries sustained as a result of the negligence of employees of the Palm Beach County School District; providing that certain payments and the amount awarded under the act satisfy all present and future claims related to the negligent act; providing a limitation on the payment of compensation, fees, and costs, etc. CLAIM: $4,700,000.00 Effective Date: Upon becoming a law
Relief/Dustin Reinhardt/Palm Beach County School Board HB 6531
Drake
SENATE - 4/29/17 - Received; Referred to Rules
Provides appropriation & annuity from Palm Beach County School Board to compensate Dustin Reinhardt for injuries sustained as result of negligence of school district employees; provides limitation on payment of compensation, fees, & costs. Effective Date: upon becoming a law
Law Enforcement Body Cameras SB 305
Harrison
5/4/17 - Signed by Officers and presented to Governor (Governor must act on this bill by 05/11/17)
Requires law enforcement agencies to develop guidelines authorizing an officer's review of camera footage of an incident before writing report or providing statement. Effective Date: July 1, 2017
Ethics SB 306
Clemens (J)
SENATE - 1/9/17 - Filed; SENATE - 01/25/17 - Referred to Ethics and Elections; Governmental Oversight and Accountability; Community Affairs; Rules
Prohibiting a public officer from voting on a matter that would inure to any gain or loss, rather than a special private gain or loss, of the officer, or a principal, relative, or business associate of the officer; providing an exception to the abstention requirement under certain circumstances; prohibiting an appointed public officer from participating in any matter that would inure to any gain or loss, rather than a special private gain or loss, of the officer, or a principal, relative, or business associate of the officer, without certain disclosure, etc. Effective Date: 7/1/2017
Claims SB 314
Farmer
SENATE - 4/28/17 - Read Second Time; Substituted for HB 6545; Laid on Table, Refer to HB 6545
Relief of Jerry Cunningham by Broward County; Providing for the relief of Jerry Cunningham by Broward County; providing for an appropriation to compensate him for injuries sustained as a result of the negligence of Broward County, etc. CLAIM: Indeterminate Effective Date: Upon becoming a law
Relief/Jerry Cunningham/Broward County HB 6545
Raburn
SENATE - 5/1/17 - Read Third Time; Passed (Vote: 36 Yeas / 1 Nay) HOUSE Ordered enrolled HOUSE Enrolled Text (ER) Filed
Provides appropriation from Broward County to compensate Jerry Cunningham for injuries sustained as result of negligence of Broward County; provides that appropriation settles all present & future claims; provides limitation on payment of compensation, fees, & costs. Effective Date: upon becoming a law
Claims SB 316
Rodriguez (J)
SENATE - 1/9/17 - Filed; SENATE - 01/25/17 - Referred to Special Master on Claim Bills; Judiciary; Appropriations Subcommittee on Health and Human Services; Appropriations
Providing for the relief Vonshelle Brothers, individually, and as the natural parent and legal guardian of Iyonna Hughey; providing an appropriation to compensate her and her daughter for injuries and damages sustained as a result of the alleged negligence of the Brevard County Health Department, an agency of the Department of Health; providing that certain payments and the appropriation satisfy all present and future claims related to the alleged negligent acts; providing a limitation on the payment of compensation, fees, and costs, etc. CLAIM WITH APPROPRIATION: $3,000,000.00 Effective Date: Upon becoming a law
Relief/Vonshelle Brothers/Department of Health HB 6535
Jenne
HOUSE - 4/26/17 - Read Third Time; Passed (Vote: 114 Yeas / 4 Nays) SENATE - In Messages SENATE - Received; Referred to Appropriations
Provides appropriation from DOH to compensate Vonshelle Brothers & daughter Iyonna Hughey for injuries & damages sustained as result of negligence of Brevard County Health Department; provides limitation on payment of compensation, fees, & costs. Effective Date: upon becoming a law
Public Records HB 331
Mclain
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Requires that requests to inspect or copy records in the custody of a law enforcement agency be made to a certain individual. Effective Date: July 1, 2017
Prejudgment Interest SB 334
Steube
SENATE - 3/31/17 - Committee Substitute Text (C2) Filed SENATE - Placed on Calendar, on 2nd reading
Requiring a court to include interest in a final judgment in an action from which a plaintiff recovers economic or noneconomic damages; requiring a court to include interest on attorney fees and costs in the final judgment, if recovered, etc. Effective Date: 7/1/2017
Law Enforcement Officer Body Cameras HB 405
Newton
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Specifies minimum retention period for law enforcement officer body camera data. Effective Date: July 1, 2017
Public Housing Authority Insurance HB 421
Shaw
SENATE -5/3/17 - Read Third Time; Passed (Vote: 36 Yeas / 0 Nays) SENATE - Ordered enrolled SENATE - Enrolled Text (ER) Filed
Permitting legal entity in which housing authority holds an ownership interest or participates in its governance to participate in public housing authorities self-insurance funds. Effective Date: July 1, 2017
Prejudgement Interest HB 469
Harrison
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Requires court to include interest in final judgment in action from which plaintiff recovers economic or noneconomic damages; specifies dates from which interest accrues; requires interest on attorney fees & costs, if recovered; specifies rate; provides applicability. Effective Date: July 1, 2017
Government Accountability HB 479
Metz
SENATE - 4/5/17 - Referred to Community Affairs; Appropriations; Rules
Requires Governor & Commissioner of Education, or their designee, to notify the Legislative Auditing Committee of entity's failure to comply with certain auditing and financial reporting requirements; excludes water management districts from certain audit requirements; revises reporting requirements applicable to the Florida Clerks of Court Operations Corporation; revises certain lodging rates for the purpose of reimbursement to specified employees; revises responsibilities of specified entities to include the establishment & maintenance of certain internal controls; revises auditing protocols for certain agencies, councils, & state schools; requires counties, & municipalities to maintain certain budget documents on entities' websites for specified period; provides annual financial audit requirements for the Florida Virtual School. Effective Date: July 1, 2017
Law Enforcement Body Cameras HB 513
Jacquet
HOUSE - 5/5/17 - Indefinitely postponed and withdrawn from consideration
Requires that law enforcement agencies with officers who engage in routine traffic stops require officers engaging in such stops to wear & use body cameras on or before specified date. Effective Date: July 1, 2017
Workers' Compensation Benefits for First Responders HB 516
Perry
SENATE - 2/9/17 - Referred to Banking and Insurance; Appropriations Subcommittee on General Government; Appropriations; Rules
Deleting provisions that limit certain workers' compensation benefits for first responders; providing that mental or nervous injuries of law enforcement officers, firefighters, emergency medical technicians, or paramedics are compensable under the Workers' Compensation Law under specified conditions, etc. Effective Date: 7/1/2017
Public Housing Authority Insurance SB 850
Rouson
SENATE - 5/2/17 - Read Second Time; Substituted for HB 0421; Laid on Table, Refer to HB 0421
Authorizing a certain legal entity in which a public housing authority holds an ownership interest or participates in its governance to form a specified self-insurance fund with other such entities or public housing authorities, etc. Effective Date: 7/1/2017
Government Accountability SB 880
Stargel
SENATE - 4/27/17 - Committee Substitute Text (C2) Filed
Specifying that the Governor, the Commissioner of Education, or the designee of the Governor or of the commissioner may notify the Legislative Auditing Committee of an entity's failure to comply with certain auditing and financial reporting requirements; authorizing the Auditor General to conduct audits of tourist development councils and county tourism promotion agencies; requiring counties and municipalities to maintain certain budget documents on the entities' websites for a specified period, etc. Effective Date: 7/1/2017
Public Records/Injured or Deceased Employee/Department of Financial Services SB 1008
Perry
SENATE - 5/1/17 - Read Second Time; Substituted for HB 1107; Laid on Table, Refer to HB 1107
Providing an exemption from public records requirements for the personal identifying information of an injured or deceased employee which is contained in certain notices or reports filed with the Division of Workers' Compensation of the Department of Financial Services; authorizing the division to disclose such information under certain circumstances; providing for future review and repeal of the exemption; providing a statement of public necessity, etc. Effective Date: 7/1/2017
Investigative and Forensic Services SB 1012
Brandes
SENATE - 5/5/17 - Read Second Time; Substituted for HB 1007; Laid on Table, Refer to HB 1007
Deleting the Justice Administrative Commission from a list of entities whose unencumbered or undisbursed funds appropriated from the Workers' Compensation Administration Trust Fund must be reverted to the trust fund at specified intervals; requiring insurers to designate primary anti-fraud employees; creating the Insurance Fraud Dedicated Prosecutor Program, etc. Effective Date: 7/1/2017
Workers' Compensation for First Responders SB 1088
Torres, Jr.
SENATE - 4/18/17 - Now in Appropriations Subcommittee on General Government
Revising the standard by which a mental or nervous injury involving a first responder must be demonstrated for purposes of determining eligibility for benefits for employment-related accidents and injuries; removing the limitation that only medical benefits are payable for a mental or nervous injury unaccompanied by a physical injury, etc. Effective Date: 7/1/2017
Pub. Rec./Workers' Compensation HB 1107
Albritton
HOUSE - 5/3/17 - Received from Messages; Concurred with Amendment (127786); Passed (Vote: 119 Yeas / 0 Nays) HOUSE - Ordered engrossed, then enrolled HOUSE - Engrossed Text (E2) Filed HOUSE - Enrolled Text (ER) Filed
Provides exemption from public records requirements for personal identifying information of injured or deceased employees contained in certain notices or reports filed with DFS; authorizes division to disclose such information under specified circumstances; provides for future review & repeal of exemption; provides statement of public necessity. Effective Date: July 1, 2017
Workers' Compensation Insurance SB 1582
Bradley
SENATE - 5/5/17 - Read Second Time; Substituted for HB 7085; Laid on Table, Refer to HB 7085
Requiring carriers to authorize or decline, rather than respond to, certain requests for authorization within a specified time; revising conditions under which the Office of the Judges of Compensation Claims must dismiss petitions for benefits; adding prospective loss costs to a list of reviewable matters in certain proceedings by appellate courts; requiring copies of prospective loss costs to be filed with the Office of Insurance Regulation, etc. Effective Date: 7/1/2017
Workers' Compensation HB 7085
Insurance & Banking Subcommittee; Burgess
SENATE - 5/5/17 - Withdrawn from Rules; Placed on Calendar, on 2nd reading; Substituted for SB 1582; Read Second Time; Amendments Adopted (473190, 655850); Read Third Time; Passed (Vote: 21 Yeas / 16 Nays) HOUSE - In returning messages HOUSE - Received from Messages; Amendments Adopted (912973); Concurred with Amendment as Amended (473190); Passed (Vote: 76 Yeas / 43 Nays) SENATE - In returning messages
Requires Governor, or CFO in certain circumstances, to appoint member to fill vacancy on panel that establishes workers' compensation schedules within specified timeframe; requires panel to annually adopt statewide schedules of maximum reimbursement allowances; extends timeframes in which employees may receive certain workers' compensation benefits & in which carrier must notify treating doctor of certain requirements; revises provisions relating to retainer agreements & awarding attorney fees. Effective Date: July 1, 2017