Preferred Governmental Insurance Trust

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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

2011 Insurance-related Legislation

As of February 10,  2012

Issue Topic Bill Number and Sponsor Status Description
Repeal of a Workers’ Compensation Reporting Requirement SB 140
Bennett
HB 4019
Nelson
2/10/12 – In HOUSE Messages 1/12/12 - Placed on Calendar – on 2nd Reading
Repealing provision relating to the duty of the Department of Financial Services to make an annual report on the administration of ch. 440, F.S., the Workers’ Compensation Law, to specified officials, etc.
Workplace Safety SB 214
Lynn
12/5/11 - Withdrawn
Requiring public employers to submit by a certain date injury and illness data to the Division of Workers’ Compensation in the Department of Financial Services using a specified form; requiring the division to compile data from the reports and make the data available on the department’s website; requiring the employer to retain the reports for 7 years; requiring the division to establish a toll-free telephone number for public employees relating to workplace safety by a certain date; requiring the division to provide certain information on its website by a certain date; requiring all public employers to comply with certain federal Occupation Safety and Health Administration standards by a certain date; revising the annual report submitted by the department to include an analysis and summary on public employers’ work-related injuries and workers’ compensation claims; requiring the report to be provided to public employers and related officials, etc.
Intergovernmental Cooperation HB 231
Horner
1/12/12 -  Placed on Calendar –on 2nd Reading
Authorizes certain parties to interlocal agreement to conduct public meetings & workshops by means of communications media technology; provides notice requirements; provides definition.
Workers' Compensation Certificate-of-exemption Process HB 307
Bernard
2/2/12 – In SENATE  Messages
Redefines term "employee" for purposes of workers' compensation; revises requirements relating to election of exemption from coverage to include applicability to members of limited liability companies; revises requirements for submitting notice of election of exemption; revises duties of DFS relating to expiration of certificates of exemption; expands applicability of requirements relating to certificates of exemption.
Group Insurance for Public Employees SB 366
Gaetz HB 453
Stargel
1/12/12 – Favorable by Budget Subcommittee on Education Pre-K - 12 Appropriations; Now in Budget   12/8/11 – Favorable by State Affairs Committee; Now in Health and Human Services
Requiring that school districts procure certain types of insurance for their officers and employees through interlocal agreements; providing an exception; requiring each school district to enter into an interlocal agreement and establish the School District Insurance Consortium governed by a board of directors; providing for membership and specifying terms of office for board members; requiring the Department of Management Services to provide technical services to the consortium; requiring the consortium to advertise for competitive bids for insurance; requiring that school districts engage in collective bargaining with certified bargaining agents, etc.
Corporation Not-for-Profit Self-Insurance Funds HB 4053
Pafford
10/25/11 - Withdrawn prior to introduction
Deletes requirement that participating member of corporation not for profit self-insurance fund receive at least specified percentage of its revenues from certain governmental sources.
Sovereign Immunity and Health Care HB 385
Gaetz SB 614
Bennett
2/9/12 -   On Committee agenda - Government Operations Appropriations Subcommittee 11/2/11 - Referred to Health Regulation; Judiciary; Budget
Provides legislative findings & intent; provides sovereign immunity to emergency health care providers acting pursuant to obligations imposed by specified statutes; provides exception; provides that emergency health care providers are agents of state & requires them to indemnify state up to specified liability limits; provides for sanctions against emergency health care providers who fail to comply with indemnification obligations.
Joint Use of Public School Facilities HB 431
Nehr
1/30/12 - References to Rulemaking & Regulation Subcommittee, Civil Justice Subcommittee removed; Reference to Judiciary Committee Added; Remaining references Judiciary Committee, Education Committee;  Now in Judiciary Committee
Joint Use of Public School Facilities; Encourages district school board to develop policies to promote public access to outdoor recreation & sports facilities on school property & joint-use agreements; provides duties of DOE; provides for limitation of liability for district school board that allows public access or enters into joint-use agreement except in instances of gross negligence.
Workers Compensation HB 4085
Caldwell
2/2/12 – SENATE – In Messages
Workers' Compensation; Repeals provisions relating to Workers' Compensation Administrator, to abolish position; deletes obsolete transitional requirement for certain policies of Florida Workers' Compensation Joint Underwriting Association.
Local Government Energy Zones SB 640
Bennett
1/12/12 – CS by Budget Subcommittee; Now in Budget
Authorizing a local government to create an energy zone by ordinance; allowing a producer of renewable energy to produce and sell energy within the boundaries of the energy zone; requiring that the producer or new customer of renewable energy be offered an interruptible rate from the utility; authorizing retail sales by any producer of renewable energy within an energy zone; requiring the Public Service Commission to adopt rules to govern sales by producers of renewable energy within the local government energy zone; redefining the term “public utility” to exempt producers and sellers of renewable energy from economic regulation by the Public Service Commission, etc.
Repeal of a Workers' Compensation Independent Actuarial Peer Review Requirement HB 4087
Albritton
2/8/12 – SENATE in Messages
Repeals provision relating to duty of Financial Services Commission to contract for periodic report regarding actuarial peer review & analysis of ratemaking process of any licensed rating organization that makes rate filings for workers' compensation insurance.
Workers’ Compensation HB 789
O’Toole SB 1094
Hays
2/1/12 – Placed on Calendar, on 2nd Reading 1/26/12 – Temporarily postponed by Budget Subcommittee on General Government Appropriations Revises penalties applicable to employers who fail to secure payment of workers' compensation as required.
Public Employees HB 365
Costello, Julien, Fullwood SB 910
Hays, Bennett
2/6/12 – References to Community & Military Affairs Subcommittee, Appropriations Committee removed; Remaining reference State Affairs Committee; Now in State Affairs Committee 2/7/12 - Reference to Community Affairs removed; Reference to Governmental Oversight and Accountability added; Remaining references Governmental Oversight and Accountability, Budget; Now in Governmental Oversight and Accountability
Revises conditions under which certain special risk employees who suffer or have died from specified medical conditions are presumed to have been injured or killed accidentally & in line of duty; revises conditions under which presumption with respect to disability due to any of specified diseases is against occurrence in line of duty for purposes of workers' compensation claims; provides medical conditions or behaviors that are appropriate for consideration in denying or overcoming presumption of accidental disability or death suffered in line of duty for police officers & firefighters; changes evidentiary standard; revises definition of "compensation" or "salary" for purposes of firefighters' & police officers' pensions; authorizes municipality to change municipal representation of board of trustees pursuant to certain requirements; provides duties of board of trustees relating to reporting of expenses & operation under administrative expense budget, etc.
Public Meetings SB 206
Gaetz, Evers
2/9/12 – Placed on Special Order Calendar Requiring that a member of the public be given an opportunity to be heard before a board or commission takes official action on an item of significant interest to the public under certain circumstances; providing exceptions; requiring that a board or commission adopt rules or policies, etc.
Relief Acts of the Legislature HB 1113
Hager
1/9/12 – Referred to Civil Justice Subcommittee; Rules & Calendar Committee; Judiciary Committee;  Now in Civil Justice Subcommittee
Prohibits entity that has sovereign immunity from avoiding payment pursuant to relief act by assigning claim it may have against third party; provides requirements with respect to notice of specified relief acts; provides restrictions with respect to sponsorship of relief act; requires referral of all relief acts to DOAH for review & recommendation by administrative law judge; provides procedures & requirements with respect to such review; prohibits lobbyists from receiving specified contingency fees; provides nonapplicability; provides for alternate submission of relief act to panel of arbitrators; provides procedures, requirements, & limitations with respect to such alternate submission.
Traffic Infraction Detectors SB 1542
Evers
1/17/12 - Referred to Transportation; Judiciary; Budget;
Repealing provisions relating to the installation and use of traffic infraction detectors to enforce specified provisions when a driver fails to stop at a traffic signal; removing provisions that authorize the Department of Highway Safety and Motor Vehicles, a county, or a municipality to use such detectors; repealing provisions relating to transitional implementation and placement and installation of traffic infraction detectors; amending provisions relating to enforcement by such detectors, procedures for disposition of citations, penalties, and distribution of proceeds, etc.
Preferred Worker Program HB 4149
Boyd
2/8/12 – SENATE In Messages Deletes preferred worker program for permanently impaired workers who are unable to return to work.
Insurance Company Excess Profits SB 4169
Davis
2/9//12 – Placed on Calendar; on 2nd Reading
Revises provisions prohibiting insurance companies from realizing excessive profits for writing certain lines of insurance coverage to delete workers' compensation & employer's liability insurance coverages from list of lines for which excessive profits are prohibited.
Workers’ Compensation HB 4181
Caldwell
2/9//12 – Placed on Calendar; on 2nd Reading Deletes definition of term "certified health care provider"; deletes provisions providing for removal of physicians from lists of those authorized to render medical care under certain conditions; conforms provisions to changes made by act.