State of Florida End of Session (2012)

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1 House Bill 511 (Hudson) An Act Relating to Workers Compensation: Summary: Authorizes authorized physician who is also dispensing physician to dispense & fill prescriptions; prohibits DFS, employer, or carrier from selecting pharmacy, pharmacist, or dispensing practitioner claimant must use in certain circumstances; revises requirements for determining amount of reimbursement for repackaged or relabeled prescription medication; provides limitations. Position: SUPPORT Final Status: Died on Second Reading Calendar on Friday, March 9, Companion Bill to HB 511: Senate Bill 668 (Hays) An Act Relating to Workers Compensation Medical Services Summary: Revising requirements for determining the amount of a reimbursement for repackaged or relabeled prescription medication; providing limitations, etc. Position: SUPPORTED original version; amended version weaker. Final Status: Died in Budget on Friday, March 9, House Bill 307 (Bernard and Davis) An Act Relating to the Workers Compensation Certificate-of Exemption Process Summary: 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. Position: SUPPORT Final Status: Died in retuming Messages on Friday, March 9, Identical Bill to HB 307: Senate Bill 676 (Smith) An Act Relating to the Workers Compensation Certificate-if-Exemption Process. Summary: Revising requirements relating to election of exemption from coverage to include applicability to members of limited liability companies; revising requirements for submitting a notice of election of exemption; revising duties of the Department of Financial Services relating to the expiration of certificates of exemption; expanding applicability of requirements relating to certificates of exemption, etc. Final Status: Laid on the Table, refer to HB 307 (Senate Journal1066) on Thursday, March 8, 2012.

2 Compare Bill to HB 307: CS (Committee Substitute)/House Bill 941 (Holder and Bernard) An Act Relating to Insurance Summary: Revises requirements for submitting notice of election of exemption; revises duties of DFS relating to expiration of certificates of exemption; exempts certain limited liability companies from penalties for failure to secure payment of workers compensation; authorizes OIR to expend funds for professional development of its employees; removes workers compensation & employer s liability insurance from those types of insurance that must report & refund excess profits; provides that transfer of policy to certain other insurers is considered renewal of policy rather than cancellation or nonrenewal; exempts certain insurers from performing onsite premium audits for workers compensation insurance, etc. Final Status: Ordered engrossed, then enrolled on Friday, March 9, Compare Bill to HB 307: House Bill 5505 (Hooper) An Act Relating to the Department if Financial Services Summary: Redefines term employee for purposes of workers compensation; 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; repeals provision relating to duty of DFS to make annual report on administration of ch. 440, F.S., Workers Compensation Law, to specified officials. Final Status: Ordered enrolled on Friday, March 9, 2012 House Bill 4169 (Davis and Bemard) An Act Relating to Insurance Compa;ry Excess Profits Summary: Revises provisions prohibiting insurance companies from realizing excessive profits for writing certain lines of insurance coverage to delete workers compensation & employer s liability insurance coverage from list of lines for which excessive profits are prohibited. Position: OPPOSED Final Status: Died in Messages (Senate) on Friday, March 9, Compare Bill to HB 4169: CS/House Bill 941 (Holder and Bernard) An Act Relating to Insurance Summary: Revises requirements for submitting notice of election of exemption; revises duties of DFS relating to expiration of certificates of exemption; exempts certain limited liability companies from penalties for failure to secure payment of workers compensation; authorizes OIR to expend funds for professional development of its employees; removes workers compensation & employer s liability insurance from those types of insurance that must report & refund excess profits; provides that transfer of policy to certain other insurers is considered renewal of policy rather

3 than cancellation or nonrenewal; exempts certain insurers from performing onsite premium audits for workers compensation insurance, etc. Final Status: Ordered engrossed, then enrolled on Friday, March 9, House Bi11365 (Costello and Julien) An Act Relating to Public Retirement Plans Summary: Revises provisions relating to benefits paid from premium tax by municipality or special fire control district that has its own pension plan for firefighters; provides for retroactive application; revises definition of term compensation or salary for purposes of police officers pensions; revises provisions relating to benefits paid by municipality that has its own pension plan for police officers; provides for retroactive application; provides declaration of important state interest. Position: OPPOSE Final Status: Died in State Affairs Committee on Friday, March 9, Similar Bill to HB 365: CS/Senate Bi11910 (Hays) An Act Relating to Public Retirement Plans Summary: Revising provisions relating to benefits paid from the premium tax by a municipality or special fire control district that has its own pension plan; providing for retroactive application; revising the definition of the term compensation or salary for purposes of police officers pensions; revising provisions relating to benefits paid by a municipality that has its own pension plan, etc. Position: OPPOSE Final Status: Died in Govemmental Oversight and Accountability on Friday, March 9, (No votes) Compare Bill to SB 910: CS/Senate Bi112088: (By the Committees on Governmental Oversight and Accountability) An Act Relating to Public Retirement Plans Summary: Revising provisions relating to benefits paid from the premium tax by a municipality or special fire control district that has its own pension plan; providing for retroactive application; revising the definition of the term compensation or salary for purposes of police officers pensions; revising provisions relating to benefits paid by a municipality that has its own pension plan, etc. Final Status: Died in Community Affairs on Friday, March 9, 2012.

4 Senate Bill 1604 (Fasano) An Act Relating to the Presmption Drug Monitoring Program Summary: Providing that when a controlled substance listed as a Schedule II substance is dispensed or released, in addition to other identification procedures, a fingerprint may be collected; providing exceptions, etc. Position: MONITORED Final Status: Died in Health Regulation on Friday, March 9, Identical Bill to SB 1604: House Bill 1167 (Williams, T.) An Act Relating to the Presmption Drug Monitoring Program Summary: Provides that when controlled substance listed as Schedule II substance is dispensed or released, in addition to other identification procedures, fingerprint may be collected; provides exceptions. Final Status: Died in Health & Human Services Quality Subcommittee on Friday, March 9, 2012 CS/ CS/House Bill 119 (Boyd) An Act Relating to Motor Vehicle If!!ury Protection Insurance Summary: Revises conditions for completing long-form traffic crash report; provides that certain entities exempt from licensure as health care clinic must nonetheless be licensed in order to receive reimbursement for provision of PIP benefits; requires that application for licensure, or exemption from licensure, as health care clinic include statement regarding insurance fraud; specifies additional unfair claim setdement practice; authorizes Division of Insurance Fraud of DFS to establish direct-support organization for purpose of prosecuting, investigating, & preventing motor vehicle insurance fraud; specifies effects of Florida Motor Vehicle No-Fault Law, etc. Position: OPPOSED original version, but bill was amended to allow for 14 days from 72 hours for emergency coverage. Final Status: Ordered enrolled on Friday, March 9, House Bill 523 (Workman) An Act Relating to Motor Vehicle Personal I1!fury Protection Insurance Summary: Revises criteria relating to whether motor vehicle crash report must be submitted to DHSMV by investigating law enforcement officer; provides penalty; revises requirements relating to content of crash reports; authorizes investigating officer to testify at trial or provide affidavit concerning information in crash report; increases reinstatement fees after licensure suspension for not having insurance; requires application for licensure as clinic to include statement regarding insurance fraud; imposes licensing fee for health care clinics authorized to submit claims for payment under personal injury protection insurance policies; directs portion of revenue derived from licensing fees to operation of Automobile Insurance Fraud Strike Force; authorizes Division of Insurance Fraud to establish direct-support organization for purpose of prosecuting, investigating, & preventing motor vehicle insurance fraud;

5 provides requirements for organization & organization s contract with division; provides for board of directors; authorizes organization to use division s property & facilities subject to requirements; authorizes contributions from insurers; provides that moneys received by organization may be held in separate depository account in name of organization; revises provisions relating to claims & attorney fees; provides for loss of licensure if entity or practitioner is found guilty of insurance fraud. Final Status: Died in Insurance & Banking Subcommittee on Friday, March 9, 2012 CS/ CS/ House Bill 1101 (Homer) An Act Relating to Insurance Summary: Exempts salvage motor vehicle dealers from having to carry certain types of insurance coverage under certain circumstances; authorizes corporation not for profit selfinsurance funds that are required to maintain continuing program of excess insurance coverage & reserve evaluation to purchase excess insurance from eligible surplus lines insurers or reinsurers; authorizes DFS to provide examinations in Spanish; revises provisions relating to limited licenses for travel insurance; provides specified exemptions from requirement that insurer provide notification of nonrenewal to insured; provides legislative intent relating to application of certain mandatory health benefits regulated under ch. 627, F.S.; specifies interest rate applicable to accrual of interest on overdue payments of personal injury protection benefits; expanding kinds of insurance for which captive insurer may seek licensure, etc. Final Status: Ordered enrolled on Thursday, March 8, 2012 Senate Bill 254 (Bennett) An Act Relating to Motor Vehicle Personal Injury Protection Insurance Summary: Revising provisions relating to the contents of written reports of motor vehicle crashes; requiring that an application for licensure as a mobile clinic include a statement regarding insurance fraud; defining the term no-fault law ; adding licensed acupuncturists to the list of practitioners authorized to provide, supervise, order, or prescribe services; providing that an insurer s failure to send certain specification or explanation waives other grounds for rejecting an invalid claim; revising the insurer s reimbursement limitation; authorizing the insurer to deny a claim if the provider does not submit a properly completed statement or bill within a certain time; authorizing an insurer to contract with a preferred provider; authorizing an insurer to provide a premium discount to an insured who selects a preferred provider; providing that an insured forfeits the premium discount if the insured uses nonemergency services performed by a nonpreferred provider in specified circumstances, etc. Final Status: Died in Banking and Insurance on Friday, March 9, 2012.

6 CS/CS/SB 1620 (Senator Richter & Committees on Budget Subcommittee on General Government Appropriations; and Banking and Insurance) An Act Relating to Insurance Summary: Providing that a salvage motor vehicle dealer is not required to carry certain insurance on vehicles that cannot be legally operated on roads, highways, or streets; revising a provision exempting alien insurers from the requirement to obtain a certificate of authority; authorizing corporation not for profit self-insurance funds that are required to maintain a continuing program of excess insurance coverage and reserve evaluation to purchase excess insurance from eligible surplus hnes insurers or reinsurers, etc. Final Status: Laid on the Table, refer to CS/CS/HB 1101 (Senate Journal) on Thursday, March 8, CS/CS/SB 1860 (Negron) An Act Relating to Motor Vehicle Personal Injury Protection Insurance Summary: Revising the requirements relating to the driver s responsibility for submitting a report for crashes not requiring a law enforcement report; providing that certain entities exempt from licensure as a health care chnic must nonetheless be licensed in order to receive reimbursement for the provision of personal injury protection benefits; requiring the Department of Financial Services or the Office of Insurance Regulation to revoke the certificate of authority of an insurer that engages in unfair trade practices while providing motor vehicle personal injury protection insurance, etc. Final Status: Laid on the Table, refer to CS/CS/HB 119 (Senate Journal907) on Wednesday, March 7, 2012.