SPECIALFOCUS: 2017LEGISLATIVEWRAP-UP
SESSION OVERVIEW 2017
by Kenneth D. Kranz, Editor in Chief
INTRODUCTION
2017 SESSION OVERVIEW The level of bill filing activity this year was up quite a bit from last year with a total of 3,052 bills filed (950 Senate bills and 2102 House bills), the most of any session in the past 16 years. This significant increase is mainly due to the new House requirement that a bill must be filed for any appropriations request. Of the 3,052 bills filed, 249 eventually passed both chambers for a passage rate of 8.2%, which is the lowest percentage of filed bills passing both chambers in that same time frame. In 2015 the passage rate was 13.2% of filed bills, and in 2016 the passage rate was 15.4%. In any event, this year the FJA was once again faced with the usual array of legislative attacks on the civil justice system, including serious threats in the areas of workers’ compensation and property insurance. And, once again, the FJA was successful in stopping or neutralizing these attacks. CLAIM BILLS This year the legislature was much more generous to claimants seeking relief than it has been in recent years. To put this in context, recall that after the 2013-2014 logjam, when no claim bills at all were passed, 14 bills totaling approximately $15.3 million passed in 2015 and only four bills totaling approximately $2.5 million passed in 2016. This year 57 claim bills representing 29 separate claims were filed in both chambers. Of these, 13 bills passed, six against the state and seven against local governmental entities, granting relief to claimants totaling $25.7 million. The largest amount provided to a single claimant was $4.7 million to a high school junior who suffered a serious brain injury when a large truck tire he was inflating in auto shop class exploded. Note that, as of this writing, final action by the Governor is still pending on virtually all of these bills. FOR MORE INFORMATION The bill summaries herein were excerpted from the post-Session 2017 Bill Summaries prepared by the staff of the Florida Senate. That complete document, which contains summaries of all the bills that passed this year, can be found at http://www.flsenate.gov/ Committees/BillSummaries/2017/. Copies of all bills, amendments, legislative staff analyses, and complete legislative history including archived video or audio recordings of floor proceedings and many committee meetings can be found at www.flsenate.gov and www. myfloridahouse.gov. 14 | May/June 2017 | www.FloridaJusticeAssociation.org
The enacted bills that are most likely to be of interest to practitioners are summarized below by subject area (within categories bills appear in numerical sequence); failed bills of interest are also listed. AUTO/PIP Notable auto-related issues that failed to pass include: Mandatory Bodily Injury Insurance Coverage and PIP Repeal (HB 1063/SB 1766); PIP Repeal w/bad faith (HB 461); PIP Repeal (SB 156); Bicycle Safety/ Vulnerable Road Users (HB 541/SB 432 and SB 408); Autonomous Vehicles (HB 725/SB 1066); Use or Operation of a Drone by Certain Offenders (HB 939/SB 1122); Personal Delivery Devices (HB 601/SB 460). Children Obtaining Driver Licenses; Ch. 2017-8, Laws of Fla. (CS/SB 60 by Children, Families, and Elder Affairs Committee and Sens. Bean, Rodriguez, and Stargel); approved by Governor; effective May 1, 2017. This bill addresses children in foster care obtaining driver licenses. The bill removes the pilot status of the program that provides funding to pay the cost for driver education, licensure, and motor vehicle insurance for children in out-of-home care and expands eligibility for the program to children who are in relative and nonrelative placements. In addition, it allows children to continue receiving benefits for up to six months after having achieved permanency or turning 18 years of age. The bill requires the child’s transition plan and the court to address the issue of a child in care being able to obtain a driver license. The bill also provides that a guardian ad litem, when authorized by a minor’s caregiver, may sign for the minor’s learner’s driver license and not assume any obligation or liability for damages caused by the minor. Transportation Network Companies; Ch. 2017-12, Laws of Fla. (CS/HB 221 by Government Accountability Committee; and Reps. Sprowls, Grant, J., and others); approved by the Governor; effective July 1, 2017. The bill creates statewide requirements for transportation network companies (TNCs). Transportation network companies use smartphone technology to connect individuals who want to ride with private drivers for a fee. The bill preempts any local ordinances or rules on TNCs and provides that state law will regulate TNCs. The bill prohibits local governments from imposing taxes, licensing requirements, or other restrictions on TNCs. The bill provides minimum insurance requirements for TNCs and TNC drivers. When a TNC driver is logged onto the digital network but not engaged in a prearranged ride, the bill requires: primary automobile liability coverage of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage; personal injury protection (PIP)