Daily Legislative Brief from January 23, 2018
                                  
                                    Information Technology
                                      
                                    GOT1-Relating to  Information Technology
                                                                          On Tuesday, January 23rd,  GOT1 both sponsored and heard by the House Government Operations and Technology  Appropriations Subcommittee, passed by a vote of 13 yeas to 0 nays. AIF stood in support of this legislation. 
                                                                          This bill implements a  “cloud first” policy for the state, requiring each state agency to first  consider cloud computing solutions when sourcing their technology. The bill  also moves part of the financial management responsibility of the Agency for State  Technology to the Department of Management Services and designates the  Department of Environmental Protection as the state coordinating agency for Geographic  Information Systems.  Further, the bill increases the minimum qualification  requirements for the State Chief Information Officer position which would be  effective in 2019.
                                    GOT1 has now been filed  as HB 7047 and currently has no committees of reference.
AIF supports the adoption and implementation of a  formal cloud-first strategy, resulting in more efficient and effective IT solutions  for Florida. 
                                   
                                    Legal & Judicial
                                      
                                    SB 90-Relating to Use  of Wireless Communications Devices While Driving
                                    On Tuesday, January 23rd, SB 90 by Senator Keith Perry (R-Gainesville)  was heard by the Senate Appropriations Subcommittee on Transportation, Tourism,  and Economic Development and passed by a vote of 8 yeas to 2 nays. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this legislation.
                                    Currently, Florida law  prohibits a person from texting, emailing, and instant messaging while driving;  however, enforcement of this is a secondary offense, which means a law  enforcement officer must detain a driver for another traffic offense in order  to cite the driver for texting while driving. The bill would change the current  enforcement of the ban on texting while driving from a secondary offense to a  primary offense, allowing law enforcement officers to stop a vehicle solely for  texting while driving. This legislation also specifies that the enforcement  officer who has made the stop must inform the driver that they have the right  to decline a search of their wireless communication device. SB 90 requires that  all fees collected for this offense be remitted to the Department of Revenue to  then be deposited into the Emergency Medical Services Trust Fund of the  Department of Health. The main goal of this legislation is to eliminate a  component that contributes to distracted driving on Florida’s roadways.
                                    SB 90 will go on to  the full Senate Committee on Appropriations for its next hearing.
AIF supports  legislation that addresses the issue of distracted driving and will ensure  public safety for all on Florida’s roadways.
                                   
                                    Economic Development
                                      
                                    SB 1224- Relating to  Beverage Law
                                     On Tuesday, January 23rd,  SB 1224 by Senator Rob Bradley (R-Orange Park) was heard before the Senate  Committee on Regulated Industries and passed by a vote of 8 yeas to 2 nays. AIF’s Senior Vice President of State and  Federal Affairs, Brewster Bevis, stood in support of this bill. 
                                                                        Currently, vendors must  purchase beer or malt beverage branded glassware from distributors for use in  their establishments. This legislation allows for retailers to accept malt  or beer beverage branded glassware from a distributor at no cost. The bill  stipulates that the distributor may give no more than 10 cases (that include up  to 24 pieces per case), per brand, per calendar year. 
                                     SB 1224 will go on to be heard in the Senate Committee  on Commerce and Tourism.
AIF SUPPORTS legislation that  will reduce costs on Florida’s businesses by allowing distributors to provide  vendors, at no cost, glassware to use in their establishments. 
                                   
                                    Insurance
                                      
                                    HB 97-Relating to Florida Catastrophe Fund (fund)
                                     On Tuesday, January 23rd, HB 97 by  Representative David Santiago (R-Deltona) was heard before the House Insurance  and Banking Subcommittee and passed by a vote of 9 yeas to 4 nays. AIF’s Senior Vice President of State and  Federal Affairs, Brewster Bevis, spoke in opposition to this bill. 
                                                                        This bill revises the reimbursements the Florida  Hurricane Catastrophe (CAT) Fund must make to insurers and decreases the cash  build-up factor. Several members of the committee expressed concerns about the  bill, particularly with regards to hurricane seasons containing multiple disastrous  storms and the risk of assessments on all Florida insurance policyholders. 
                                     HB 97 will go on to the House Appropriations Committee  for its next hearing.
                                     AIF  opposes this legislation as it risks depleting the cash build-up of the fund,  making it more likely that Floridians and business owners could see another  “hurricane tax” in the future. 
                                     
                                    SB 1168-Relating to Insurance
                                     On Tuesday, January 23rd, SB 1168 by  Senator Greg Steube (R-Sarasota) was heard before the Senate Committee on  Banking and Insurance and passed by a vote of 7 yeas to 3 nays. 
                                     This bill provides that certain attorney fees and  costs paid by property insurers may not be included in the property insurer’s  rate base and may not be used to justify a rate increase or rate change. The  bill also provides that personal lines residential and commercial residential  property insurance policies may not restrict the assignment of post-loss  benefits, and further provides that an agreement to assign post-loss benefits  of a residential homeowner’s property insurance is not valid unless specified  conditions are met, etc. 
                                    An amendment offered by Senator Doug Broxson  (R-Pensacola) had the intent of fixing the biggest issue regarding assignment  of benefits and reinforced that the one-way attorney fee statute was meant for  policyholder. AIF and much of the business community spoke in support of this  amendment, however it ultimately failed. 
                                     SB 1168 will go on to its next committee stop in the  Senate Committee on Judiciary to be heard.
AIF  opposes legislation that does not adequately protect consumers against the  abuses of one-way attorney fees, which is the only way to truly fix the  assignment of benefits problem. 
                                   
                                    Health Care
                                      
                                    SB 162-Relating to  Payment of Healthcare Claims
                                    On Tuesday, January 23rd, SB 162, by Senator Greg Steube  (R-Sarasota) was heard before  the Senate  Committee on Health Policy and passed. AIF’s Senior Vice President of State and  Federal Affairs, Brewster Bevis, stood in opposition to this bill.
                                    This bill prohibits  health insurers and health maintenance organizations (HMOs) from retroactively  denying a claim at any time if the insurer or HMO verified the eligibility of  an insured or subscriber at the time of treatment and provided an authorization  number, regardless of if the insured has paid their premiums prior to that  claim rendering them ineligible for coverage.
                                    SB 162 will go on to  the Senate Committee on Rules for its next hearing.
AIF opposes legislation requiring insurers to pay  claims for all people, even those that have not paid their premiums because it  would raise costs on employers who would be required to pay health care  expenses of people who are no longer employees, and consumers would bear the  burden of paying the high costs of fraud, waste and abuse that would occur in  the system.