SB 0288 Victims of Reform School Abuse by Rouson
The FOMA successfully amended SB 288 to include osteopathic physicians to the list of doctors who can verify a mental injury.
SB 288 requires a person seeking to be certified as a victim of Florida reform school abuse to submit an application to the Department of State (DOS) by September 1, 2021. The DOS must notify the applicant of its determination within five business days after processing and reviewing the application. If the DOS determines that an application meets the requirements of the act, the DOS must certify the applicant as a victim of Florida reform school abuse. The DOS must also submit a list of all certified victims to the President of the Senate and the Speaker of the House of Representatives by December 31, 2021.
The bill also provides that a victim of Florida reform school abuse may file a claim under ch. 960, F.S., which governs victim assistance, including victim compensation. The bill defines “crime,” for purposes of filing a claim and requires that a claim must be brought within 1 year of the effective date of the bill.
The Senate Criminal Justice Committee passed the bill; 6 Yeas, 1 Nay.
SB 0054 Motor Vehicle Insurance by Burgess
The Senate Banking and Insurance committee amended and passed SB 54 relating to motor vehicle insurance - 10 Yeas, 2 Nays. As filed, the bill repeals the Florida Motor Vehicle No-Fault Law (No-Fault Law), which requires every owner and registrant of a motor vehicle in this state to maintain Personal Injury Protection (PIP) coverage.
Senator Passidomo filed an amendment to the bill, providing that s. 624.156, F.S., created by the bill, will apply to all third-party bad faith failure to settle actions against motor vehicle insurers. The amendment also specifies that the failure to settle cause of action under the civil remedy provided in s. 624.155, F.S., does not apply to a third-party bad faith failure to settle action subject to the newly created s. 624.156, F.S. Thus, s. 624.156, F.S., will exclusively govern all third-party bad faith failure to settle actions against a motor vehicle insurer.
The amendment was adopted by the Committee.
SB 0072. Civil Liability for Damages Relating to COVID-19 by Brandes
The Senate Judiciary passed SB 72 relating to COVID civil liability - 7 Yeas, 4 Nays. All amendments filed to the bill failed.
The legislation creates civil liability protections for individuals, businesses, and other organizations against COVID-19-related claims. As drafted, healthcare providers are excluded from the liability protections in the bill.
FOMA General Counsel Jason Winn continues to meet with the coalition regarding medical-malpractice legislation designed to offer greater protections for health care providers.