2008 SUMMARY OF NEW STATE LAWS – FLORIDA

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 137

117

Motorcycles

Creates additional offenses regarding motor vehicle operation; requires an operator of a motorcycle or moped to maintain both wheels on the ground at all times; requires that the license tag of a motorcycle or moped be affixed horizontally and may not be adjusted or capable of being flipped up; provides for fines. Effective date: October 1, 2008.

HB 503

7

Weapons in Motor Vehicles

Relates to right to keep and bear arms in motor vehicles; creates the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008; prohibits a public or private entity from prohibiting a customer, employee, or invitee from possessing any legally owned firearm that is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot; provides exceptions. Effective date: July 1, 2008.

HB 653

241

Tax Issue

Expands the Corporate Income Tax Credit Scholarship Program by increasing the amount of credits and allowing the use of credits for insurance premium taxes; provides that siblings of certain students or students in foster care are eligible for participation in the program; provides that scholarship funds may be used for administrative expenses of a nonprofit scholarship funding organizations. Effective date: June 30, 2008.

HB 697

191

Building Code

Amends the Building Code to incorporate energy-efficient land use and greenhouse gas reduction; relates to solar collectors, energy efficiency in residential and commercial buildings, county affordable housing fund restrictions, transportation strategies, solar incentive rebates, manufactured buildings, condominiums, data plates, wireless communication towers, fee structures for mental health facilities, carbon monoxide detectors and eligibility requirements for Citizen's property insurance coverage. Effective date: July 1, 2008.

HB 727

192

Fire Safety

Relates to fire safety; provides for application of automatic sprinkler systems requirements to nursing homes; requires a nursing home licensee to submit complete sprinkler construction documents to the Agency for Health Care Administration; requires the State Fire Marshal to conduct a study on the use of voice-over-Internet-protocol telephone service for monitoring fire alarm systems; requires owners of buildings with light-frame truss-type construction to mark the structure with a sign or symbol. Effective date: July 1, 2008.

HB 937

198

Title Insurance

Relates to title insurance; creates Florida 2008 Title Insurance Study Advisory Council; provides for council membership, administrative support, and responsibilities; authorizes council to invite independent actuaries to provide information; authorizes payment of fees; provides council meeting requirements; requires council to report to Governor and Legislature; provides for future termination of council. Effective date: June 17, 2008.

HB 5045

133

Workers’ Compensation

Transfers workers' compensation medical services and supplies responsibilities from the Agency for Health Care Administration to the Department of Financial Services; relates to maximum reimbursement allowances, utilization reviews and reimbursement disputes; provides for audits; amends other provisions. Effective date: July 1, 2008.

HB 7103

248

Wind Certification

Relates to the My Safe Home program and wind mitigation enhancement; revises criteria for wind certification entities and hurricane mitigation inspectors; implements a quality assurance program; requires improvements to all openings of a structure, including exterior and garage doors; requires improvements to be made as a condition of reimbursing homeowners approved for grants; relates to the Volunteer Florida Foundation, Inc; requires a low-interest and a no-interest loan program. Effective date: July 1, 2008.

SB 154

33

Traffic Safety

Relates to pedestrian safety; requires a driver to stop at certain intersections to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk. Effective date: July 1, 2008.

SB 648

36

Insurable Interest

Relates to insurable interests; provides for the requirement of an insurable interest in an insured at the time of an insurance contract; provides for the actions by the insured to recover benefits under such a contract paid to a person lacking such an interest at the time such contract was executed; relates to additional insurable interests under life, health, or disability insurance contracts; requires the consent of the person insured for certain contracts. Effective date: July 1, 2008.

SB 1076

170

Mobile Homes

Relates to vehicle and mobile home destruction; requires that a certificate of title accompany a motor vehicle or mobile home delivered to a salvage motor vehicle dealer or a secondary metals recycler; provides for the use of a derelict motor vehicle certificate if other certificates are not available; providing for an electronic notification system so that a law enforcement officer may put a hold on the destruction of a vehicle or mobile home they believe was stolen or fraudulently titled. Effective date: October 1, 2008.

SB 1988

53

Traffic Offenses

Relates to suspended, revoked or canceled drivers' licenses; provides for a misdemeanor upon a subsequent conviction of the same offense; requires a study of the effectiveness of suspending a license for specified violations; relates to prior forcible felony convictions, failing to pay child support or other financial obligations, failing to maintain financial responsibility, failing to comply with minor attendance requirements, being a habitual traffic offender or driving without a valid license. Effective date: July 1, 2008.

SB 2264

178

Service Warranties

Relates to motor vehicle service warranty associations, specialty insurers, motor vehicle manufacturers licensing as service agreement companies, limitations on claims liabilities, and statistical reporting of sales of service agreement companies by manufacturers in lieu of other financial reports; requires an alternative method of information collection for warranty holders; prohibits warranty service associations that do not collect names and addresses of warranty holders to deny any warranty claim. Effective date: June 17, 2008.

SB 2296

179

Commercial Auto

Relates to commercial motor vehicles; exempts certain vehicles that occasionally transport personal property to and from closed-course motorsport facilities from the definition of commercial motor vehicle for the purposes of statutory provisions relating to state uniform traffic control and statutory provisions governing motor vehicle licenses and driver's license. Effective date: July 1, 2008.

SB 2860

66

Property Insurance

Enacts the Homeowner's Bill Of Rights Act; relates to the Insurance Capital Buildup Incentive Program, fees paid by insurers, surplus notes issued by residential property insurers, premium discounts and rates for residential property insurance, property insurance nonrenewal, unfair methods of competition and unfair or deceptive acts or practices, reinsurance, hurricane and wind insurance, the Citizens Property Insurance Corporation, insurance reporting, claims handling, and loss mitigation. Effective date: July 1, 2008.