Last week in Tallahassee saw two significant developments on the auto insurance front for Florida consumers.
First, in a significant victory for auto accident victims needing medical treatment, Judge Terry P. Lewis, of the Circuit Court for Leon County, Florida, lifted an automatic stay of the injunction he previously granted against significant, anti-consumer portions of HB 119. Under the ruling, Judge Lewis’ injunction remains in full effect during the appeal of the same by the State of Florida and the Office of Insurance Regulation. Thus, for the time being, auto accident victims are allowed to see massage therapists and receive acupuncture under PIP, and, most importantly, PIP benefits cannot be capped at $2,500.00 by the insurance company, by declaring there was not an emergent medical condition. The Attorney General’s office and the Office of Insurance Regulation have already filed with the First District Court of Appeals to overturn this ruling.
The second significant development saw the Senate Banking and Insurance Committee pass out, by a 10-0 vote, Senator David Simmons’ Mandatory Bodily Injury Bill, SB 7152. However, the timing of the vote does not leave the bill a very good chance of becoming law. Committee weeks are over, meaning the bill could only be added as an amendment to another bill in the Senate this year. Usually, bills must clear three committees before being brought to the floor for a vote.
Further dooming the bill this year is the fact that the Florida House does not currently have a companion bill. Given the status of the budget, and the ongoing fight over Medicaid expansion, I do not expect that the Mandatory BI Bill will replace PIP this year. However, there is on outside chance that Judge Lewis’ ruling last week gives Legislators some last-minute push to take up this important issue. More likely than not, it will be an issue for next year.
Michael T. Gibson is an Auto Accident Lawyer in Orlando. The law firm of Michael T. Gibson, P.A. can help you obtain compensation for medical treatment, loss of wages, pain and suffering, etc. that you have incurred as the result of a car accident. Call 407-422-4529 or visit the website at www.autojusticeattorney.com.
