New Florida Laws in 2012: A Year in Review

Florida lawmakers were busy in 2012, passing a number of controversial and widely-criticized bills. The most notorious of these among Florida personal injury attorneys was HB 119, also known as the PIP Reform Act, which severely reduces benefits under the state’s previous 40-year-old no-fault personal injury protection law. Despite assurances by Florida Governor Rick Scott and other proponents of the legislation, drivers have yet to see any reductions in the PIP portion of their auto insurance premiums. In fact, State Farm recently proposed increasing the PIP portion of its insurance by 22 percent, although it later recanted and is now willing to settle for a mere 7.9 percent increase.

The following is a summary of Florida’s noteworthy legislative successes and failures of 2012:

• PIP Reform (HB 119 – Passed): Reduces no-fault coverage from $10,000 to $2,500 unless seen by a physician within 14 days of the accident and diagnosed with an “emergency medical condition.

• Texting While Driving Ban (SB 416 – Failed): Would have punished texting while driving as a secondary offense to speeding or causing an accident. Despite support from over 70% of Florida residents, this bill was rejected again this year.

• Flashing Headlights (HB 1223 – Passed): Allows drivers to flash headlights at oncoming motorists.

• Auto Racing (SB 266 – Failed): Would have established auto racing as the state’s official sport.

• Autonomous Cars (SB 1768/HB 1207 – Passed): Requires a study on driverless car safety.

• Animal Shelters (SB 818 – Failed): Would have required animal control agencies and shelters to keep a registry of rescue groups willing to accept animals that would otherwise be euthanized.

• Zoo Animals (HB 1117 – Passed): Allows zoos and aquariums to lease state-owned land to research exotic animals.

• Pit Bull Ban Reversal (HB 997 – Failed): Would have removed the ban on breed-specific dogs considered to be dangerous.

• Animal Dye Ban Reversal (1197 – Passed): Reverses the ban on dyeing animals using artificial colors (this is a particularly popular practice on chicks and rabbits at Easter, after which most of these animals are simply discarded).

• Food Stamps (SB 1658 – Failed): Would have prohibited recipients to buy junk food with food stamps and to use them at casinos.

• Gaming (HB 487 – Failed): Would have allowed up to three large casinos in South Florida.

• Quicker Foreclosures (SB 1890/HB 213 – Failed): Would have hastened the foreclosure process.

• Employee Tips (SB 2106 – Failed): Would have reduced wages to employees whose tip earnings amounted to minimum wage.

• E-Verify (SB 1638/HB 1315 – Failed): Would have required employers to prove that their workers are not illegal immigrants.

On behalf of the personal injury and trial attorneys at PERENICH The Law Firm, we wish you abundant prosperity and joy in the coming year.