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Politics

Insurance, Gun Rights, Abortion, Phone Dereg Bills Clear Florida Senate

April 27, 2011 - 6:00pm

The Florida Senate hustled an assortment of bills through its chamber Thursday, altering the property insurance market, enhancing gun rights in the state, guarding against using taxpayer funds for abortions and deregulating land-line telephones.

The most contested of the bills was a reform of the property insurance market, designed to attract more underwriters to the state in the hopes that increased competition would drive down costs. SB 408, sponsored by Sen. Garrett Richter, R-Naples, is largely a rewrite of last year's SB 2044, which was vetoed by then-Gov. Charlie Crist, but includes the elimination of the requirement for insurers to include sinkhole coverage in their policies.

It was the sinkhole provision that drew down the ire of Sen. Mike Fasano, R-New Port Richey, who has led the charge against insurance bills this session, and has had checkered success in tacking on amendments that would weaken them. He feared insurance companies would not provide sinkhole coverage without the requirement, and mortgage companies would refuse to lend without the coverage, leading to further disruption of the housing market that caused the recent economic meltdown.

"This is an economic disaster waiting to happen," Fasano said.

Sinkholes, or sinkhole claims, are at the heart of the concerns of the insurance industry in a state that hasn't seen a major hurricane hit in five years. In recent years, sinkhole claims have skyrocketed, with some public insurance adjusters marketing themselves as being able to draw down large claims for what amounts to minor cracks in homes. In the aftermath of a decimated economy where many people find themselves on the verge of foreclosure, the opportunity to make a quick but fraudulent buck has proven too tempting for some.

Richter explained his bill was merely about loosening up the heavily regulated insurance market in Florida, and warned that state-run Citizens Property Insurance is spread too thin and would not be able to pay out all of the claims in the event of a catastrophic hurricane.

"The most expensive policy that you can get is a policy with a company that can't pay your claim," Richter said.

The bill passed in a 25-12 vote, and next heads to the House.

Gun owners also got a boost from the Senate. The upper chamber passed a bill preventing doctors from asking patients about gun ownership unless it is deemed medically necessary, as well as legislation barring local governments from passing laws in contradiction to state gun laws. Those bills are now headed to Gov. Rick Scott's desk for his signature. A bill decriminalizing the accidental revealing of a concealed firearm will head to the House.

The Senate also passed two bills preventing the use of taxpayer funds for abortion. One puts the provision in state law, and the other would place a constitutional amendment before the voters preventing state privacy laws from being construed to allow for taxpayer funds to pay for abortions. Both bills allow exceptions for rape, incest or the physical well-being of the mother. The pro-life bills were amended slightly on Wednesday, and must now head back to the House before being placed on Gov. Rick Scott's desk.

The gun ownership and pro-life bills were both social issues that passed over the objections of Democrats, but even the minority party got on board a bill that deregulates land-line phones in the state. The bill passed in a 39-0 vote.

Fasano's "pill mill" bill is ready for a final vote after amendments from Sen. Ellyn Bogdanoff, R-Fort Lauderdale, were defeated. The amendments would have required law enforcement agencies to get search warrants or subpoenas before gaining access to the new prescription drug monitoring program.

Another controversial measure that would ban public-sector unions from automatically deducting dues from their members for political purposes was on the schedule for Thursday but was not discussed. Sen. John Thrasher, R-St. Augustine, does not appear to have the votes, but it is unclear how hard he will push for the bill with just over one week of the legislative session left.

"Anything's possible," Thrasher said.

Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (850) 727-0859.

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