Quite often many laws that are passed by the Florida. legislature and not vetoed but signed by the Governor become effective on July 1, the increase in the minimum wage is in September, however, there are a few that become effective January 1, 2022.
A pair of bills signed this year by Governor Ron DeSantis, involving vehicle rentals and notaries public, become law on January 1, 2022.
In addition, starting at that time, Florida employers will see an average 4.9 % decrease in rates for workers’ compensation insurance. The vehicle-rental measure (SB 566) sets insurance and other requirements for people who take part in peer-to-peer car-sharing programs. In part, the bill requires that, during car-sharing periods, the vehicle owners and rental drivers are insured to at least minimum requirements in state law. It also requires car-sharing programs to oversee the collection and remittance of taxes.
The Senate bill sponsor Keith Perry stated: “We are mirroring what is required by Enterprise or Alamo and the other ones.”
On the other hand, state Senator Gary Farmer, who was among 12 senators and 15 House members who voted against the proposal, questioned whether the measure would provide “appropriate safeguards.” He stated to the media- “I’m not a rental car company. I’m not going to know, to check the validity of a driver’s license.” He further stated that “[m]aybe you’ve got a whole history of DUIs out there and I don’t know about it. And now I’m entrusting you with my car. Cars are deemed dangerous instrumentalities under the law of the state of Florida. So, we do a lot of things to protect our residents in general. That’s why we have the rule that a car owner is generally responsible for anybody they let use their car.”
Florida lawmakers passed the bills dealing with vehicle rentals and notaries (HB 121) during the legislative session that ended in April 2021. Most bills passed during the session took effect July 1, which also was the start of the state’s fiscal year.
The notaries bill expands on a 2019 law that authorized remote online notarizations in the state. State Representative Sam Garrison, who sponsored the measure, said during a March Judiciary Committee meeting that the changes are designed to address issues that arose as the coronavirus pandemic increased use of remote notary platforms.
Among the foregoing changes, the law requires platforms to store video of notary sessions, directs the Department of State to include on its website a list of platform providers and allows court reporters to remotely swear in witnesses and newly admitted attorneys via audio-video technology. The law also prohibits platform users’ personal information to be sold.
A third bill (HB 54) that legislators sent to DeSantis with a January 1, 2022, implementation date would have eliminated the state’s no-fault insurance system, and its requirement that motorists carry personal injury protection, or PIP coverage. Ultimately, that bill was among five, which Florida Governor DeSantis vetoed from the 2021 session.
In vetoing the measure, DeSantis explained the no-fault system has flaws and state law involving bad faith litigation, an issue which could lead to costly lawsuits over how insurers handle claims and therefore is “deficient.” Further, DeSantis said the proposal did not “adequately address the current issues facing Florida drivers and may have unintended consequences that would negatively impact both the market and consumers.”
On December 2, 2021, Florida Senate President Wilton Simpson suggested that the no-fault repeal issue could return in the 2022 session, which begins January 11, 2022.
While it was not a result of the legislative session, employers will continue to see decreasing workers’ compensation insurance rates in 2022. Florida Insurance Commissioner DavidAltmaier issued an order in November that set an average 4.9 % decrease, with an effective date of January 1, 2022. This came after an average 6.6 percent decrease that took effect in 2021. Commissioner Altmaier presented a prepared statement in November 2021, to the residents of the state suggesting that “[s]afer workplaces, innovative techniques, and improved risk management practices have resulted in the continued decline in workers’ compensation claims, ultimately benefiting Florida businesses,”
The foregoing is merely a summary of changes regarding relevant Florida laws for the new year. Please call the attorneys at the law firm of CASERTA & SPIRITI if you have any questions about any of these topics.