Latest news with #SB426
Yahoo
11-04-2025
- Politics
- Yahoo
Arkansas Senate bill would bring harsher penalties to violent criminals in US illegally
BENTONVILLE, Ark. (KNWA/KFTA) — Senate Bill 426 was delivered to the Arkansas Gov. Sarah Huckabee Sanders' desk April 10, and aims to strengthen the state's defense against people who enter the United States illegally and commit felonies through multiple tactics. The bill, if signed into law, would enhance penalties for people in the U.S. illegally who commit violent felonies, ensure sheriff's offices and the Division of Corrections' involvement in the 'Warrant Service Officer Program,' and expand the state ban on sanctuary cities. 'Senate Bill 426 is a continued aim to keep our streets safe in the state of Arkansas,' said Arkansas Senate President Pro Tempore Bart Hester (R-Cave Springs), who is the lead sponsor on the bill. He said that Arkansas is the number one state for inbound migration because it is seen as safe, which he believes discourages gangs of illegal immigrants within the country from coming to Arkansas to commit crimes. 'If you come here, if you are here illegally and you commit a violent crime, we're going to put you away for a very long time,' said Hester. According to Hester, the bill's target is illegal immigrants within the state who commit violent crimes, not limited to crime with a gun, murder, rape, or physical abuse. Those who fall into this category would receive an enhanced penalty for the crime. 'So, if you rape somebody, you're going to get an additional ten years that you're not eligible for parole,' said Hester. The third and fourth section of the bill addresses county sheriff's offices and the Arkansas Division of Corrections' involvement in the 287(g) program. According to U.S. Immigration and Customs Enforcement, the 287(g) program operates in three models: the task force model, the jail enforcement model and the warrant service officer program, the latter two being addressed within SB 426. The Jail Enforcement Model is utilized to 'identify and process removable aliens' who have criminal or pending criminal charges and are arrested by state or local law enforcement agencies. Bill to allocate $750 million for new Arkansas prison likely not returning to Senate after multiple failures The Warrant Service Officer Program gives ICE the ability to 'train, certify and authorize state and local law enforcement officers' to carry out administrative warrants on people in the U.S. illegally within their jails. Hester said the No. 1 thing to understand about the Warrant Service Officer Program is that it does not make local police officers and sheriff deputies part of ICE. 'Nothing changes with that at all. If you see them in the community, they are not part of the federal government. But if you are arrested, once you get into the in the jail because you've committed a crime, you are arrested, then we are requiring them to notify the federal government of your legal status,' said Hester. The U.S. Immigration and Customs Enforcement website lists the Benton County Sheriff's Office as one of two Arkansas counties participating currently in the jail enforcement model. Though the bill focuses on illegal immigrants who commit violent crimes, the organization Aire is speaking out against the bill, with Aire member Alexa Roldan saying the bill increases fear within the immigrant community. 'It would increase fear within the immigrant community. Towards law enforcement, which we don't want that either. We want them to feel safe in the community that they're in,' said Roldan. According to Roldan, the bill not only impacts the immigrant communities' relationship with law enforcement but also creates what she believes is an unfair justice system. 'If it's the same crime, it's the same crime. The intent was still bad. It doesn't matter what your status is or who you are, what your color is, or what language you speak at home. A crime is a crime, period. So the fact that there's a different charge depending on literally who you are and where you stand as a person in the United States, that's just not fair,' said Roldan. Hester said he believes immigration is what makes America great when acquired correctly and legally. 'We want everyone that wants to come here and follow the process. We want them to be here. We're very welcoming people of the state of Arkansas. But it says that you cannot have a local city create a place that is safe for people to be here illegally,' said Hester regarding Section 5 of the Senate Bill. Section 5 states that local governments cannot enact or adopt sanctuary policies, and if they do, they are no longer eligible for 'discretionary money' provided by the state government, such as funds or grants. Roldan said she has spent her entire life in Bentonville, but as a daughter of immigrants, she said she feels her family will be seen as criminals due to bills like SB 426. 'The concern about the immigrant community and how they're going to feel about it all, knowing that there's no one place where they can feel safe and feel like they can go about their lives, about just living like every other person here, and also just how it's going to impact the mental health of many other people,' said Roldan. Hester said that he recognizes that the immigrant community is concerned with reporting crimes committed against them, especially with family members who may be here illegally. 'I really want to communicate that your local police officers, local sheriff's deputies, are not participating with the federal government unless you get arrested and are in prison. So we absolutely want everyone to know that you should be protected and safe while you're here in the state of Arkansas,' said Hester. Sanders has five days to sign the bill once it crosses her desk. Hester and Roldan believe that Sanders will sign the bill, which will pass it into law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
10-04-2025
- Politics
- Yahoo
Bill adding harsher penalties to felonies committed by undocumented migrants passes Arkansas House
Gov. Sarah Huckabee Sanders (right) talks with state Rep. Frances Cavenaugh, R-Walnut Ridge, after Sanders announced the introduction of an immigration bill sponsored by Cavanaugh and Sen. Bart Hester, R-Cave Springs. (Photo by Sonny Albarado/Arkansas Advocate) The Arkansas House approved a bill Wednesday night establishing harsher penalties for undocumented migrants who commit violent felonies in the state. Senate Bill 426, known as the Defense Against Criminal Illegals Act, also mandates Arkansas law enforcement agencies participate in a federal Immigration and Customs Enforcement program that deputizes them to help ICE apprehend and deport undocumented migrants held in local jails and state prisons. The Senate passed the bill 45-5 on April 2, with five of the chamber's six Democrats opposed. Sen. Stephanie Flowers, D-Pinebluff, was absent. The House voted 73-20 with 2 voting present to pass SB 426 Wednesday night. The bill creates the following additional penalties depending on the type, or class, of felony: A person convicted of a Class D felony, or an unclassified felony with no more than six years of prison time, would get up to four years added to the sentence; A person convicted of a Class A, B or C felony, or an unclassified felony with a prison sentence between six and 30 years, would get up to 10 years added to the sentence; A person convicted of a Class Y felony, or an unclassified felony with a prison sentence of longer than 30 years or life, would get up to 20 years added to the sentence. In Wednesday's committee meeting, Rep. Diana Gonzales Worthen, a first-term Democrat from Springdale, spoke against the bill, telling her colleagues that the legislation will destroy trust between the Latino community and law enforcement that has taken years to build. In the House Judiciary Committee on Tuesday, the bill's House sponsor Walnut Ridge Republican Frances Cavenaugh said the bill fulfills Gov. Sarah Huckabee Sanders' promise to help make Arkansans safer. At a March 17 press conference announcing the legislation, Sanders said: 'The Defense Against Criminal Illegals Act makes it clear: Arkansas will not tolerate violent, criminal illegals and will do our part to help the Trump administration keep our citizens safe.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
01-04-2025
- Politics
- Yahoo
Harsher punishments for crimes by undocumented immigrants will be reheard in Arkansas committee
Criminal defense attorney Jeff Rosenzweig (left) speaks against the Defense Against Criminal Illegals Act, sponsored by Senate President Pro Tempore Bart Hester (right), R-Cave Springs, before the Senate Judiciary Committee on Monday, March 31, 2025. (Tess Vrbin/Arkansas Advocate) An Arkansas Senate committee approved a bill Monday that would impose harsher penalties on undocumented migrants who commit 'serious felony' crimes 'involving violence' in the state. But Senate President Pro Tempore Bart Hester, primary sponsor of Senate Bill 426, or the Defense Against Criminal Illegals Act, will be considered a second time by the Senate Judiciary Committee after the Cave Springs Republican amended it later on Monday to change the schedule of penalties outlined in the bill. Under the version of SB 426 that passed committee Monday, undocumented migrants with initial charges of Class Y felonies — the most serious — would have faced two to 10 extra years of prison time. Felony charges under the lower four classes would have been upgraded one class. Some felonies also are unclassified. The amended bill would create the following penalties for people 'illegally or unlawfully in the United States' at the time of an offense: A person convicted of a Class D felony, or an unclassified felony with no more than six years of prison time, would get up to four years added to the sentence A person convicted of a Class A, B or C felony, or an unclassified felony with a prison sentence between six and 30 years, would get up to 10 years added to the sentence A person convicted of a Class Y felony, or an unclassified felony with a prison sentence of longer than 30 years or life, would get up to 20 years added to the sentence. SB426-S2 SB 426 includes a list of violent felonies that would precipitate enhanced penalties, including first-degree and second-degree murder, rape, arson, terroristic acts and threatening, first-degree battery and aggravated assault, among other things. The bill would also mandate that Arkansas law enforcement agencies participate in a federal program that deputizes them to help U.S. Immigration and Customs Enforcement in the apprehension and deportation of undocumented migrants held in local jails and state prisons. The 287(g) program, specifically the Warrant Service Officer Program, authorizes participating agencies to serve administrative warrants under federal immigration law. The American Civil Liberties Union of Arkansas opposes the bill because it 'would divert local resources from public safety to federal law enforcement' and 'prevents cities and counties from determining what is best' for their residents, policy director Sarah Everett told the Senate Judiciary Committee. 'We don't feel that bills like this really do anything to help public safety,' said Everett, one of two people to speak against the bill. 'I don't think most people are doing a whole lot of math when they're thinking about committing a crime. What we really need to be focusing on is preventing crime in the first place.' The sheriff's offices in Craighead and Benton counties already have 287(g) cooperation agreements, according to the U.S. Immigration and Customs Enforcements webpage. U.S. House Republicans have been vocally supportive of the program. Local law enforcement officers would not be required to participate in the program until after they have someone arrested and in custody, Hester said in response to questions from the committee. 'We do not want to make this a place where violent criminals come,' Hester said. 'We do not want to be a place where we're seeing all these gangs start to move to.' President Donald Trump's administration asked the U.S. Supreme Court last week to allow the deportations of Venezuelans accused of gang ties to continue. Cracking down on illegal immigration, including with 'mass deportations,' was a primary talking point of Trump's reelection campaign last year. Even sanctuary policies can't stop ICE arrests Gov. Sarah Huckabee Sanders, who was Trump's press secretary during part of his first term, held a press conference earlier this month expressing support for the Defense Against Criminal Illegals Act, which she previously named as a policy priority during her State of the State address. The bill would also expand the state's ban on sanctuary cities, which signify a lack of cooperation with federal immigration authorities, and prohibit all local governments from adopting such policies, even in unincorporated areas. The state would withhold discretionary grants or other funds from any 'local government that adopts or enacts a sanctuary policy' until the policy is repealed. Similarly, Trump signed an executive order Jan. 20, his first day back in the White House, saying the federal government must withhold funds from sanctuary jurisdictions. Sanctuary policies are largely symbolic and do not enable local officials to prevent ICE arrests, Stateline reported in February. The Senate Judiciary Committee passed SB 426 with no audible dissent. The committee's sole Democrat, Sen. Clarke Tucker of Little Rock, was absent during the discussion and vote. Increasing the length of criminals' incarceration does not prevent crime, Everett said, and she questioned how much SB 426 would cost taxpayers since incarceration itself costs money. The Senate is set to vote Tuesday on a $750 million appropriation to begin construction of a new 3,000-bed prison in Franklin County that has generated frustration from lawmakers and Arkansans. The Sanders administration has said the prison is needed to address overcrowding in county jails. Everett said SB 426 will have 'unintended consequences.' Judiciary Committee chairman Sen. Alan Clark, R-Lonsdale, said 'not controlling the border' between the U.S. and Mexico also has 'unintended consequences.' No members of the public spoke for the bill. Besides Everett, the other opponent of SB 426 was criminal defense attorney Jeff Rosenzweig, who said the bill lacks a strong enough definition of what makes an immigrant 'illegal.' The Trump administration has recently been canceling the visas and green cards of legal immigrants, Rosenzweig noted, and he said SB 426 could be improved by requiring authorities to provide notice to individuals whose legal status was revoked. 'You can be lawful one day and unlawful the next, depending on what some ICE agent or some Cabinet official or someone in between said,' Rosenzweig said. He also noted that everyone on U.S. soil, not just U.S. citizens, is subject to due process and a jury trial if they face criminal charges. Sen. Blake Johnson, R-Corning, said he disagreed with Rosenzweig's suggestion to add a notification requirement to SB 426. 'It's their job [as immigrants] to know whether they're here legally or not,' Johnson said. The Senate Judiciary Committee's next meeting is scheduled for 10 a.m. Wednesday. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
30-03-2025
- Business
- Yahoo
Arkansas Legislature gears up for final weeks of 2025 session
House Speaker Brian Evans and Lt. Gov. Leslie Rutledge preside over a joint session of the Arkansas House and Senate on Jan. 14, 2025. (Antoinette Grajeda/Arkansas Advocate) Arkansas legislative leaders say they expect long days at the Capitol during the home stretch of the 2025 legislative session, which they anticipate ending by April 16. 'We're going to start earlier in the day and we're going to work late in the day' to move bills through committees and through the House and Senate, Senate President Pro Tempore Bart Hester, R-Cave Springs, said in an interview Wednesday. For any Senate bills that don't pass Senate committees this week, 'it's going to be very, very difficult for them to move forward,' he said. House Speaker Rep. Brian Evans echoed those sentiments Friday, noting that Monday and Tuesday will likely be heavy bill filing days because waiting to file beyond that will make it really difficult for legislation to make it all the way through the process. Many bills already have been delayed due to drafting, amendments and last-minute changes, as well as waiting on fiscal impact statements, according to Evans, who said he wasn't aware of any urgent or controversial bills that have yet to be filed. The Cabot Republican said he's been speaking with House committee chairs about how to clear their calendars and ensure bills that will be heard are placed on the active agenda. The latter is important for transparency and ensuring constituents have time to make arrangements to speak for or against legislation, he said. In addition to finalizing the state's fiscal year 2026 budget, the Legislature is expected to consider some of Gov. Sarah Huckabee Sanders' policy priorities for the session that have not yet become law. Two such bills are sponsored by Hester: Senate Bill 377, which would eliminate the state's 0.125% grocery sales tax, and Senate Bill 426, the Defense Against Criminal Illegals Act. The latter would mandate that Arkansas law enforcement agencies participate in a federal program that deputizes them to help U.S. Immigration and Customs Enforcement in the apprehension and deportation of undocumented migrants held in local jails and state prisons. Hester said he hopes to present SB 426 for a vote in the Senate Judiciary Committee on Monday. SB 377 is on Monday's Senate Revenue and Tax Committee agenda. Regulating minors' access to cellphones and social media has also been a priority for Sanders. Two bills modeled after federal legislation passed the House with bipartisan support this month: House Bill 1717 is the Arkansas Children and Teens' Online Privacy Protection Act, and House Bill 1726 is the Arkansas Kids Online Safety Act (KOSA). Arkansas panel advances children's online safety and privacy bills modeled after federal efforts Senate committees will make time to consider both bills even if special orders of business are necessary, Hester said. A special order of business compels consideration before other items on a committee agenda. Sanders said in January, during her State of the State address, that the Legislature should amend the Social Media Safety Act of 2023 'so that it's no longer held up in court and can begin to be enforced.' The enjoined law would have been the first in the nation to require minors to receive parental permission before signing up for a social media account. So far no such amendments to the law have been proposed, but Hester said he expects it to 'happen one way or another' since the governor said it is important to her. 'It may be something we don't have to handle because it's getting handled in other ways,' Hester said. 'Maybe we're confident that we're going to end up winning in court. Maybe we're confident that… President [Donald] Trump's executive orders will handle it or something that they're doing on the federal level.' The Senate is set to take up a proposed revamp of the state employee pay plan Monday, which passed the Joint Budget Committee on March 20. Sanders announced the plan in November and said it should make most state employees' salaries competitive with the private sector and improve recruitment and retention. Arkansas lawmakers advance $750 million appropriation bill for prison construction The pay plan has not been controversial, unlike Sanders' plan to build a 3,000-bed prison on 815 acres the state purchased in Franklin County. Earlier this month, the Joint Budget Committee approved a $750 million appropriation for the project, which has sparked frustration from some lawmakers and Franklin County residents. Evans said he anticipates the prison appropriation legislation, Senate Bill 354, will continue generating discussion and could take a couple of tries to meet the required vote threshold in the House. Most bills need a simple majority of lawmakers' support to pass, but budget-related bills need three-fourths of the support of each chamber, or 76 House votes and 27 Senate votes. 'When you're talking about 100 members, it's a lot of different opinions, a lot of different ideas, last-minute questions that come up,' he said. 'Maybe there'll be some folks not vote for it the first time just so that they get some extra time, make sure they have all their questions answered.' Hester said he expects the bill to come before the full Senate on Tuesday. He said he could not predict how the Senate will vote; there is no limit on how many votes an appropriation bill receives before it reaches the three-fourths vote threshold. Sanders urged passage of the appropriation in an Arkansas Democrat-Gazette op-ed Friday and called on state lawmakers to '[r]eject the tired excuses of politicians who don't want criminals behind bars. Fund the prison, public safety, and a better future for all Arkansans.' Sanders has also expressed support for a package of bills that will ban certain interactions between state entities and the Chinese government. She and other Republicans have criticized China's activities in the state, including its past ownership of farmland in Craighead County. Only one of the six bills has been signed into law and the rest are at various stages of the legislative process, but Hester said there is 'nothing more popular with constituents than pushing back on China and what they're doing to us.' Arkansas governor unveils anti-China legislation package Prior to last week's recess, the House State Agencies Committee spent three weeks considering 20 proposed constitutional amendments. Evans anticipates the committee will begin ranking the proposals this week and likely send the top five to the House for further consideration. The Senate has 24 proposals to consider. The Arkansas Legislature can refer three proposed constitutional amendments to voters during a legislation session, with each chamber generally selecting one and jointly selecting a third, Evans said. However, it's not a requirement that lawmakers always refer three amendments, he said. 'I think it's really, really important to understand that just because we can do three, does not mean that we have to do three,' he said. 'But also with the understanding that if we are going to present something forward, refer something out to the public to vote, I think it needs to be something that is really important statewide.' Also this week, Evans said he anticipates Rep. Keith Brooks, a Little Rock Republican who succeeded him as chair of the House Education Committee this year, will run the biannual public school funding bill, which dictates per-student funding. House Bill 1312 was expected to be considered prior to the break, but was held up because it was awaiting a fiscal impact statement, Evans said. Fiscal impact statements explain how much money a bill would cost to implement, and they are compiled by either the Bureau of Legislative Research or the Department of Finance and Administration. The per-pupil funding amount for the current school year is $7,771. If lawmakers approve HB 1312, the amount would increase to $8,162 for the 2025-2026 school year and $8,371 for the following academic year. New bill would dissolve Arkansas State Library and its board, set new library funding criteria Overall, the session has been 'very smooth,' according to Evans, who said he's noticed 'a different feel, a camaraderie in the House' when it comes to 'good policy for all Arkansans.' 'Where things tend to get difficult is when you start looking at policy that's more culture-driven,' he said. 'So while we've had a few of those things that have crept up this session, there hasn't seemed to have been as many. And so the body has really been able to just focus more on policy and members representing their districts, and how that policy's going to affect their district rather than the culture of the district.' One such 'culture-driven' bill is Senate Bill 536, which Sen. Dan Sullivan, R-Jonesboro, filed March 20. It would dissolve the Arkansas State Library and its board after the board did not take what Sullivan said were appropriate actions to keep 'age-inappropriate' materials away from minors. Hester supports SB 536 and has expressed support for Sullivan's past promises to abolish the library board, which has repeatedly refused to divest from the American Library Association and to withhold funding from libraries where 'sexually explicit' materials are within children's reach. 'I don't know how clear we could have been with the library board that they need to take stances to not provide pornography to kids, and they are insistent on it,' Hester said Friday. The General Assembly resumes its work Monday morning. Meeting schedules, agendas and livestreams are available on the Arkansas Legislature's website. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
19-03-2025
- Business
- Yahoo
It's time once again for insurers vs. attorneys in Florida's Legislature
Like a sea monster that emerges every so often to stir up the populace, so too does the never-ending battle in Florida between the insurance industry and plaintiffs attorneys. Three years after insurers persuaded legislators to end 'one-way attorneys fees' that they claimed pushed the industry to the brink of bankruptcy, the 2025 Florida Legislative session began with four new proposals supported by plaintiffs attorneys. Those proposals would reinstate those controversial fees. Only now they are renamed as 'prevailing party' fees. And insurers are warning that they will undo price stabilization they say was made possible by declines in litigation that followed the ban on one-way fees. This year's return of insurers vs. attorneys comes with a new wrinkle: Some lawmakers say they were outraged when they found out in February that insurers break off their administrative functions into separate entities that can generate millions in profits even if the underwriting arms lose money. That outrage, and the report's emergence just before the spring Legislative session, could provide momentum for passage of one of the prevailing party bills this year. As in the past, not all of the most consequential bills will make it to the May 2 finish line this year. Some might not make it to a committee hearing — a necessary first step. Here are key bills generating discussion, beginning with those that have already survived committee hearings: SB 426 (Sen. Jonathan Martin) / HB 1551 (Rep. Hillary Cassel) — Attorney fees would once again be paid to policyholders who prevail in insurance disputes if this bill is enacted. SB 426 requires fees for named or omnibus insured or the 'prevailing party,' while Martin's bill specifies fees would be paid to 'third-party' litigants. The Senate bill would appear to revive incentives for benefit assignees — not just policyholders — to sue insurers. The House version passed 16-1 by the Civil Justice & Claims Subcommittee on March 13. Commenting about the bill to the South Florida Sun Sentinel, Stacey Giulianti, chief legal officer at Boca Raton-based Florida Peninsula Insurance, said the bill would once again give billions to 'trial lawyers' and reverse rate reductions he said resulted from the 2022 reforms. 'They are throwing the consumers under the bus to save a cottage industry of a small number of lawyers,' he said. But Anthony Lopez, CEO of Miami-based law firm Your Insurance Attorney, said the bill would 'help level the playing field for Florida policyholders.' He added, 'It is not fair to a policyholder that is forced to sue their insurance company, win and then have to pay a portion of the money earmarked to fix their home in attorney fees and costs. How are they supposed to fix their homes?' SB 1740 (Sen. Blaise Ingoglia) — Eligibility for $10,000 grants from the My Safe Florida Home Program must result in insurance credits, discounts or other rate differentials under this bill. It would require insurers that apply to operate in Florida to hold reserves of at least $35 million more than they need to pay claims. It would establish that anyone who serves as an officer of an insurance company that becomes insolvent within five years of the insolvency cannot serve as an officer, director, managing general agent or attorney in fact of any other insurer, or its affiliate, in the state. The bill passed 7-0 by Senate Banking and Insurance Committee on March 17 with an amendment barring insurers from solely using artificial intelligence to deny claims. Republican Rep. Yvette Benarroch, of Marco Island, is sponsoring a similar bill in the House. Lopez said the bill would provide 'meaningful protections for Florida policyholders by promoting financial stability in the insurance market and ensuring homeowners receive tangible benefits from mitigation programs.' The ban on officers of failed companies from serving in other companies or affiliates, he said, would protect consumers from 'unstable companies.' Politics | Property insurance bill would repeal 2022 reforms that stabilized the market, insurers say Politics | Suing insurers would become easier under bill that passes first legislative hurdle Politics | Two years after reforms, lawmakers share insurance horror stories Steve Rogosin, owner of Plantation-based insurance agency Rogosin Insurance, said he disagrees with the bill's goal of only providing state funds for improvements that would reduce insurance bills. Some insurers require all of a home's openings to be protected before providing discounts, he said. Providing funds to protect some of them, he said, 'will greatly protect the home' while allowing homeowners to install the rest of their protections at a later time. SB 1656 (Sen. Jay Collins) / HB 1429 (Rep. Tom Fabricio) — This bill compiles changes requested by the Office of Insurance Regulation. It would require rate transparency reports written in precise and plain language to accompany every rate filing and every offer of coverage or policy renewal submitted to policyholders. The bill would require adoption of rules to maintain cybersecurity of consumers' nonpublic insurance data. Insurers would be limited to submitting only two 'use and file' filings per year unless the filing is exclusively related to reinsurance. The report would reveal the percentages of rates attributed to reinsurance, claims costs, defense and containment costs, fees and commissions, profit and contingency and any other factor deemed necessary by regulators. The report must also include any adverse findings by the Office of Insurance Regulation over the previous three years, and whether the insurer uses affiliated entities. The bill would remove property insurers' right to designate county-level rating examples as 'trade secrets' in filings to regulators. It would establish a statewide database of storm-hardening improvements undertaken by homeowners. It would also tighten regulation of warranty service companies, health maintenance organizations, reciprocal insurers and continuing care retirement communities. The Senate version was passed 7-0 by Senate Banking and Insurance Committee on March 17, while Collins said that revisions to the bill would continue as it progresses. During a discussion of the bill at Monday's Senate Banking and Insurance Committee hearing, several residents and officials of Florida's continuing care retirement communities said the proposals would be too expensive. One resident said she liked the bill's proposal to prioritize return-of-entry fees to residents when CCRCs file for bankruptcy. Lisa Miller, former deputy insurance commissioner who is now a consultant, told the Sun Sentinel that requiring transparency reports for rates would not make premiums more understandable to consumers. Instead, she said, 'let's ensure agents explain the (the difference between the) premium and the rate. This discussion should occur at the time of sale.' SB 1508 (Sen. Tom Leek) / HB 1087 (Rep. Randy Maggard) — Policyholders and insurers would be required to participate in mandatory dispute resolution hearings before litigation could commence. Either party could file a petition to the Division of Administrative Hearings. Legal counsel would be permitted but not required. Policyholders requesting hearings would be required to certify that they made a good-faith effort to resolve the dispute. Administrative law judges would have 180 days after petitions are filed to make final determinations. The bill would also require property insurers to pay claims and seek repayment from the homeowner's flood or windstorm insurance provider. Miller said the bill would remove choices for consumers to resolve disputes. She also said that insurers could go bankrupt if required to pay flood claims. Joe Ligman, a plaintiffs attorney based in Palmetto Bay, said the requirement would likely reduce costs and avoid lawsuits, but could be challenged on constitutional grounds. Policyholders would be 'denied due process and a right to a jury trial,' he said. 'The bill gives one person (the administrative law judge) a lot of power.' SB 554 (Sen. Don Gaetz) / HB 451 (Rep. Alex Andrade) — Like the Martin-Cassel bill, insurers say this bill would reopen one-way attorney fees to policyholders and their attorneys who prevail in litigation. Insurers would not be required to pay any of their policyholders' attorneys fees only if an award is less than 20% over what the policyholder demands. Payment of all plaintiffs attorney fees would be required under several circumstances, including if the plaintiff's demand is deemed reasonable by the court. Enactment of the bill would eliminate any risk of policyholders having to pay their insurer's legal fees. Insurers would be required to create reports disclosing all of their subsidiaries, management companies, captive vendors, and reinsurers, as well as their financial relationships with the entities and financial details of the companies and their executive officers. Information obtained would have to be used in rate setting. Other proposals would increase the interest rate on insurance judgments or settlements from 4% to 8% and require insurers and policyholders to share equally in any mediation costs. Ligman says the bill would 'level the playing field' by placing a check on insurers who he says have used the 2022 reforms to increase premiums and make 'huge profits.' He also said the interest rate should be increased to keep up with inflation but pointed out that insurers have always paid for presuit mediation. 'Why should the insured be penalized for disputing an underpaid claim?' he asked. Mark Friedlander, corporate communications director for the industry-funded Insurance Information Institute, said the four bills that would enable policyholders to collect legal fees when they prevail against insurers amount to 'a gateway to the next Florida risk crisis' that would generate 'higher premiums for consumers and businesses while destabilizing the insurance market.' SB 724 (Sen. Jonathan Martin) / HB 599 (Rep. Nan Cobb) — Property owners would be liable for damage to others' properties caused by their trees or shrubs. Currently, landowners are responsible for damage on their own properties regardless of where the fallen tree or shrub is planted. Miller said the bill would 'force homeowners to find their neighbors so the neighbor can file a claim.' She added, 'the administration of this is unworkable.' Ligman called it 'a good bill to force landowners to maintain their trees,' but predicted it might increase litigation. SB 790 (Sen. Jennifer Bradley) / HB 841 (Rep. Adam Botana) — Insurance cancellations or nonrenewals on flood-damaged properties would be allowed only after repairs are complete, and one policy renewal would be required if the damaged property was not covered by flood insurance. Insurance could be canceled or nonrenewed before repairs are completed for reasons such as nonpayment of premiums or fraud. Repaired structures could be deemed insurable by licensed professionals including engineers, architects, and inspectors. Insurance agent Brian Murphy, owner of a Brightway insurance franchise in Palm Beach County, said he agrees with the purpose of the bill. 'Policyholders who complete timely repairs deserve protection,' he said, 'while those who fail to do so after claims are paid should face consequences to ensure market stability.' Christopher W. Heidrick, owner of the Sanibel-based Heidrick & Company agency, said that without the protection provided by the bill, insurers can cancel or nonrenew properties and leave homeowners exposed to damages from another storm and property owners in default of their mortgage loan terms. Most mortgage lenders require borrowers to keep their properties insured. SJR 1190 (Sen. Blaise Ingoglia) — Enactment of the Senate Joint Resolution would send to voters in 2026 a proposed constitutional amendment prohibiting property tax assessments from reflecting higher values resulting from improvements to reduce flood damage risk to a homesteaded properties. SB 1192 (Sen. Blaise Ingoglia) — Would freeze property taxes for 20 years for homeowners who elevate their homes. Miller cautions that the two proposals would deplete counties of needed tax revenues. Murphy questioned whether the bills would benefit the broader market or only a select few who can afford to elevate their homes. SB 1020 (Sen. Ana Maria Rodriguez) / HB 1073 (Rep. Jim Mooney) — Annual rate increases for state-owned Citizens Insurance would be capped at 10% in counties determined by the Office of Insurance Regulation to lack a 'reasonable degree of competition.' Currently that description applies only to Monroe and Miami-Dade counties. Properties designated as X zones by the Federal Emergency Management Agency would be exempted from Citizens' requirement that its customers maintain flood insurance. The bill would also exempt properties that are elevated at least one foot above the flood zone's minimum base flood elevation. SB 1448 (Sen. Nick DiCeglie) / HB 705 (Rep. Jose Alvarez) — Caps on rate increases by Citizens Property Insurance Corp., known as the 'glide path,' would be exempted for new policies written after June 1. Miller supports the bill, saying that new Citizens customers would be charged the 'right' market-based rate while existing customers would be grandfathered in at the subsidized rate. 'It is a great bill,' she said. Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071 or by email at rhurtibise@
