When the state legislature finally finds itself face-to-face with an issue such as whether to re-enact or rewrite Florida's automobile personal injury protection (PIP) law, it is with the full knowledge that there will be no easy path to a solution. Among other things, lawmakers know they will be confronted by a relentless full court press on the part of the insurance industry, health care providers, and the trial bar, all of which are dedicated to either rewriting the law in their favor or preserving the advantages afforded them by retaining the status quo. Lawmakers also know they can only duck these issues for so long given the short length of the 60-day session. Still, as the legislative session opened, Senate lawmakers signaled they were in no hurry to tackle the more contentious PIP issues as they executed a time-tested legislative sidestep onto firmer political ground by launching a public battle against fraud.

Background

Looking back, there are probably a large number of lawmakers who regret they supported placing a provision in a 2003 auto PIP bill, which calls for the law to sunset in 2007 unless reenacted by the legislature this year. And already a number of lawmakers are going on record as saying they will only support repealing the sunset provision. Senate Banking and Insurance Vice Chair Steven Gellar (D-Hallandale Beach) made it clear at the committee's first meeting where he stood. “It is my recommendation that we made major changes in 2003 that have not yet made their way through the system and therefore we should reenact the PIP law,” he said.