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2006 Legislative Session Review

The Florida College of Emergency Physicians specifically targeted several areas of legislative efforts in 2006, primarily:

  Joint & Several Liability,
  Personal Injury Protection (PIP),
  EMLRC Funding,
  Board Certification,
  Advance Directives and
  An Education Course for
   Motorcycle Riders.


  Overview of the 2006 Legislative Session by FCEP Lobbyist Toni Large

Overview of the 2006 Legislative Session

By FCEP Lobbyist Toni Large

FCEP Lobbyist
Toni Large

The 2006 Session was marked with one theme, “nothing is certain.” The best illustration of this was the internal conflict in the Florida Senate. Shortly after the start of Session, Senator Alex Villalobos was unseated as the next Senate President by a coup led by Senator Jeff Atwater and Senator J.D. Alexander. This triggered a series of events that pitted loyal Villalobos supporters against the more conservative Republican caucus supporting Senator Atwater as the Senate President, following Senator Ken Pruitt’s term. The infighting resulted in the failure of key initiatives for Governor Jeb Bush during his final year in office, including a failure of vouchers and changes to the class size amendment. Senator Villalobos was also asked to step down as Senate Majority Leader because of these key votes.

In painting this picture of how politics played out in the Florida Senate, everything else seemed to follow the same course - nothing was certain. Though vouchers and the class size issue failed, abolishment of the doctrine of joint and several was eliminated, surprising many by its successful passage early in the session. FCEP had joined forces with other interest groups through the Florida Justice Reform Institute to lobby the legislature as a united voice for needed change in this tort arena. The House of Medicine had similar results this session. Again, nothing was certain. Legislation was defeated that would have allowed naturopaths to be licensed; pharmacists to administer flu shots; and ARNPs to prescribe controlled substances.

On the other hand, one key initiative that would require expert witness certificates for out of state doctors testifying in malpractices cases in Florida failed on a tie vote in the Senate Judiciary Committee. FCEP’s top three issues were accomplished, despite the atmosphere of uncertainty. In addition to the passage of joint and several, the Florida legislature extended the sunset date by two years for personal injury protection, or PIP coverage (the sunset date is extended until Jan. 1, 2009). The bill passed without a medical fee schedule opposed by FCEP. The bill was heavily lobbied by the insurance industry that supported sweeping reform and/or abolishment of the insurance coverage for injured drivers. The debate offered FCEP the opportunity to continue to educate legislators of the lifesaving care emergency physicians provide across Florida, especially during the critical minutes following a serious auto accident. Many legislators voiced support in protecting the safety net of emergency care and also distinguished emergency care as a “fraud-free” component of the PIP benefit. The bill now heads to the Governor for his consideration.

The Emergency Medicine Learning and Resource Center also received an appropriation of $500,000 to fund education and training for emergency care providers throughout Florida. This was a huge victory in a year when most available dollars were allotted to Citizens Property Insurance to begin to eliminate their huge deficit prior to the start of the 2006 Hurricane season. But, the bad news is that this appropriation received a line item veto from Governor Bush.

The issue of board certification, though supported by numerous legislators, did not receive successful passage during the Session. FCEP had forwarded an amendment that would have required the Florida Board of Medicine to only recognize certifying agencies which require specialty-specific residency training from this point forward.

Though the 2006 Session has ended, the hard work of each of our members has just begun as we move into the November election cycle, and the campaign work that occurs over the summer. We will continue to keep you informed as the governor reviews the bills passed by the legislature and decides whether to sign them into law or use his veto power. We’ll also keep membership informed of key campaigns across the state with pro-medicine candidates.

Toni Large is the Director of Governmental Affairs at the Law Firm of Roetzel & Andress. Toni and Wilbur Brewton were retained prior to the 2005 Session to represent FCEP before the Florida Legislature. Prior to joining the firm, Toni was the Legislative Affairs Director at the Agency for Health Care Administration from 1999-2004, and served as a Senior Legislative Assistant to the Florida Legislature both in the Florida Senate and
the Florida House of Representatives from 1995-99.