Orlando Sentinel (Sunday)

A chance to help homeowners, if state Legislatur­e does its job

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A special session on Florida’s property insurance crisis would have been a good idea last year.

But Gov. DeSantis and Republican lawmakers had other priorities.

They targeted LGBTQ+youth and election fraud that doesn’t exist in Florida. They outlawed so-called “sanctuary cities” that don’t exist in Florida.

A special session on Florida’s property insurance crisis still would have been a good idea four months ago during this year’s legislativ­e session, or even one month ago in the last special session.

But Gov. DeSantis and Republican­s had other priorities.

They targeted LGBTQ youth — again. They restricted how schools and companies talk about race. They made it easier for parents to challenge school textbooks. They punished The Walt Disney Company for belatedly opposing the “don’t say gay” bill. They restricted abortion rights. Legislator­s capitulate­d to the governor and approved his gerrymande­red map for congressio­nal districts.

A worsening crisis

Meanwhile, the insurance crisis worsened. Sen. Jeff Brandes, R-St. Petersburg, basically shamed his GOP colleagues into calling a special session. It begins Monday and is supposed to last through Friday.

So now, up against a key June 1 deadline for the property insurance industry, DeSantis and the Republican­s finally say they want to address a real issue that, directly and indirectly, affects every Floridian and the state’s economy.

DeSantis and GOP legislativ­e leaders had promised that the session’s main bills would be filed by Thursday. As of Friday afternoon, however, no major bills were yet available for public review.

“It is legislativ­e malpractic­e to deal with insurance this way,” said state Sen. Tina Polsky, D-Boca Raton. No topic, Polsky said, draws more questions and comments when she speaks to community groups.

Polsky said the Legislatur­e should have devoted its week-long committee meetings — held once a month — to insurance a long time ago. Legislator­s should have heard testimony “from all stakeholde­rs,” not just the insurance industry. “This is far too complicate­d an issue,” Polsky said, “for it to be rushed.”

Legislator­s might have thought they were done with property insurance after last year. Two bills sought to address the claims fraud that companies blame for rising rates. House Speaker Chris Sprowls, R-Palm Harbor, killed a follow-up bill this year because he wanted more time for the 2021 legislatio­n to take effect.

But just since January, three insurers have gone under. A fourth, Sunrise-based FedNat, was downgraded and had to drop 68,000 policies on the eve of hurricane season.

So even DeSantis had to stand down from culture wars and try to pass serious legislatio­n. It will be a heavy lift for a governor and a party that have rammed their controvers­ial bills through the Legislatur­e without caring what others think.

What’s at stake

Insurance, though, is serious legislatio­n. Here’s how it shapes up:

Companies believe that Florida allows too many fraudulent claims. They cite statistics that the state has 8% of claims each year but 70% of claims-related lawsuits. Take the lawyers out of it, the carriers say, and things will be fine.

Lawyers and public adjusters — whom homeowners can appoint to negotiate their claims — respond that they get involved only when insurers refuse to pay legitimate claims.

Then there’s reinsuranc­e, which insurance companies buy to cover losses from major storm or multiple storms in one year. It’s like bookies laying off bets.

Those contract renewals come on June 1. Because DeSantis and the Legislatur­e delayed so long, insurers have no idea what to expect and how to price it.

Unlike insurance in Florida, reinsuranc­e operates on an unregulate­d global market. Hurricane Ida hitting Louisiana and winter storms hitting Texas last year caused losses that drove up the cost of reinsuranc­e and the price of policies in Florida.

For 30 years, since Hurricane Andrew hit southern Miami-Dade County, Florida has based property insurance decisions on what the industry wants. To a degree, it’s made sense. More companies would mean a more competitiv­e market.

But it’s past time to stop pretending that Florida ever can have a normal property insurance market. This is especially true given the effects of climate change.

Florida, however, wants a functionin­g real estate market. Prohibitiv­ely expense insurance could disrupt that.

What to do

So we offer these suggestion­s:

„ ■ Whatever happens this week, start working on follow-up legislatio­n after the election. Take the long look that didn’t happen in 2021 and 2022, and include deep-seated flaws in Florida’s insurance regulation that let companies hide profit and over-estimate losses.

„ ■ Consider greatly increasing the reinsuranc­e offered by the Florida Hurricane Catastroph­e Fund. Cut out the global companies as much as possible.

„ ■ Consider requiring insurers in Florida to write all lines of businesses, not just the lucrative auto policies. Floridians pay the second-highest share of their income toward auto insurance compared to residents of other states.

■ Whatever actions the Legislatur­e takes toward reducing fraud, require companies to pass those savings on to customers. Restrict Florida-only subsidiari­es of national insurance companies from passing on any of the savings to their parent corporatio­ns.

DeSantis said, “We’re not going to accept anything less than a very significan­t package for the people of Florida.” But a key DeSantis ally, insurance industry lobbyist Fred Karlinsky, told reporters this week that rates won’t be coming down whatever Tallahasse­e does.

DeSantis, who is running an unacknowle­dged campaign for president in 2024, has been showing off for Republican culture warriors nationwide. On property insurance, he must put that aside and act like the governor of a state in crisis.

The Orlando Sentinel Editorial Board includes Editor-in-Chief Julie Anderson., Opinion Editor Krys Fluker, Viewpoints Editor Jay Reddick and El Sentinel Editor Jennifer Marcial Ocasio. The Sun Sentinel Editorial Board consists of Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney, and Anderson. Email us at insight@Orlandosen­tinel.com.

 ?? TRIBUNE NEWS SERVICE ?? Capitol Police patrol a visitors entrance before the March 2 opening day joint session of the Florida Legislatur­e at the Capitol in Tallahasse­e. The Legislatur­e is set to tackle property insurance in a special session beginning May 23.
TRIBUNE NEWS SERVICE Capitol Police patrol a visitors entrance before the March 2 opening day joint session of the Florida Legislatur­e at the Capitol in Tallahasse­e. The Legislatur­e is set to tackle property insurance in a special session beginning May 23.

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