The ninth and final week of the 2010 Legislative Session came to a close on April 30. As usual, a frantic flurry of legislative activity took place as members tried to get bills passed and sent to the governor before sine die. Although a number of bad controversial bills passed the Florida House and Senate that deservedly received negative press, there was also good bipartisan legislation that passed. In light of the negative stories that were reported during session, this month I wanted to highlight two important bills that passed the Florida Legislature during the last week of session and are awaiting Governor Crist’s signature.
SB 2272, the "Pill Mill Bill"
After a long journey through the legislative process, the Florida House and Senate unanimously passed SB 2272, also known as the "Pill Mill Bill." This bill takes another step forward by building upon legislation I sponsored in the 2009 session. After working with my colleagues in both the House and Senate, the final bill includes a number of much needed changes to Florida law to enhance the fight against illegitimate pain-management clinics. I am pleased that SB 2272 maintains the existing Prescription Drug Monitoring Program (PDMP) and includes language similar to my legislation, HB 671, to prohibit convicted felons from owning such clinics.
In addition, the bill would limit physicians in pain-management clinics from dispensing more than a 72-hour supply of controlled substances to a patient paying by cash, check or credit card without insurance; require physicians wishing to practice in a pain-management clinic to have completed a pain medicine fellowship or residency, or be recognized as a specialist in pain by the appropriate licensing board; limit ownership to physicians, and prohibit physicians in pain-management clinics from advertising or promoting the use, sale or dispensing of a controlled substance. Lastly, pain-management clinics will be required to register with the Department of Health (DOH) and be annually inspected to ensure compliance with the new law.
SB 1196, Condominium/Homeowners Association Reform Legislation
The Florida House and Senate passed SB 1196, which is a major condominium/homeowners association reform bill. Many of the provisions from my legislation, HB 959, are included in the bill.
Among other things, once SB 1196 is signed into law, condominium buildings of less than four stories in height constructed with exterior walkways will be exempt from retrofit requirements for manual fire alarms. Condominium and homeowners associations will have statutory authority to collect delinquent assessments directly from tenants when the owner is delinquent. The requirement that condominium owners purchase individual unit insurance will be repealed. The deadline for retrofitting fire sprinklers will be extended from 2014 to 2019. The legislation allows condominium or homeowners associations to suspend the use rights to common areas and recreational amenities of an owner or occupant when the owner is more than 90 days delinquent in a financial obligation due the association. Also, the responsibility of a mortgagee for delinquent assessments will be increased from 6 months to 12 months or 1% of the original mortgage balance, whichever is less.
As always, I appreciate the opportunity to be of service to you. Please do not hesitate to contact me or my staff if you have any questions or concerns. Our district office number is (561) 470-6593.
Kelly Skidmore
State Representative, District 90