Capitol to Courthouse Daily Florida Insurance Report: Wednesday, February 23

Feb 23, 2011

 

 

To go directly to the section of your choice, click on a hyperlink below.   Other hyperlinks to meeting information, bills and news are noted in bold type.

 

 

 

Daily Florida Insurance-Related Events

 

  • 2:00 p.m. — Florida Hurricane Catastrophe Fund Advisory Council meeting.  The Council will meet to approve the filing of a Notice of Change for proposed Rules 19-8.029, “Insurer Reporting Requirements,” and 19-8.030, “Insurer Responsibilities,” and to file these proposed Rules and their incorporated forms for adoption as amended.  Teleconference:  888-808-6959; conference code:  4765251363.  To view the meeting notice, click here.  To view the agenda, click here.

 

 

Daily Florida Insurance-Related Bills Filed for 2011

 

SB 1286 relating to State Reciprocity In Workers’ Compensation Claims by Senator Mike Bennett

SB 1286 would provide extraterritorial coverage, while exempting certain employees working in Florida and the employers of such employees from Florida workers’ compensation law under certain conditions.  Should it become law, the bill would provide requirements for the establishment of prima facie evidence that an employer carries certain workers’ compensation insurance.  It also would require courts to take judicial notice of the construction of certain laws.   SB 1286 would further authorize the Florida Division of Workers’ Compensation to enter into agreements with the workers’ compensation agencies of other states for certain purposes.  Effective date:  July 1, 2011

 

HB 933 relating to Employee Leasing Companies by State Representative Matt Gaetz

HB 933 would require an employee licensing company to carry workers’ compensation insurance and provide notice when an employee leasing agreement is terminated.  It would require a client company to provide certain written information regarding certain contractual relationships.  The bill sets a deadline to provide notice when a client company enters into subcontractor agreements and would require an employee leasing company to secure workers’ compensation insurance before obtaining or renewing a license.  HB 933 provides for certain circumstances that would require a person to become an employee of a leasing company and require a client company to report the hiring of specified employees, carry workers’ compensation for such employees and be liable for the payment of workers’ compensation for failure to report certain information.  The bill would require employee leasing companies to notify each leased employee or specified client company of the termination of a employee leasing agreement.  It also would establish a period in which a specified leased employee would no longer be covered by workers’ compensation and also require issuance of multiple coordinated policies to employee leasing companies when they obtain workers’ compensation.  HB 933 would require a client company to apply its experience rating modification factor to workers’ compensation charges made by an employee leasing company under a specified condition, as well as require a client company that meets a specified condition to have its own experience rating modification factor used by a workers’ compensation carrier.  Employee leasing companies that meet specified conditions would be required to provide a client company with certain records.  The bill also specifies that immunity from liability would apply only under a specified condition.  HB 933 would delete a provision of law that allows a lessor to make certain decisions regarding workers’ compensation.  It would also require a lessor applying for, or covered under workers’ compensation to provide certain information to an insurer.  Finally, it would revise the time period in which to notify all those covered under a workers’ compensation policy of the cancellation of such policy.  Effective date:  July 1, 2011

 

HB 893 relating to the (Florida) Division of Emergency Management by State Representative Peter Nehr

HB 893 would transfer the intact Florida Division of Emergency Management (“DEM”) from the Florida Department of Community Affairs (“DCA”) to Executive Office of Governor as of July 1, 2011.  It would create a new section of Florida law that would provide for the appointment of the DEM by the Florida Governor.  Under the direction of the Governor, the DEM would collaborate and coordinate with the DCA on non-emergency response matters, including, but not limited to, disaster recovery programs, grant programs, mitigation programs and emergency matters related to comprehensive plans.

 

 

Daily Insurance-Related News

 

Blog:  Sweeping property insurance bill clears first hurdle

A broad property insurance bill allowing certain rate hikes and eliminating a requirement that insurers offer full sinkhole coverage cleared its first legislative committee Tuesday after three meetings and intense debate.

 

Senate panel holds “oral arguments” on whether to change bad faith laws

The Senate Judiciary Committee on Tuesday took two hours of what Sen. Anitere Flores, R-Miami, and chair of the panel described as “oral arguments.”

 

Wall Street Journal:  Praise for Rick Scott and a Thrashing for Charlie Crist

Charlie Crist is gone, but not forgotten by the Wall Street Journal.

  • To read the complete Wall Street Journal Editorial, click here.

 

Homeowners Choice Announces Planned Alabama Expansion

Homeowners Choice, Inc., a Florida-based insurance holding company, announced today that it has taken initial steps to enter the Alabama homeowners insurance market, its first market outside of Florida.

 

Miami, Orlando Make U.S, News and World Report’s 10 Most Dangerous Cities

These cities have the highest overall crime rates in the United States

Crime rates in the United States have dropped significantly in the last two decades and continue to be on a steady downward trajectory, according to FBI figures.

 

Associations Seek Reform for Florida’s PIP System

Citing statistics from the National Insurance Crime Bureau that ranks Florida as first in the nation for questionable auto insurance claims, three associations representing insurance and business interests are pushing for legislative reforms for the state’s personal injury protection (PIP) system and launching a website to spotlight the problem.

 

Bilirakis brings FEMA oversight role to Pasco

When U.S. Representative Gus Bilirakis was touring emergency response agencies in the area, his first stop was the Pasco County Office of Emergency Management.    

 

Governor and Cabinet reverse growth agency decision on major development

Governor Rick Scott and the Cabinet on Tuesday approved a development plan for more than 5,000 acres in Volusia County after the Florida Department of Community Affairs reversed its opposition under a new administration.

 

Senate backs off unemployment tax hike for some employers

Senator Nancy Detert says she took out tax hike “to give ourselves time to come up with a more creative solution.”

 

Senate agrees to loosen its pension bill

A Senate committee agreed Tuesday to tone down its pension-reform plan after local government unions warned it would have punished city workers and hurt healthy retirement funds.

 

House committee passes controversial environmental and agricultural bills

A House committee on Thursday approved three of the most controversial environmental bills to arise prior to the start of the 2011 session.

 

Legislators push for more control over state auditors

New rules would also wipe out sunset review of agencies and require a day-long review of “conforming” bills.

 

Blog:  Scott orders investigation into agency for disabled

Governor Rick Scott ordered an audit of the Agency for Persons with Disabilities the day after his hand-picked head of the agency Carl Littlefield abruptly resigned.

 

Blog:  Fuzzy math clouds Florida tobacco tax ‘windfall’

A Senate bill that would add a 40-cent-per-pack tax on the state’s No. 2 cigarette seller is touted as a financial windfall for Florida.

 

Blog:  Transportation secretary is one of many openings in Governor Rick Scott’s administration

Florida Governor Rick Scott has yet to name the state’s top transportation official, but already he has installed the agency’s chief of staff, hired its lawyer and pulled the trigger on a major decision to blow up plans for high-speed rail.

 

Governor Scott wants to bring ‘Return on Investment’ to state agencies

Governor Rick Scott, who has sparked protests among public employees whose pension and insurance benefits would be dramatically changed by his budget-cutting policies, said today the standoff in Wisconsin is the start of “a good discussion” about bringing private-sector business practices to state government operations.

 

Christie Signs New Jersey Captive Bill Into Law

Governor Chris Christie signed into law legislation that enables New Jersey to license and regulate captive insurance companies, creating a new industry in the state.

 

Court:  New York broker disclosure law not retroactive

The New York Court of Appeals has ruled that insurance brokers do not have to have to disclose incentive arrangements with insurers that were entered into before New York’s disclosure regulation took effect Jan. 1.

 

Alabama To Hold Session on Coastal Insurance

Governor Robert Bentley renews a campaign pledge to find a solution for coastal residents seeking homeowners insurance.

 

Texas Windstorm Insurance Litigation Costs Too High, Lawmaker Says

The amount the Texas Windstorm Insurance Association has paid out in litigation costs as a result of lawsuits stemming from Hurricane Ike claims is far too high, says one Texas lawmaker who’s working on legislation aimed at curbing such costs in the future.

 

North Carolina Plans Public Hearing on Dwelling Rate Hikes

North Carolina Insurance Commissioner Wayne Goodwin has called for a June 21 public hearing on a proposed 20.9 percent rate increase in dwelling fire and extended coverage rates after the Department of Insurance ruled that some portions of the filing were not justified.

 

United Kingdom Unveils Financial Regulatory Changes

The United Kingdom’s Conservative government recently announced the long-awaited regulatory reform proposals for financial services, covering both banks and insurers.

 

 

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