Colodny Fass Insurance-Related Florida Legislative Bill Tracking Summary: Week Ending February 25, 2011

 

Colodny Fass presents its weekly bill tracking report for the week ending February 25, 2011.

This report, which is attached, is designed to assist in following pending priority state-level insurance issues during the 2011 Florida Legislative Session.  It will be updated and circulated weekly until the final two weeks of the Session, whereafter it will be circulated with daily updates.

Florida’s 2011 Regular Legislative Session begins on March 8 and runs through May 6. 

For easy reference and accessibility, the summary organizes and tracks activity related to key insurance topics.  As these develop throughout the legislative process, other bills of interest will be added.  

Bills that have been updated from the previous week’s summary are marked in orange as “UPDATED.”  The following insurance-related bills have been added and are marked in red as “NEW” on the attached summary:

 

SB 885 relating to Residential Property Insurance by State Representative John Wood

SB 885 would authorize an insurer to use a residential rate that differs from filed rates after a specified date.  The bill specifies the maximum difference between rates; limits the percentage of rate increases; requires inclusion of a statement relating to an insurer’s current or future ability to cover specified probable maximum loss (“PML”); requires certification relating to an insurer’s ability to actually cover specified PML; provides that certain rates are void if an insurer fails to maintain sufficient funds or coverages to cover specified PML; provides refunds and credits if insurer fails to maintain sufficient funds or coverages to cover specified PML; requires acknowledgment from an applicant and certain policyholders relating to surcharges and assessments; specifies that the signed acknowledgment creates evidentiary presumption; specifies circumstances under which insurers may offer or renew residential policies; prohibits insurers from procuring coverage under the Florida Hurricane Catastrophe Fund’s Temporary Increase in Coverage Limits option; requires specific notices to applicant or insured; requires Citizens Property Insurance Corporation premium estimates and signed acknowledgments; specifies ineligible types of policies; requires an insurer to have resources to cover specified PML in order to offer or renew certain policies.  Effective date:  upon becoming a law

SB 1330   Relating to Residential Property Insurance by Senator Alan Hays

SB 1330 would authorize an insurer to use a rate for residential property insurance that differs from its otherwise filed rate after a specified date under certain circumstances.   The bill would also require insurance agents to obtain a signed acknowledgment from an applicant for coverage and certain policyholders relating to surcharges and assessments potentially being imposed under a Citizens Property Insurance Corporation policy.   The bill specifies circumstances under which an insurer may offer or renew residential property insurance policies subject to the amendments to provisions contained in this act.  Effective date:  upon becoming law, except as otherwise provided

HB 4181  Relating to Prohibited Activities of Citizens Property Insurance Corporation by State Representative Daniel Davis

HB 4181 would repeal a statute relating to an obsolete prohibition against Citizens Property Insurance Corporation using certain amendments or transfers of funds for rate or assessment increase purposes. Effective date:  July 1, 2011

HB 947 relating to Property Insurance Appraisal Umpires and Property Insurance Appraisers by State Representative Frank Artiles 

HB 947 would provide license application, issuance, biennial renewal or continuation fees for property insurance appraisal umpires and property insurance appraisers.  For purposes of the Florida Licensing Procedures Law, the bill would define the terms “property insurance loss appraiser” and “property insurance appraisal umpire.”  Should it become law, it also would provide that property insurance appraisal umpires and property insurance appraisers are subject to powers of the Florida Department of Financial Services (“DFS”), the Financial Services Commission and the Florida Office of Insurance Regulation.  Property insurance appraisal umpires and property insurance appraisers operating in Florida would be required to be licensed by DFS.  Further, HB 947 would provide procedures for application, qualifications,  and professional and educational requirements for licensure as both a property insurance appraisal umpire and property insurance appraiser.  All applicants would be required to be fingerprinted by a law enforcement agency or other entity approved by the DFS at the time of application.  Also, the bill would require the DFS to develop and maintain an updated list of licensed umpires and licensed property insurance appraisers.  Property insurance appraisal umpire and property insurance appraiser course providers, instructors and courses also would be regulated by HB 947.   Effective date:  July 1, 2011

SB 1252 relating to Persons Designated to Receive Insurer Notification by Senator Chris Smith

SB 1252 would change the designated person or persons who must be notified by an insurer from the “insured” to the “first-named insured” in situations involving the nonrenewal, renewal premium, cancellation or termination of workers’ compensation, employer liability, or certain property and casualty insurance coverage. The bill also would change the designated person or persons who must be notified by an insurer from the “insured” to the “first-named insured” in certain situations involving the cancellation or nonrenewal of motor vehicle insurance coverage.  Effective date: July 1, 2011

SB 1244 relating to Mold-Related Services by Senator Jim Norman

SB 1244 would repeal provisions relating to the mold-related services licensing program of the Florida Department of Business and Professional Regulation, the regulation of mold assessment and mold remediation, the examination, licensure, continuing education, discipline of mold assessors and mold remediators, and the certification of corporations and partnerships offering mold assessment or mold remediation to the public.  Effective date:  July 1, 2011

HB 849 relating to Building Construction and Inspection by State Representative Daniel Davis

Among other provisions relating to the Florida Building Code and Florida Building Commission, HB 849 would revise criteria for mitigation inspectors whose signature insurers must accept on the Uniform Mitigation Verification Inspection Form and revise requirements for the content of written home inspection reports, as well as provide alternative licensing criteria for home inspectors for a specified period.  It also would expand categories of persons who may be certified as qualified for license by endorsement as home inspectors and revises continuing education requirements for licensed home inspectors.  Should it become law, the bill would require that the Florida Department of Business and Professional Regulation establish criteria for the approval of continuing education providers and courses and would revise conditions under which referrals by brokers or agents to home inspectors or inspection companies are prohibited.  A companion to SB 396.  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

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 967 relating to Personal Injury Protection Insurance by State Representative Mike Horner

HB 967 would provide that circuit courts have exclusive original jurisdiction of unresolved arbitration actions involving Florida Motor Vehicle No-Fault Law.  The bill would require that requests for disclosure of certain information be by certified mail.  Should it become law, the bill would revise a reference to Medicare Part B payments as the schedule for an insurer’s discretionary use when limiting reimbursement of certain medical services, supplies and care.  In addition, the bill specifies a Medicare fee schedule or payment limitation that is to be used by an insurer to limit reimbursements and requires both the insured and any assignee to cooperate under the terms of the policy.  Effective date:  upon becoming law

SB 1226 Relating to Health Care Fraud by Senator Arthenia Joyner

SB 1226 would revise the grounds under which the Florida Department of Health (“DOH”) or corresponding board is required to refuse to admit a candidate to an examination and refuse to issue or renew a license, certificate or registration of a health care practitioner.  The bill also would provide an exception, as well as require the DOH to adopt related rules.   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.

 

 

 

Should you have any questions or comments, please contact Colodny Fass.

 

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