FPCA: Florida House Insurance & Banking Subcommittee Report–April 5

During its meeting on Tuesday, April 5, 2011, the House Insurance & Banking Subcommittee considered a Proposed Committee Substitute (“CS/HB 803“), sponsored by Representative John Wood (R-Haines City), along with 27 amendments.  Of the 27 amendments before the Committee, 20 were filed by Rep. Evan Jenne (D-Fort Lauderdale), and were perceived as “hostile” and failed accordingly.  Following the consideration of all amendments, CS/HB 803 as amended was considered, and passed favorably. 

Following the introduction of CS/HB 803 by Rep. Wood, the Committee entered into the amendatory process and took the following actions:

• Amendment 1 filed by the Committee, corrects a technical error in CS/HB 803 and was ADOPTED without questions, debate, or testimony.
• Amendments 2-5, and 7 filed by Rep. Jenne, relating to deregulating public adjusters, were all viewed as hostile and FAILED.
• Amendment 6 filed by Rep. Joseph Abruzzo (D-Wellington) was WITHDRAWN.
• Amendments 8-11 filed by Rep. Jenne, amending § 627.062, F.S., governing rate filings, FAILED.
• Amendment 12 filed by Rep. Jenne, amending § 627.0629, F.S., governing residential property insurance; rate filings, FAILED.
• Amendment 13 filed by Rep. Jenne, deleting provision permitting an insurer to cancel a policy with 45 days notice under § 627.4133, F.S., FAILED.
• Amendment 14 filed by Rep. Jenne, deleing the creation of § 627.43141, relating to notice of change in policy terms, FAILED
• Amendment 15 filed by Rep. Jenne, relating to § 627.7011, F.S., governing homeowners’ policies; offer of replacement cost coverage and law and ordinance coverage, FAILED.
• Amendment 16 filed by Rep. Mack Bernard (D-West Palm Beach), relating to legislative intent, FAILED.
• Amendment 17 filed by Rep. Jenne, deleting the definition of “structural damage,” FAILED.
• Amendment 18 filed by Rep. Jenne, removing requirement that sinkhole claims be filed within 3 years, FAILED.
• Amendment 19 filed by Rep. Jenne, repealing requirement for a sinkhole database, FAILED.
• Amendment 20 filed by Rep. Jenne, deleting prohibition against rebating related to sinkhole repairs, FAILED.
• Amendment 21 filed by Rep. Jenne, deleting filing of report as precondition to accepting payment for a sinkhole loss, FAILED.
• Amendments 22-23 filed by Rep. Jenne, deleting provisions relating to neutral evaluator, FAILED.
• Amendment 24 filed by Rep. Wood, clarifies language overlooked in drafting, ADOPTED.
• Amendment 25 filed by Rep. Wood, clarifies language overlooked in drafting, ADOPTED.
• Amendment 26 filed by Rep. Daniel Davis (R-Jacksonville) was WITHDRAWN.
• Amendment 27 filed by Rep. Erik (R-Miami) was WITHDRAWN.

The Committee returned to the bill as amended and after no questions were raised, several persons presented public testimony in support of the bill, including William Stander on behalf of Property Casualty Insurers Association of America.  Rep. Wood closed on the bill, a vote was taken, and CS/HB 803 passed favorably.  One additional motion was made, without objection, for bill drafting to make technical changes to the bill. 

Should you have any questions or comments, please contact Katie Webb (kwebb@cftlaw.com) at Colodny Fass.

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