House, Senate Committees Approve Surplus Lines Bills
Apr 20, 2009
Bills relating to surplus lines were considered and passed by legislative committees in both the Florida House and Senate today, April 20, 2009.
As originally drafted, both bills were intended to retroactively correct the ruling in Essex v. Zota decision that resulted in part of Chapter 627, F.S. now applying to surplus lines insurers.
HB 853 relating to Surplus Lines by State Representative Pat Patterson
During consideration of House Bill 853 by the House General Government Policy Council, Representative Patterson offered a strike-everything amendment to the bill that would require surplus lines insurers to make various disclosures regarding surplus lines policies issued, in addition to maintaining the provision specifying that Chapter 627, F.S. does not apply to surplus lines insurers. Representative Patterson’s amendment was adopted.
After extensive debate during the meeting, two Trial Bar-friendly amendments to HB 853 offered by State Representative Rick Kriseman were defeated. The first of these amendments would have subjected surplus lines insurers to a variety of requirements contained in Chapter 627, F.S. The second amendment would have removed the bill’s existing retroactive provision.
The Council approved HB 853 by a vote of 13-2. The bill now proceeds to the House Floor for consideration.
CS/SB 1894 relating to Insurance/Surplus Lines by the Senate Committee on Judiciary
Also today, the Senate Finance and Tax Committee heard Senate Bill 1894, to which four amendments had been filed.
Two Trial Bar-friendly amendments to CS/SB 1894 by Senator Jeremy Ring were withdrawn today, as was an amendment by Senator Charlie Justice. A technical amendment offered by Senator Bennett was adopted.
Although CS/SB 1894 was approved today by a vote of 3 to 2, it must yet proceed to the Senate General Government Appropriations Committee and the Senate Policy and Steering Committee on Ways and Means.
For additional information on Florida’s legislative process and terminology, click here.
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