TEST Colodny Fass Insurance-Related Florida Legislative Bill Tracking Summary: Week Ending February 18, 2011

 

Colodny Fass presents its weekly bill tracking report for the week ending February 18, 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:

 

HB 803 relating to Property and Casualty Insurance by State Representative John Wood

HB 803 would revise the minimum surplus required of certain insurers and authorize the Florida Office of Insurance Regulation (“OIR”) to reduce surplus requirements.  The bill also revises provisions related to federal multiple-peril crop insurance, the frequency that an insurer may use same accountant to prepare a financial report and requirements for insurer communication with a public adjuster to reach an agreement related to a covered loss.  Should it become law, HB 803 would prohibit a public adjuster from restricting reasonable access to an insured or the insured’s property.  It would also require the OIR to issue approval of a file and use filing, rather than notice of intent to approve.  The bill would rename Citizens Property Insurance Corporation’s (“Citizens”) “high-risk account” as the “coastal account” and revise conditions for imposing a Citizens policyholder surcharge.  HB 803 would require delivery of a “Notice of Change in Policy Terms.”  Further, it would require that a policyholder enter into a contract for performance of building and structural repairs and allow an insurer to limit its initial payment for losses to personal property.  It would revise provisions of law relating to sinkhole coverage and provide a criminal penalty for accepting rebates from persons performing related repairs.   Sellers of real property would be required to provide to provide a buyer with a copy of sinkhole inspection reports and certifications.  The bill provides that a neutral evaluator is an agent of the Florida Department of Financial Services for purposes of immunity from suit.  Effective date:  July 1, 2011, except as otherwise provided

 

HB 4171 relating to Mold-Related Services by State Representative J.W. Grant

HB 4171 would repeal provisions of law relating to the Florida Department of Business and Professional Regulation’s mold-related services licensing program and related regulation of mold assessment and remediation, examination, licensure, continuing education, and discipline of mold assessors and mold remediators, as well as certification of corporations and partnerships offering mold assessment or mold remediation to the public.  Effective date: July 1, 2011 

 

HB 723 relating to State Reciprocity in Workers’ Compensation by State Representative Mike Weinstein

HB 723 would exempt certain employees working in the state and employers of such workers from Florida’s Workers’ Compensation Law under certain conditions.  The bill would provide requirements for the establishment of prima facie evidence that an employer carries certain workers’ compensation insurance and would require courts to take judicial notice of the construction of certain laws.  Should it become law, HB 723 would authorize the Florida Division of Workers’ Compensation to enter into agreements with workers’ compensation agencies of other states for certain purposes.  The bill also would provide requirements for claims made in other states, as well as criteria for employees to be considered as being temporarily in the state.   Effective date:  July 1, 2011.

 

SB 1068 relating to the Department of Financial Services by Senator Alan Hays

SB 1068 would revise duties of the Florida Division of Consumer Services.  The bill also would revise criteria for premiums charged to State agencies and departments for purposes of the State Risk Management Trust Fund.  Should it become law, SB 1068 would amend reporting requirements for the Florida Department of Financial Services and the Florida Department of Management Services on the State insurance program.   Further, the bill would require the Florida Division of Risk Management to analyze and report on certain agency return-to-work programs and activities.  Certain agencies would be required to establish and maintain return-to-work programs for certain employees.   Effective date:  July 1, 2011

 

SB 1182 relating to the State Board of Administration by Senator Jeremy Ring

SB 1182 would authorize the State Board of Administration (“Board”) to invest the assets of a governmental entity in the Local Government Surplus Funds Trust Fund without a trust agreement with that governmental entity.  The bill provides that certain investments made by the Board under a trust agreement are subject only to the restrictions and limitations contained in the trust agreement and clarifies provisions prohibiting certain conflicts of interest by investment advisers and managers retained by the Board.  Effective date:  July 1, 2011

 

 

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

 

To unsubscribe from this newsletter please send an email to bellis@cftlaw.com.