Legislative Updates – 2012

CS/SB 1428 - Renewal of a Commercial Lines Insurance Policy
Description:

(Compare to HB 941) Providing that the transfer of a policy to certain other insurers is considered a renewal of the policy rather than a cancellation or nonrenewal, etc.

Bill Status:

02/02/2012 - CS by Banking and Insurance - YEAS 8 NAYS 0

SB 1346 - Citizens Property Insurance Corporation
Description:

(Identical to HB 1127) Reducing to 2 percent from 6 percent the amount of the projected deficit in the coastal account for the prior calendar year which is recovered through regular assessments; requiring that remaining projected deficits in personal and commercial lines accounts be recovered through emergency assessments after accounting for the Citizens policyholder surcharge; requiring the Office of Insurance Regulation of the Financial Services Commission to notify assessable insurers and the Florida Surplus Lines Service Office of the dates assessable insurers shall collect and pay emergency assessments, etc.

Bill Status:

01/26/2012 - Favorable by Budget Subcommittee on General Government Appropriations; YEAS 6 NAYS 0; Now in Budget

SB 1318 - Property Loss Appraisals
Description:

(Identical to HB 761) Requiring Citizens Property Insurance Corporation’s plan of operation to provide for the adoption of policy forms that require compliance with certain conditions and procedures relating to the participation of umpires and appraisers in the loss appraisal process under certain circumstances; providing that either party may submit a written demand to enter into the process of appraisal when the insured and the corporation fail to mutually agree to the actual cash value, the amount of loss, or the cost of repair or replacement of property for which a claim has been filed; providing an exception upon which the corporation may refuse to accept such demand, etc.

Bill Status:

01/11/2012 - Referred to Banking and Insurance; Budget

SB 1306 - Long Term Care Insurance
Description:

(Identical to HB 1053) Defining the term “guaranteed renewable” for purposes of the Long-Term Care Insurance Act; providing that continuation or renewal of a guaranteed renewable long-term care insurance policy does not result in the making of a new policy or contract or incorporate certain statutory or regulatory changes into the policy or contract, etc.

Bill Status:

01/11/2012 - Referred to Banking and Insurance; Budget

SB 1232 - OGSR/Personal Injury Protection and Property Damage Liability Insurance Policies
Description:

Amending provisions relating to a public records exemption for personal identifying information and policy numbers in personal injury protection and property damage liability insurance policies; saving the exemption from repeal under the Open Government Sunset Review Act; deleting a provision providing for the repeal of the exemption, etc.

Bill Status:

01/26/2012 - Now in Governmental Oversight and Accountability

SB 1230 - OGSR/Public Records Exemption/Consumer Complaints and Inquiries
Description:

Amending provisions relating to a public records exemption for certain records from consumer complaints and inquiries regarding matters or activities regulated under the Florida Insurance Code or Workers’ Compensation Employee Assistance and Ombudsman Office; saving the exemption from repeal under the Open Government Sunset Review Act; deleting a provision providing for the repeal of the exemption, etc.

Bill Status:

01/26/2012 - Favorable by Banking and Insurance; YEAS 10 NAYS 0; Now in Governmental Oversight and Accountability

SB 1220 - Repeal of Health Insurance Provisions
Description:

(Identical to HB 4139) Deleting a requirement that the Florida Health Insurance Plan’s board of directors annually report to the Governor and the Legislature concerning the Florida Health Insurance Plan; deleting redundant provisions making the implementation of the plan by the board contingent upon certain appropriations; etc.

Bill Status:

01/26/2012 - Favorable by Budget Subcommittee on General Government Appropriations; YEAS 6 NAYS 0; Now in Budget

SB 1190 - Insurance Premium Taxes
Description:

(Similar to HB 1439) Exempting contributions to surplus which are collected by a mutual property and casualty insurance company domiciled in this state from its policyholders from insurance premium taxes under certain circumstances, etc.

Bill Status:

01/10/2012 - Referred to Banking and Insurance; Budget

CS/HB 1101 - Insurance
Description:

(Compare to SB 1620) Exempts salvage motor vehicle dealers from having to carry certain types of insurance coverage; revises provisions specifying which insurers are not subject to filing requirements relating to reinsurance; authorizes DFS to provide examinations in Spanish; provides for costs to be paid by applicants; etc.

Bill Status:

01/31/2012 - Now in Economic Affairs Committee

CS/HB 1065 - Annuities
Description:

(Compare to SB 1476) Provides that recommendations relating to annuities made by insurer or its agents apply to all consumers not just to senior consumers; revises & provides definitions; revises duties of insurers & agents; requires recommendations to be based on consumer suitability information; deletes requirements relating to information that must be collected on forms adopted by rule of DFS, etc.

Bill Status:

02/02/2012 - CS by Insurance and Banking Subcommittee read 1st time

CS/HB 1011 - Warranty Associations
Description:

(Identical to SB 1262) Provides criteria for motor vehicle service agreement company, home warranty association, & service warranty association to effectuate refunds through issuing salesperson or agent; provides recordkeeping requirements; requires salesperson or agent to provide copy of document to service agreement company if requested by DFS; provides requirements of Office of Financial Regulation; provides exception to requirement that motor vehicle service agreement companies, home warranty associations, & service warranty associations undergo periodic examinations, etc.

Bill Status:

01/23/2012 CS by Insurance and Banking Subcommittee read 1st time; Now in Government Operations Appropriations Subcommittee

CS/HB 941 - Commercial Lines Insurance Policies
Description:

(Similar to SB 1428) Authorizes insurer to transfer commercial lines policy; requires insurer to provide notice before transferring policy; provides application.

Bill Status:

01/27/2012 - CS by Economic Affairs Committee; on Calendar - read 1st time

HB 833 - Florida Hurricane Catastrophe Fund
Description:

(Identical to SB 1372) Revises definitions of “retention” & “corporation”; provides for calculation of insurer’s reimbursement premium & retention under reimbursement contract; revises coverage levels available under reimbursement contract; revises aggregate coverage limits; provides for phase-in of changes to coverage levels & limits; revises cash build-up factor included in reimbursement premiums; provides for phase-in; reduces maximum allowable emergency assessments; changes name of Florida Hurricane Catastrophe Fund Finance Corporation…

Bill Status:

01/17/2012 - Workshkopped by Insurance and Banking Subcommittee

CS/SB 826 - Title Insurance Claims
Description:

(Identical to HB 941) Providing that after a specified time, a title insurer must pay the claim or cover the insured’s costs until the claim is cured, etc.

Bill Status:

01/31/2012 - CS by Banking and Insurance read 1st time

CS/HB 725 - Insurance Agents and Adjusters
Description:

(Similar to SB 938; Compare to HB 771 and SB 1820) Deletes title insurer administrative surcharge for licensed title insurance agency; deletes requirement that insurer pay agent tax for each county in which agent represents insurer & has place of business; revises definitions of “adjuster” & “home state”; revises provisions relating to who may bind insurance coverage; provides that applicant is responsible for information in application even if completed by third party; requires application to include statement about method used to meet certain requirements…

Bill Status:

01/23/2012 - Now in Government Operations Appropriations Subcommittee

SB 676 - Workers’ Compensation Certificate-of-exemption Process
Description:

(Identical to HB 307; Compare to HB 5505) Revising requirements relating to election of exemption from coverage to include applicability to members of limited liability companies; revising requirements for submitting a notice of election of exemption; revising duties of the Department of Financial Services relating to the expiration of certificates of exemption; expanding applicability of requirements relating to certificates of exemption, etc.

Bill Status:

01/26/2012 - Favorable by Commerce and Tourism; YEAS 6 NAYS 0; Now in Budget Subcommittee on General Government Appropriations

SB 668 - Workers' Compensation Medical Services
Description:

(Identical to HB 511) Revising requirements for determining the amount of a reimbursement for repackaged or relabeled prescription medication; providing limitations, etc.

Bill Status:

01/23/2012 - In Health Regulation

CS/CS/HB 645 - Public Records/Title Insurance Data/DFS
Description:

(Link with HB 643; Compare to SB 1404 and SB 1406) Provides exemption from public records requirements for proprietary business information provided by title insurance agencies & insurers to OIR; provides definition; authorizes disclosure of aggregated information; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Bill Status:

01/27/2012 - CS/CS by Government Operations Subcommittee read 1st time

CS/CS/SB 610 - Captive Insurance
Description:

(Similar to HB 379) Expanding the kinds of insurance for which a captive insurer may seek licensure; limiting the risks that certain captive insurers may insure; specifying requirements and conditions relating to a captive insurer’s authority to conduct business; specifying certain fees to be paid by captive insurance companies; requiring biographical affidavits, background investigations, and fingerprint cards for all officers and directors; providing restrictions on officers and directors involved with insolvent insurers under certain conditions; etc.

Bill Status:

01/17/2012 - CS/CS by Budget Subcommittee on General Government Appropriations read 1st time

CS/SB 578 - Depopulation Programs of Citizens Property Insurance Corporation
Description:

(Similar to HB 245; Compare to SB 1784) Providing that eligible surplus lines insurers may participate, in the same manner and on the same terms as an authorized insurer, in depopulation, take-out, or keep-out programs relating to policies removed from Citizens Property Insurance Corporation, etc.

Bill Status:

01/17/2012 - CS by Budget Subcommittee on General Government Appropriations read 1st time

HB 427 - Civil Remedies Against Insurers
Description:

(Identical to SB 1224) Requires that before bringing common-law bad faith action against insurer, party bringing action must first provide to DOI & insurer prior written notification of specified number of days; requires notice relating to bringing of common-law claim of bad faith must specify common-law duty violated by insurer; requires notice to specify amount of moneys that insurer has failed to tender or pay if specific statutory or common-law based violation includes such failure; provides that circumstances giving rise to statutory or common-law based violations are corrected by specifically described monetary tenders by insurer; provides that either third-party claimant or insured is entitled to general release, etc.

Bill Status:

01/31/2012 - Unfavorable by Civil Justice Subcommittee, laid on Table; YEAS 7 NAYS 8

HB 409 - Alien Insurers
Description:

(Compare to SB 1844) Revises provision exempting alien insurers from being required to obtain certificate of authority; specifies that alien insurer is exempt from having to obtain certificate of authority if such insurer only engages in specified activities relating to delivery of insurance policies or contracts to nonresident policy owners; revises definition of term “nonresident”.

Bill Status:

01/30/2012 - CS by Insurance and Banking Subcommittee; YEAS 12 NAYS 0

CS/CS/HB 379 - Captive Insurance
Description:

(Similar to SB 610) Expands kinds of insurance for which captive insurer may seek licensure; limits risks certain captive insurers may insure; specifies requirements & conditions relating to captive insurer’s authority to conduct business; requires before licensure captive insurers must file or submit to OIR specified information, documents, & statements; requires captive insurance company to file specific evidence with office relating to financial condition & quality of management & operations of company; etc.

Bill Status:

01/23/2012 - Placed on Calendar; CS/CS by Economic Affairs Committee read 1st time

HB 311 - Insurance
Description:

Amends & creates provisions relating to acquisition of controlling stock with respect to stock & mutual insurers; includes prepaid limited health service organizations, health maintenance organizations, prepaid health clinics, continuing care providers, & multiple-employer welfare arrangements within definition of term “insurer”; provides that person may not acquire domestic stock insurer or controlling company unless such person has filed with Commissioner of Insurance & sent to insurer statement containing specified information & offer, request, invitation, agreement, or acquisition has been approved by commissioner, etc.

Bill Status:

Referred to Insurance and Banking Subcommittee; Rulemaking and Regulation Subcommittee; Health and Human Services Committee; Economic Affairs Committee

SB 254 - Motor Vehicle Personal Injury Protection Insurance
Description:

(Compare to CS/HB 119) Revising provisions relating to the contents of written reports of motor vehicle crashes; requiring that an application for licensure as a mobile clinic include a statement regarding insurance fraud; defining the term “no-fault law”; adding licensed acupuncturists to the list of practitioners authorized to provide, supervise, order, or prescribe services; providing that an insurer’s failure to send certain specification or explanation waives other grounds for rejecting an invalid claim, etc.

Bill Status:

Introduced

CS/CS/HB 245 - Depopulation Programs of Citizens Property Insurance Corporation
Description:

(Similar to SB 578; Compare to SB 1784) Provides that eligible surplus lines insurers may participate, in same manner & on same terms as authorized insurer, in depopulation, take-out, or keep-out programs relating to policies removed from Citizens Property Insurance Corporation; provides exceptions, conditions, & requirements relating to participation by surplus lines insurer in corporation’s depopulation, take-out, or keep-out programs…

Bill Status:

02/03/2012 - CS passed as amended; YEAS 66 NAYS 48