UPDATE – The Survivors
The 2011 Legislative Session has come to a close and the results are in. Check back for an up-to-date status on those bills affecting the insurance industry. For more information email david@radeylaw.com or any of the members of our insurance team.
| Bill Number | Summary | Action by Governor |
| CS HB 97 | Health Insurance – Prohibits certain health insurance policies & health maintenance contracts from providing coverage for abortions; provides exceptions; defines term “state”; provides that certain restrictions on coverage for abortions apply to certain group health insurance policies issued or delivered outside state which provide coverage to residents of state; provides that certain restrictions on coverage for abortions apply to plans under Employee Health Care Access Act. | 6/2/2011 – Signed by the Governor Chapter 2011-111 |
| CS CS HB 99 | Commercial Insurance Rates – Exempts additional categories or kinds of insurance and types of commercial lines risks from certain filing requirements; deletes requirement that rate change notice include total premium written for exempt class; removes requirement that specified types of records and information be retained; requires retention of certain actuarial data; requires specified insurers and rating organizations to incur examination expenses; removes requirement that rating organization maintain certain statistics, etc. | 06/17/2011 – Approved by the Governor |
| CS CS HB 155 | Privacy of Firearm Owners – Provides that licensed practitioner or facility may not record firearm ownership information in patient’s medical record; provides exception; provides that unless information is relevant to patient’s medical care or safety or safety of others, inquiries regarding firearm ownership or possession should not be made; provides exception for EMTS and paramedics; provides that patient may decline to provide information regarding ownership or possession of firearms; clarifies that physician’s authority to choose patients is not altered, etc. | 6/2/2011 – Signed by the Governor Chapter 2011-112 |
| CS CS HB 445 | Wellness or Health Improvement Programs – Authorizes insurers & HMOs to offer voluntary wellness or health improvement program & encourage or reward participation in program by offering rewards or incentives to members; authorizes insurers & HMOs to require plan members not participating in said programs to provide verification that their medical condition warrants nonparticipation in order for nonparticipants to receive rewards or incentives; requires that reward or incentive be disclosed in policy or certificate, etc. | 06/17/2011 – Approved by the Governor |
| CS CS CS CS SB 408 | Property and Casualty Insurance – Specifies a statute of limitation for a breach of a property insurance contract runs from the date of loss. Revises the definition of “losses,” relating to the Florida Hurricane Catastrophe Fund, to include and exclude certain losses. Authorizes an insurer to renegotiate the terms of a surplus note issued before a certain date, etc. | 05/26/2011 – Signed by the Governor Chapter 2011-39 |
| CS CS CS CS HB 479 | Medical Malpractice – Requires DOH to issue expert witness certificates to certain physicians & dentists licensed outside of state; provides application & certification requirements & exemptions for physicians & dentists issued certifications from certain licensure & fee requirements; provides additional grounds for disciplinary actions; etc. | 06/13/2011 – Signed by the Officers and Presented to the Governor |
| CS HB 723 | Reciprocity in Workers’ Compensation Claims – Exempts certain employees working in state & employers of such workers from Florida’s Workers’ Compensation Law under certain conditions; provides requirements for establishment of prima facie evidence that employer carries certain workers’ compensation insurance; requires courts to take judicial notice of construction of certain laws; provides requirements for claims made in other states; provides criteria for employees to be considered temporarily in state; provides application. | 06/17/2011 – Approved by the Governor |
| CS CS CS HB 993 | Rulemaking – Requires that agency include in its notice of intended rulemaking statement whether proposed rule will require legislative ratification; provides for withdrawal of adopted rule that is not ratified by Legislature; clarifies that certain proposed rules are effective only when ratified by Legislature, etc. | 06/09/2011 – Signed by the Officers and Presented to the Governor |
| CS HB 1007 | Insurer Insolvency – Amends provisions relating to Insurance Capital Build-Up Incentive Program; provides for renegotiation of surplus notes issued before specified date; revises surplus requirements for assuming insurers in connection with reinsurance credits; provides for rehabilitation plans for title insurers; provides for surcharges on title insurance policies to collect amount needed to cover assessment for insolvent insurer; authorizes DFS to request appointment as ancillary receiver if necessary for obtaining records to adjudicate covered claims, etc. | 06/09/2011 – Signed by the Officers and Presented to the Governor |
| CS HB 1087 | Insurance – Authorizes payment of workers’ compensation benefits on prepaid card under certain circumstances; revises dates applicable to calculations of annual assessments upon certain workers’ compensation insurers relating to special disability trust fund; provides exemption from having to obtain certificate of authority to insurers that cover only nonresidents of U.S. under certain conditions; requires funds collected for insurer to be held in bank insured by FDIC, etc. | 06/17/2011 – Approved by the Governor |
| CS CS CS HB 1195 | Condominium-Cooperative-Homeowners Associations –Revises & provides various provisions relating to specified condominium, cooperative, & homeowners’ associations, including records, elections, fees, powers, duties, officers, meetings, notices, governance, foreclosure, liens, & bulk assignees & bulk buyers. | |
| CS CS CS SB 1816 | Surplus Lines Insurance – Requires a surplus lines agent to file quarterly on or before a specified time an affidavit stating that all surplus lines insurance transacted during the preceding quarter has been submitted to the Florida Surplus Lines Service Office. Authorizes the Department of Financial Services and the Office of Insurance Regulation to enter into a specified type of agreement with other states pursuant to federal law for the collection and allocation of certain nonadmitted insurance taxes, etc. | 5/26/2011 – Signed by the Governor Chapter 2011-46 |
| HB 4181 | Citizens Property Insurance Corporation – Repeals an obsolete provision of law – s. 215.55951, F.S., which precluded Citizens from increasing rates to cover funds that were to be transferred to Capital Insurance Build-up Fund. | Approved by Governor Chapter 2011-13 |
| HB 4081 | Repeal of Obsolete Insurance Provisions – This bill deletes outdated or obsolete language relating to the following insurance topics:
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Approved by Governor Chapter 2011-11 |
| SM 484 | Discriminatory Taxes/Reinsurance – Urges Congress to oppose any effort to impose new discriminatory taxes that would significantly limit the use of reinsurance provided by companies located outside the United States | Signed by Officers and filed with Secretary of State |