Bill Text: FL S0636 | 2011 | Regular Session | Introduced
Bill Title: Repeal of Obsolete Insurance Provisions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-06 - Read 2nd time -SJ 361 [S0636 Detail]
Download: Florida-2011-S0636-Introduced.html
Florida Senate - 2011 SB 636
By Senator Simmons
22-00648-11 2011636__
1 A bill to be entitled
2 An act relating to the repeal of obsolete insurance
3 provisions; amending s. 215.5595, F.S.; deleting an
4 obsolete requirement for the State Board of
5 Administration to transfer to the Citizens Property
6 Insurance Corporation certain funds of the Insurance
7 Capital Build-Up Incentive Program; amending s.
8 627.311, F.S.; deleting an obsolete presuit notice
9 requirement for the Florida Automobile Joint
10 Underwriting Association; amending s. 627.706, F.S.;
11 deleting an obsolete form filing deadline for sinkhole
12 coverage; amending s. 627.7065, F.S.; deleting an
13 obsolete reporting requirement for activities relating
14 to the sinkhole database; repealing s. 627.7077, F.S.,
15 relating to a feasibility and cost-benefit study of a
16 Florida Sinkhole Insurance Facility and other matters
17 related to affordability and availability of sinkhole
18 insurance; amending s. 627.712, F.S.; deleting an
19 obsolete effective date for the exclusion of windstorm
20 and contents coverage; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (11) of section 215.5595, Florida
25 Statutes, is amended to read:
26 215.5595 Insurance Capital Build-Up Incentive Program.—
27 (11) On January 15, 2009, the State Board of Administration
28 shall transfer to Citizens Property Insurance Corporation any
29 funds that have not been committed or reserved for insurers
30 approved to receive such funds under the program, from the funds
31 that were transferred from Citizens Property Insurance
32 Corporation in 2008-2009 for such purposes.
33 Section 2. Paragraph (k) of subsection (3) of section
34 627.311, Florida Statutes, is amended to read:
35 627.311 Joint underwriters and joint reinsurers; public
36 records and public meetings exemptions.—
37 (3) The office may, after consultation with insurers
38 licensed to write automobile insurance in this state, approve a
39 joint underwriting plan for purposes of equitable apportionment
40 or sharing among insurers of automobile liability insurance and
41 other motor vehicle insurance, as an alternate to the plan
42 required in s. 627.351(1). All insurers authorized to write
43 automobile insurance in this state shall subscribe to the plan
44 and participate therein. The plan shall be subject to continuous
45 review by the office which may at any time disapprove the entire
46 plan or any part thereof if it determines that conditions have
47 changed since prior approval and that in view of the purposes of
48 the plan changes are warranted. Any disapproval by the office
49 shall be subject to the provisions of chapter 120. The Florida
50 Automobile Joint Underwriting Association is created under the
51 plan. The plan and the association:
52 (k)1. Shall have no liability, and no cause of action of
53 any nature shall arise against any member insurer or its agents
54 or employees, agents or employees of the association, members of
55 the board of governors of the association, the Chief Financial
56 Officer, or the office or its representatives for any action
57 taken by them in the performance of their duties or
58 responsibilities under this subsection. Such immunity does not
59 apply to actions for or arising out of breach of any contract or
60 agreement pertaining to insurance, or any willful tort.
61 2. Notwithstanding the requirements of s. 624.155(3)(a), as
62 a condition precedent to bringing an action against the plan
63 under s. 624.155, the department and the plan must have been
64 given 90 days’ written notice of the violation. If the
65 department returns a notice for lack of specificity, the 90-day
66 time period shall not begin until a proper notice is filed. This
67 notice must comply with the information requirements of s.
68 624.155(3)(b). Effective October 1, 2007, this subparagraph
69 shall expire unless reenacted by the Legislature prior to that
70 date.
71 Section 3. Subsections (4) and (5) of section 627.706,
72 Florida Statutes, are renumbered as subsections (3) and (4),
73 respectively, and present subsection (3) of that section is
74 amended to read:
75 627.706 Sinkhole insurance; catastrophic ground cover
76 collapse; definitions.—
77 (3) On or before June 1, 2007, every insurer authorized to
78 transact property insurance in this state shall make a proper
79 filing with the office for the purpose of extending the
80 appropriate forms of property insurance to include coverage for
81 catastrophic ground cover collapse or for sinkhole losses.
82 Coverage for catastrophic ground cover collapse may not go into
83 effect until the effective date provided for in the filing
84 approved by the office.
85 Section 4. Subsection (6) of section 627.7065, Florida
86 Statutes, is renumbered as subsection (5), and present
87 subsection (5) of that section is amended to read:
88 627.7065 Database of information relating to sinkholes; the
89 Department of Financial Services and the Department of
90 Environmental Protection.—
91 (5) The Department of Environmental Protection, in
92 consultation with the Department of Financial Services, shall
93 present a report of activities relating to the sinkhole
94 database, including recommendations regarding the database and
95 similar matters, to the Governor, the Speaker of the House of
96 Representatives, the President of the Senate, and the Chief
97 Financial Officer by December 31, 2005. The report may consider
98 the need for the Legislature to create an entity to study the
99 increase in sinkhole activity in the state and other similar
100 issues relating to sinkhole damage, including recommendations
101 and costs for staffing the entity. The report may include other
102 information, as appropriate.
103 Section 5. Section 627.7077, Florida Statutes, is repealed.
104 Section 6. Subsection (7) of section 627.712, Florida
105 Statutes, is amended to read:
106 627.712 Residential windstorm coverage required;
107 availability of exclusions for windstorm or contents.—
108 (7) This section is effective July 1, 2007, but the office
109 may delay application of this section until a date no later than
110 October 1, 2007, upon approval by the Financial Services
111 Commission.
112 Section 7. This act shall take effect July 1, 2011.
