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Florida Surplus Lines Association

Governor Actions - Signings & Veto's

Special Capitol Report
Florida CapitalLegislative Summary Update- Governor Actions as of June 1, 2010
By: Douglas A. Mang, Mang Law Firm, P.A.

2010 Florida Legislative Session Update- GOVERNOR'S ACTIONS (As of 6/1/2010)


As anticipated, the Governor vetoed the main Property Insurance package as passed by the Legislature.  Senate bill 2044 by Senator Richter would have increased the minimum surplus requirements for new residential property insurers, expanded the current expedited rate filing procedure for property insurers to include a rate adjustment for reinsurance costs, and allowed an insurer to cancel or nonrenew a property insurance policy upon a minimum of 45 days' notice, as well as several other provisions worked out between the industry, the Office of Insurance Regulation, and the Legislature.  With the Governor still urging the Legislature to call a Special Session to address the off-shore drilling ban issue this summer, the Property Insurance package might be re-visited as well.  However, with the Governor's recent vetoes and current political climate in Florida, a resolution on any issue at this point will be a tough sell.

 

The Governor also vetoed House bill 545 relating to Residential Sales by Representative Patterson.  It would have repealed the second part of the 'disclosure phase-in', which required disclosure of windstorm mitigation ratings, before it takes effect in January 2011.  Sellers of homes located in the wind borne debris region would 'not' have been required (originally starting January 2011) to disclose the home's windstorm mitigation rating, thereby saving sellers of homes located in the wind borne debris region, the cost of a windstorm mitigation inspection.

 

The Governor however did sign Senate bill 2176 relating to Commercial Deregulation by Senator Peaden.  Provides that rates for certain commercial insurance products will now be excluded from the OIR's filing and prior approval process provided the products meet three criteria, 1- There are many competing insurers selling these products; 2- The insured risk of these products are not subject to catastrophic losses such as hurricanes; and 3- The customers of these products are generally sophisticated buyers.  The lines specifically:

            * Excess or umbrella

            * Surety and fidelity

            * Boiler and machinery and leakage and fire extinguishing equipment

            * Errors and omissions

            * Directors and officers, employment practices, and management liability

            * Intellectual property and patent infringement liability

            *Advertising injury and Internet liability insurance

            *Property risks rated under a highly protected risks rating plan

            *Any other commercial lines categories or kinds of insurance or types of commercial                     lines risks that the OIR determines should not be subject to the rating provisions.

 

Insurers will now be required to notify the OIR within 30 days of changes to rates for these products and to maintain supporting data subject to audit by OIR.  The rates for these products continue to be subject to current law, which authorizes OIR to review rates utilized by an insurer at any time, and in the event, rates are found to be excessive, inadequate or unfairly discriminatory, to disapprove them and require new rates.  The bill also removes professional liability from products exempted from filing requirements; limits commercial motor vehicle to fleets, which is defined as 20 or more vehicles; and clarifies that the rates for the products in the bill will continue to be subject to the provisions in current law that rates cannot be excessive, unfairly discriminatory or inadequate.

 

The bill also includes provisions that were contained in SB 212, which provides a broader interpretation of workers' compensation benefits payable to off-duty deputy sheriffs to include, but not be limited to, providing security, patrol, or traffic direction for a private employer.  

 

Additional language dealt with the regulation of Medicare supplement policies by revising provisions related to unfair methods of competition and unfair or deceptive acts to provide that this section does not prohibit a Medicare supplement insurer from providing a premium credit to an insured for using an in-network inpatient facility.  

 

The provisions contained in SB 2618, were also included.  It reduces much of the regulatory oversight that OIR currently exercises over warranty associations, and creates new prohibited acts and adds new criminal penalties to the statutes that regulate warranty associations.

 

* Effective January 1, 2011 (except for specific sections, which are effective 6/1/10.)

 

The Governor also approved Hb 159 relating to Guaranty Associations by Rep. Legg.  The bill makes changes to the Florida Insurance Guaranty Association (FIGA), the Florida Life and Health Insurance Guaranty Association (FLAHIGA), and the Florida Workers' Compensation Insurance Guaranty Association (FWCIGA).  Combines the two automobile accounts in FIGA (auto liability and auto physical damage accounts) and changes the assessment recoupment process insurance companies use to recoup assessments levied by FIGA from their policyholders by removing the requirement that insurance companies must do a rate filing to pass through a FIGA assessment to the companies' policyholders.  The bill also makes FWCIGA, rather than FIGA, responsible for covering employment liability claims of insolvent workers' compensation insurers.  The maximum amount FWCIGA will pay for employers liability claims is $300,000 (i.e. the same as FIGA's coverage limit on these claims).
*Effective July 1, 2010.

  

Other bills Approved by the Governor include:

 

*Senate bill 846- Residential Fire Sprinkler Requirements by Senator Bennett.  It provides that provisions in section R313 of the most recent version of the International Residential Code relating to mandatory fire sprinklers (currently requiring the installation of automatic fire sprinkler systems in newly constructed one-family and two-family residential dwellings and townhouses) shall not be included in the Florida Building Code; or adopted as a local amendment to the code.  Also prohibits a local government from requiring a property owner to install fire sprinklers in any residential property based on its use or reclassification as a rental property.  *Effective 5/26/10

 

*Senate bill 1196 relating to Community Associations by Senator Fasano.  Creates the "Distressed Condominium Relief Act" to define the extent to which successors to the developer, including the construction lender after a foreclosure and other bulk buyers and bulk assignees of condominium units, may be responsible for implied warranties.  Revises laws related to community associations, including condominium, homeowners', and cooperative associations, and with respect to property insurance, specifically:

Sb 1460 Cat Fund Contract Year by Sen. Richter.  Corrects an inadvertent error as a result of legislation passed in 2009 which changed the contract year of the Florida Hurricane Catastrophe Fund to January 1st through December 31st (a calendar year), starting January 1, 2011.   This shortening of the contract year to 7 months caused an accounting problem for insurers due to the acceleration of the recognition of an insurer's expense resulting in potential solvency difficulties for insurers.  The bill changes the Cat Funds contract year 'back' to June 1st through May 31st.  The bill also changes the retention multiple formula in calculating an insurer's retention, by using exposure from "two years" prior (as opposed to "one year" provided under current law) in calculating the retention factor.  This will enable property insurers to obtain Cat Fund reinsurance earlier in the year and be able to more accurately assess their need for additional private reinsurance in advance of the upcoming hurricane season.   * Effective 4/15/10.

 

*Hb 7217 Florida Hurricane Catastrophe Fund ("Cat Fund") Emergency Assessments.   The bill continues the exemption of medical malpractice insurance premiums from the Cat Fund emergency assessment for three years, from May 31, 2010 to May 31, 2013.  Effective 5/27/10.

 

 Up Coming Events>>                                                                                                                                                                                                           

Amelia Island Plantation
50th Annual Florida Surplus Lines Convention
uly 22-24, 2010
Amelia Island Plantation
Amelia Island, FL. 

 
Sincerely,

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Bruce E. Bowers
President, Florida Surplus Lines Association
  Copyright 2009 Florida Surplus Lines Association