Florida Senate - 2014 SB 1344
By Senator Braynon
36-01159-14 20141344__
1 A bill to be entitled
2 An act relating to insurance association appointments;
3 amending ss. 627.351 and 766.315, F.S.; substituting
4 the Property Casualty Insurers Association of America
5 for other insurance associations that make
6 recommendations to the Chief Financial Officer for
7 appointment to the board of governors of the Joint
8 Underwriting Association and the board of directors of
9 the Florida Birth-Related Neurological Injury
10 Compensation Association; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (c) of subsection (4) of section
15 627.351, Florida Statutes, is amended to read:
16 627.351 Insurance risk apportionment plans.—
17 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
18 (c) The Joint Underwriting Association shall operate
19 subject to the supervision and approval of a board of governors
20 consisting of representatives of five of the insurers
21 participating in the Joint Underwriting Association, an attorney
22 to be named by The Florida Bar, a physician to be named by the
23 Florida Medical Association, a dentist to be named by the
24 Florida Dental Association, and a hospital representative to be
25 named by the Florida Hospital Association. The Chief Financial
26 Officer shall select the representatives of the five insurers.
27 One insurer representative shall be selected from
28 recommendations of the American Insurance Association. One
29 insurer representative shall be selected from recommendations of
30 the Property Casualty Insurers Association of America Alliance
31 of American Insurers. One insurer representative shall be
32 selected from recommendations of the National Association of
33 Independent Insurers. Three Two insurer representatives shall be
34 selected to represent insurers that are not affiliated with
35 these associations. The board of governors shall choose, During
36 the first meeting of the board after June 30 of each year, the
37 board shall choose one of its members to serve as chair of the
38 board and another member to serve as vice chair of the board.
39 There is shall be no liability on the part of, and no cause of
40 action of any nature shall arise against, any member insurer,
41 self-insurer, or its agents or employees, the Joint Underwriting
42 Association or its agents or employees, members of the board of
43 governors, or the office or its representatives for any action
44 taken by them in the performance of their powers and duties
45 under this subsection.
46 Section 2. Paragraph (a) of subsection (2) of section
47 766.315, Florida Statutes, is amended to read:
48 766.315 Florida Birth-Related Neurological Injury
49 Compensation Association; board of directors.—
50 (2)(a) The Chief Financial Officer may select the
51 representative of the participating physicians from a list of at
52 least three names to be recommended by the Florida Obstetric and
53 Gynecologic Society; the representative of hospitals from a list
54 of at least three names to be recommended by the Florida
55 Hospital Association; the representative of casualty insurers
56 from a list of at least two three names, one of which is
57 recommended by the American Insurance Association, one by the
58 Alliance of American Insurers, and one of which is recommended
59 by the Property Casualty Insurers Association of America
60 National Association of Independent Insurers; and the
61 representative of physicians, other than participating
62 physicians, from a list of three names to be recommended by the
63 Florida Medical Association and a list of three names to be
64 recommended by the Florida Osteopathic Medical Association.
65 However, In no case shall the Chief Financial Officer is not
66 required be bound to make an any appointment from among the
67 nominees of the such respective associations.
68 Section 3. This act shall take effect July 1, 2014.