Florida Senate - 2014                             CS for SB 1344
       
       
        
       By the Committee on Banking and Insurance; and Senator Braynon
       
       
       
       
       
       597-02848-14                                          20141344c1
    1                        A bill to be entitled                      
    2         An act relating to insurance association appointments;
    3         amending ss. 627.351 and 766.315, F.S.; revising the
    4         entities that make recommendations to the Chief
    5         Financial Officer for appointment to the board of
    6         governors of the Joint Underwriting Association and
    7         the board of directors of the Florida Birth-Related
    8         Neurological Injury Compensation Association;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (4) of section
   14  627.351, Florida Statutes, is amended to read:
   15         627.351 Insurance risk apportionment plans.—
   16         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
   17         (c) The Joint Underwriting Association shall operate
   18  subject to the supervision and approval of a board of governors
   19  consisting of representatives of five of the insurers
   20  participating in the Joint Underwriting Association, an attorney
   21  to be named by The Florida Bar, a physician to be named by the
   22  Florida Medical Association, a dentist to be named by the
   23  Florida Dental Association, and a hospital representative to be
   24  named by the Florida Hospital Association. The Chief Financial
   25  Officer shall select the representatives of the five insurers.
   26  One insurer representative shall be selected from
   27  recommendations of the American Insurance Association. One
   28  insurer representative shall be selected from recommendations of
   29  the Property Casualty Insurers Association of America Alliance
   30  of American Insurers. One insurer representative shall be
   31  selected from recommendations of the Florida Insurance Council
   32  National Association of Independent Insurers. Two insurer
   33  representatives shall be selected to represent insurers that are
   34  not affiliated with these associations. The board of governors
   35  shall choose, During the first meeting of the board after June
   36  30 of each year, the board shall choose one of its members to
   37  serve as chair of the board and another member to serve as vice
   38  chair of the board. There is shall be no liability on the part
   39  of, and no cause of action of any nature shall arise against,
   40  any member insurer, self-insurer, or its agents or employees,
   41  the Joint Underwriting Association or its agents or employees,
   42  members of the board of governors, or the office or its
   43  representatives for any action taken by them in the performance
   44  of their powers and duties under this subsection.
   45         Section 2. Paragraph (a) of subsection (2) of section
   46  766.315, Florida Statutes, is amended to read:
   47         766.315 Florida Birth-Related Neurological Injury
   48  Compensation Association; board of directors.—
   49         (2)(a) The Chief Financial Officer may select the
   50  representative of the participating physicians from a list of at
   51  least three names to be recommended by the American Congress of
   52  Obstetricians and Gynecologists, District XII Florida Obstetric
   53  and Gynecologic Society; the representative of hospitals from a
   54  list 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 three names, one of which is recommended
   57  by the American Insurance Association, one of which is
   58  recommended by the Florida Insurance Council Alliance of
   59  American Insurers, and one of which is recommended by the
   60  Property Casualty Insurers Association of America National
   61  Association of Independent Insurers; and the representative of
   62  physicians, other than participating physicians, from a list of
   63  three names to be recommended by the Florida Medical Association
   64  and a list of three names to be recommended by the Florida
   65  Osteopathic Medical Association. However, In no case shall the
   66  Chief Financial Officer is not required be bound to make an any
   67  appointment from among the nominees of the such respective
   68  associations.
   69         Section 3. This act shall take effect July 1, 2014.