Senate Bill sb1662c1
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    Florida Senate - 2005                           CS for SB 1662
    By the Committee on Judiciary; and Senators Fasano and Atwater
    590-1855-05
  1                      A bill to be entitled
  2         An act relating to insurance; amending s.
  3         626.901, F.S.; revising an exception from the
  4         prohibition against representing or aiding
  5         unauthorized insurers; providing for immediate
  6         cease-and-desist orders for violations of the
  7         prohibition; providing legislative findings;
  8         authorizing investigations of activities that
  9         may constitute violations of the prohibition;
10         amending s. 626.902, F.S.; providing an
11         exception from penalty provisions for a person
12         who cooperates with the office to administer
13         the Unauthorized Insurers Process Law; amending
14         s. 626.908, F.S.; providing conditions on
15         defenses of certain actions against
16         unauthorized insurers and persons representing
17         or aiding them; prescribing a time limit on
18         motions to quash or set aside service of
19         process in actions against such unauthorized
20         insurers and other persons; providing an
21         effective date.
22  
23  Be It Enacted by the Legislature of the State of Florida:
24  
25         Section 1.  Subsection (4) of section 626.901, Florida
26  Statutes, is amended, and subsections (5) and (6) are added to
27  that section, to read:
28         626.901  Representing or aiding unauthorized insurer
29  prohibited.--
30         (4)  This section does not apply to:
31  
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    Florida Senate - 2005                           CS for SB 1662
    590-1855-05
 1         (a)  Matters authorized to be done by the office under
 2  the Unauthorized Insurers Process Law, ss. 626.904-626.912.
 3         (b)  Surplus lines insurance when written pursuant to
 4  the Surplus Lines Law, ss. 626.913-626.937.
 5         (c)  Transactions as to which a certificate of
 6  authority is not required of an insurer, as stated in s.
 7  624.402.
 8         (d)  Independently procured coverage written pursuant
 9  to s. 626.938 which is not solicited, marketed, negotiated, or
10  sold in this state.
11         (5)  The office or department may, pursuant to s.
12  120.569 and in its discretion and without advance notice or
13  hearing, issue an immediate final order to cease and desist to
14  any person or entity that violates this section. The
15  Legislature finds that a violation of this section constitutes
16  an imminent and immediate threat to the health, safety, and
17  welfare of the residents of this state.
18         (6)  The office may investigate the accounts, records,
19  documents, and transactions pertaining to the activities of
20  any unauthorized insurer or person, as defined in s. 624.04,
21  which is or may be aiding or representing an unauthorized
22  insurer.
23         Section 2.  Subsection (3) is added to section 626.902,
24  Florida Statutes, to read:
25         626.902  Penalty for representing unauthorized
26  insurer.--
27         (3)  This section does not apply to actions of a person
28  who is assisting the office at its direction in the
29  administration of its responsibilities under ss.
30  626.904-626.912, the Unauthorized Insurers Process Law.
31  
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    Florida Senate - 2005                           CS for SB 1662
    590-1855-05
 1         Section 3.  Subsections (1) and (3) of section 626.908,
 2  Florida Statutes, are amended to read:
 3         626.908  Defense of action by unauthorized insurer or
 4  person representing or aiding such insurer; damages and
 5  attorney fee.--
 6         (1)  Before an unauthorized insurer or person
 7  representing or aiding such insurer files or causes to be
 8  filed any pleading in any action or proceeding instituted
 9  against it under s. ss. 626.906, s. and 626.907, or s. 626.909
10  or a suit instituted by the office or the department enforcing
11  agency action against unauthorized insurers under s. 120.69,
12  an unauthorized insurer or person representing or aiding such
13  insurer shall:
14         (a)  Procure a certificate of authority to transact
15  insurance in this state, or
16         (b)  Deposit with the clerk of the court in which such
17  action or proceeding is pending cash or securities or file
18  with such clerk a bond with good and sufficient sureties, to
19  be approved by the court, in an amount to be fixed by the
20  court sufficient to secure the payment of any final judgment
21  which may be rendered in such action.  The court may in its
22  discretion make an order dispensing with such deposit or bond
23  where the insurer makes a showing satisfactory to the court
24  that it maintains in a state of the United States funds or
25  securities, in trust or otherwise, sufficient and available to
26  satisfy any final judgment which may be entered in such action
27  or proceeding, and that the insurer or person representing or
28  aiding such insurer will pay any final judgment entered
29  therein without requiring suit to be brought on such judgment
30  in the state where such funds or securities are located, and
31  that if, nevertheless, such suit is brought on such final
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    Florida Senate - 2005                           CS for SB 1662
    590-1855-05
 1  judgment the insurer or person representing or aiding such
 2  insurer shall waive all defenses thereto.
 3         (c)  Any proof, evidence, or testimony in support of
 4  such motion shall be taken in the jurisdiction of the court in
 5  which the action or proceeding is pending.
 6         (d)  If the unauthorized insurer or person representing
 7  or aiding such insurer seeks to take discovery or de bene esse
 8  depositions of witnesses beyond the jurisdiction of the court
 9  in which the action is pending, upon seasonable application by
10  the plaintiff, the court by appropriate order shall require
11  the unauthorized insurer or person representing or aiding such
12  insurer, before such depositions are taken, to make similar
13  deposit as described in paragraph (b), in sufficient amount to
14  pay the reasonable expenses of the plaintiff and his or her
15  attorney in attending the taking of such depositions,
16  including reasonable attorney's fees to be fixed by the court.
17         (3)  Nothing in subsection (1) is to be construed to
18  prevent an unauthorized insurer or person representing or
19  aiding such insurer from filing, within 30 days after service,
20  a motion to quash or to set aside the service of any process
21  made in the manner provided in s. 626.907 hereof on the ground
22  either:
23         (a)  That such unauthorized insurer or person
24  representing or aiding such insurer has not done any of the
25  acts enumerated in s. 626.906; or
26         (b)  That the person on whom service was made pursuant
27  to s. 626.907(2) was not doing any of the acts therein
28  enumerated.
29         Section 4.  This act shall take effect July 1, 2005.
30  
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    Florida Senate - 2005                           CS for SB 1662
    590-1855-05
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1662
 3                                 
 4  The committee substitute clarifies the exception provided in
    the bill from penalties for representing unauthorized
 5  insurers.  The committee substitute specifies that the
    penalties do not apply to actions of persons who assist the
 6  Office of Insurance Regulation in the administration of its
    duties under the Unauthorized Insurers Process Law (ss.
 7  626.904-626.912, F.S.).
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