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.
   22  Be It Enacted by the Legislature of the State of Florida:
   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.