Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 359, 1st Eng.
       
       
       
       
       
       
                                Ì681156/Î681156                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             05/04/2017 10:16 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Substitute for Amendment (505904) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (2) of section 177.041, Florida
    7  Statutes, is amended to read:
    8         177.041 Boundary survey and title certification required.
    9  Every plat or replat of a subdivision submitted to the approving
   10  agency of the local governing body must be accompanied by:
   11         (2) A title opinion of an attorney at law licensed in
   12  Florida or a property information report certification by an
   13  abstractor or a title company showing that record title to the
   14  land as described and shown on the plat is in the name of the
   15  person, persons, corporation, or entity executing the
   16  dedication. The title opinion or property information report
   17  must certification shall also show all mortgages not satisfied
   18  or released of record nor otherwise terminated by law.
   19         Section 2. Subsection (16) of section 177.091, Florida
   20  Statutes, is amended to read:
   21         177.091 Plats made for recording.—Every plat of a
   22  subdivision offered for recording shall conform to the
   23  following:
   24         (16) Location and width of proposed easements and existing
   25  easements identified in the title opinion or property
   26  information report certification required by s. 177.041(2) must
   27  shall be shown on the plat or in the notes or legend, and their
   28  intended use shall be clearly stated. Where easements are not
   29  coincident with property lines, they must be labeled with
   30  bearings and distances and tied to the principal lot, tract, or
   31  right-of-way.
   32         Section 3. Paragraph (a) of subsection (5) of section
   33  197.502, Florida Statutes, is amended to read:
   34         197.502 Application for obtaining tax deed by holder of tax
   35  sale certificate; fees.—
   36         (5)(a) The tax collector may contract with a title company
   37  or an abstract company to provide the minimum information
   38  required in subsection (4), consistent with rules adopted by the
   39  department. If additional information is required, the tax
   40  collector must make a written request to the title or abstract
   41  company stating the additional requirements. The tax collector
   42  may select any title or abstract company, regardless of its
   43  location, as long as the fee is reasonable, the minimum
   44  information is submitted, and the title or abstract company is
   45  authorized to do business in this state. The tax collector may
   46  advertise and accept bids for the title or abstract company if
   47  he or she considers it appropriate to do so.
   48         1. The property information ownership and encumbrance
   49  report must include the letterhead of the person, firm, or
   50  company that makes the search, and the signature of the
   51  individual who makes the search or of an officer of the firm.
   52  The tax collector is not liable for payment to the firm unless
   53  these requirements are met. The report may be submitted to the
   54  tax collector in an electronic format.
   55         2. The tax collector may not accept or pay for any title
   56  search or abstract if financial responsibility is not assumed
   57  for the search. However, reasonable restrictions as to the
   58  liability or responsibility of the title or abstract company are
   59  acceptable. Notwithstanding s. 627.7843(3), the tax collector
   60  may contract for higher maximum liability limits.
   61         3. In order to establish uniform prices for property
   62  information ownership and encumbrance reports within the county,
   63  the tax collector must ensure that the contract for property
   64  information ownership and encumbrance reports include all
   65  requests for title searches or abstracts for a given period of
   66  time.
   67         Section 4. Paragraph (b) of subsection (6) of section
   68  215.555, Florida Statutes, is amended to read:
   69         215.555 Florida Hurricane Catastrophe Fund.—
   70         (6) REVENUE BONDS.—
   71         (b) Emergency assessments.—
   72         1. If the board determines that the amount of revenue
   73  produced under subsection (5) is insufficient to fund the
   74  obligations, costs, and expenses of the fund and the
   75  corporation, including repayment of revenue bonds and that
   76  portion of the debt service coverage not met by reimbursement
   77  premiums, the board shall direct the Office of Insurance
   78  Regulation to levy, by order, an emergency assessment on direct
   79  premiums for all property and casualty lines of business in this
   80  state, including property and casualty business of surplus lines
   81  insurers regulated under part VIII of chapter 626, but not
   82  including any workers’ compensation premiums or medical
   83  malpractice premiums. As used in this subsection, the term
   84  “property and casualty business” includes all lines of business
   85  identified on Form 2, Exhibit of Premiums and Losses, in the
   86  annual statement required of authorized insurers by s. 624.424
   87  and any rule adopted under this section, except for those lines
   88  identified as accident and health insurance and except for
   89  policies written under the National Flood Insurance Program. The
   90  assessment shall be specified as a percentage of direct written
   91  premium and is subject to annual adjustments by the board in
   92  order to meet debt obligations. The same percentage applies to
   93  all policies in lines of business subject to the assessment
   94  issued or renewed during the 12-month period beginning on the
   95  effective date of the assessment.
   96         2. A premium is not subject to an annual assessment under
   97  this paragraph in excess of 6 percent of premium with respect to
   98  obligations arising out of losses attributable to any one
   99  contract year, and a premium is not subject to an aggregate
  100  annual assessment under this paragraph in excess of 10 percent
  101  of premium. An annual assessment under this paragraph continues
  102  as long as the revenue bonds issued with respect to which the
  103  assessment was imposed are outstanding, including any bonds the
  104  proceeds of which were used to refund the revenue bonds, unless
  105  adequate provision has been made for the payment of the bonds
  106  under the documents authorizing issuance of the bonds.
  107         3. Emergency assessments shall be collected from
  108  policyholders. Emergency assessments shall be remitted by
  109  insurers as a percentage of direct written premium for the
  110  preceding calendar quarter as specified in the order from the
  111  Office of Insurance Regulation. The office shall verify the
  112  accurate and timely collection and remittance of emergency
  113  assessments and shall report the information to the board in a
  114  form and at a time specified by the board. Each insurer
  115  collecting assessments shall provide the information with
  116  respect to premiums and collections as may be required by the
  117  office to enable the office to monitor and verify compliance
  118  with this paragraph.
  119         4. With respect to assessments of surplus lines premiums,
  120  each surplus lines agent shall collect the assessment at the
  121  same time as the agent collects the surplus lines tax required
  122  by s. 626.932, and the surplus lines agent shall remit the
  123  assessment to the Florida Surplus Lines Service Office created
  124  by s. 626.921 at the same time as the agent remits the surplus
  125  lines tax to the Florida Surplus Lines Service Office. The
  126  emergency assessment on each insured procuring coverage and
  127  filing under s. 626.938 shall be remitted by the insured to the
  128  Florida Surplus Lines Service Office at the time the insured
  129  pays the surplus lines tax to the Florida Surplus Lines Service
  130  Office. The Florida Surplus Lines Service Office shall remit the
  131  collected assessments to the fund or corporation as provided in
  132  the order levied by the Office of Insurance Regulation. The
  133  Florida Surplus Lines Service Office shall verify the proper
  134  application of such emergency assessments and shall assist the
  135  board in ensuring the accurate and timely collection and
  136  remittance of assessments as required by the board. The Florida
  137  Surplus Lines Service Office shall annually calculate the
  138  aggregate written premium on property and casualty business,
  139  other than workers’ compensation and medical malpractice,
  140  procured through surplus lines agents and insureds procuring
  141  coverage and filing under s. 626.938 and shall report the
  142  information to the board in a form and at a time specified by
  143  the board.
  144         5. Any assessment authority not used for a particular
  145  contract year may be used for a subsequent contract year. If,
  146  for a subsequent contract year, the board determines that the
  147  amount of revenue produced under subsection (5) is insufficient
  148  to fund the obligations, costs, and expenses of the fund and the
  149  corporation, including repayment of revenue bonds and that
  150  portion of the debt service coverage not met by reimbursement
  151  premiums, the board shall direct the Office of Insurance
  152  Regulation to levy an emergency assessment up to an amount not
  153  exceeding the amount of unused assessment authority from a
  154  previous contract year or years, plus an additional 4 percent
  155  provided that the assessments in the aggregate do not exceed the
  156  limits specified in subparagraph 2.
  157         6. The assessments otherwise payable to the corporation
  158  under this paragraph shall be paid to the fund unless the Office
  159  of Insurance Regulation and the Florida Surplus Lines Service
  160  Office received a notice from the corporation and the fund,
  161  which shall be conclusive and upon which they may rely without
  162  further inquiry, that the corporation has issued bonds and the
  163  fund has no agreements in effect with local governments under
  164  paragraph (c). On or after the date of the notice and until the
  165  date the corporation has no bonds outstanding, the fund shall
  166  have no right, title, or interest in or to the assessments,
  167  except as provided in the fund’s agreement with the corporation.
  168         7. Emergency assessments are not premium and are not
  169  subject to the premium tax, to the surplus lines tax, to any
  170  fees, or to any commissions. An insurer is liable for all
  171  assessments that it collects and must treat the failure of an
  172  insured to pay an assessment as a failure to pay the premium. An
  173  insurer is not liable for uncollectible assessments.
  174         8. If an insurer is required to return an unearned premium,
  175  it shall also return any collected assessment attributable to
  176  the unearned premium. A credit adjustment to the collected
  177  assessment may be made by the insurer with regard to future
  178  remittances that are payable to the fund or corporation, but the
  179  insurer is not entitled to a refund.
  180         9. If a surplus lines insured or an insured who has
  181  procured coverage and filed under s. 626.938 is entitled to the
  182  return of an unearned premium, the Florida Surplus Lines Service
  183  Office shall provide a credit or refund to the agent or such
  184  insured for the collected assessment attributable to the
  185  unearned premium before remitting the emergency assessment
  186  collected to the fund or corporation.
  187         10. The exemption of medical malpractice insurance premiums
  188  from emergency assessments under this paragraph is repealed May
  189  31, 2019, and medical malpractice insurance premiums shall be
  190  subject to emergency assessments attributable to loss events
  191  occurring in the contract years commencing on June 1, 2019.
  192         Section 5. Subsection (1) of section 624.407, Florida
  193  Statutes, is amended to read:
  194         624.407 Surplus required; new insurers.—
  195         (1) To receive authority to transact any one kind or
  196  combinations of kinds of insurance, as defined in part V of this
  197  chapter, an insurer applying for its original certificate of
  198  authority in this state shall possess surplus as to
  199  policyholders at least the greater of:
  200         (a) For a property and casualty insurer, $5 million, or
  201  $2.5 million for any other insurer;
  202         (b) For life insurers, 4 percent of the insurer’s total
  203  liabilities;
  204         (c) For life and health insurers, 4 percent of the
  205  insurer’s total liabilities, plus 6 percent of the insurer’s
  206  liabilities relative to health insurance;
  207         (d) For all insurers other than life insurers and life and
  208  health insurers, 10 percent of the insurer’s total liabilities;
  209         (e) Notwithstanding paragraph (a) or paragraph (d), for a
  210  domestic insurer that transacts residential property insurance
  211  and is:
  212         1. Not a wholly owned subsidiary of an insurer domiciled in
  213  any other state, $15 million.
  214         2. A wholly owned subsidiary of an insurer domiciled in any
  215  other state, $50 million; or
  216         (f) Notwithstanding paragraphs (a), (d), and (e), for a
  217  domestic insurer that only transacts limited sinkhole coverage
  218  insurance for personal lines residential property pursuant to s.
  219  627.7151, $7.5 million; or
  220         (g) Notwithstanding paragraphs (a), (d), and (e), for an
  221  insurer that only transacts residential property insurance in
  222  the form of renter’s insurance, tenant’s coverage, cooperative
  223  unit owner insurance, or any combination thereof, $10 million.
  224         Section 6. Subsection (1) of section 624.408, Florida
  225  Statutes, is amended to read:
  226         624.408 Surplus required; current insurers.—
  227         (1) To maintain a certificate of authority to transact any
  228  one kind or combinations of kinds of insurance, as defined in
  229  part V of this chapter, an insurer in this state must at all
  230  times maintain surplus as to policyholders at least the greater
  231  of:
  232         (a) Except as provided in paragraphs (e), (f), and (g),
  233  $1.5 million.
  234         (b) For life insurers, 4 percent of the insurer’s total
  235  liabilities.
  236         (c) For life and health insurers, 4 percent of the
  237  insurer’s total liabilities plus 6 percent of the insurer’s
  238  liabilities relative to health insurance.
  239         (d) For all insurers other than mortgage guaranty insurers,
  240  life insurers, and life and health insurers, 10 percent of the
  241  insurer’s total liabilities.
  242         (e) For property and casualty insurers, $4 million, except
  243  for property and casualty insurers authorized to underwrite any
  244  line of residential property insurance.
  245         (f) For residential property insurers not holding a
  246  certificate of authority before July 1, 2011, $15 million.
  247         (g) For residential property insurers holding a certificate
  248  of authority before July 1, 2011, and until June 30, 2016, $5
  249  million; on or after July 1, 2016, and until June 30, 2021, $10
  250  million; on or after July 1, 2021, $15 million.
  251         (h) Notwithstanding paragraphs (e), (f), and (g), for a
  252  domestic insurer that only transacts limited sinkhole coverage
  253  insurance for personal lines residential property pursuant to s.
  254  627.7151, $7.5 million.
  255         (i) Notwithstanding paragraphs (a), (d), and (e), for an
  256  insurer that only transacts residential property insurance in
  257  the form of renter’s insurance, tenant’s coverage, cooperative
  258  unit owner insurance, or any combination thereof, $10 million.
  259  
  260  The office may reduce the surplus requirement in paragraphs (f)
  261  and (g) if the insurer is not writing new business, has premiums
  262  in force of less than $1 million per year in residential
  263  property insurance, or is a mutual insurance company.
  264         Section 7. Paragraph (c) of subsection (8) of section
  265  624.424, Florida Statutes, is amended to read:
  266         624.424 Annual statement and other information.—
  267         (8)
  268         (c) The board of directors of an insurer shall hire the
  269  certified public accountant that prepares the audit required by
  270  this subsection and the board shall establish an audit committee
  271  of three or more directors of the insurer or an affiliated
  272  company. The audit committee shall be responsible for discussing
  273  audit findings and interacting with the certified public
  274  accountant with regard to her or his findings. The audit
  275  committee shall be comprised solely of members who are free from
  276  any relationship that, in the opinion of its board of directors,
  277  would interfere with the exercise of independent judgment as a
  278  committee member. The audit committee shall report to the board
  279  any findings of adverse financial conditions or significant
  280  deficiencies in internal controls that have been noted by the
  281  accountant. The insurer may request the office to waive this
  282  requirement of the audit committee membership based upon unusual
  283  hardship to the insurer.
  284         Section 8. Subsection (15) of section 625.012, Florida
  285  Statutes, is amended to read:
  286         625.012 “Assets” defined.—In any determination of the
  287  financial condition of an insurer, there shall be allowed as
  288  “assets” only such assets as are owned by the insurer and which
  289  consist of:
  290         (15)(a) Assessments levied pursuant to s. 631.57(3)(a) and
  291  (e) or s. 631.914 which that are paid before policy surcharges
  292  are collected and result in a receivable for policy surcharges
  293  to be collected in the future. This amount, to the extent it is
  294  likely that it will be realized, meets the definition of an
  295  admissible asset as specified in the National Association of
  296  Insurance Commissioners’ Statement of Statutory Accounting
  297  Principles No. 4. The asset shall be established and recorded
  298  separately from the liability regardless of whether it is based
  299  on a retrospective or prospective premium-based assessment. If
  300  an insurer is unable to fully recoup the amount of the
  301  assessment because of a reduction in writings or withdrawal from
  302  the market, the amount recorded as an asset shall be reduced to
  303  the amount reasonably expected to be recouped.
  304         (b) Assessments levied as monthly installments pursuant to
  305  s. 631.57(3)(e)3. or s. 631.914 which that are paid after policy
  306  surcharges are collected so that the recognition of assets is
  307  based on actual premium written offset by the obligation to the
  308  Florida Insurance Guaranty Association or the Florida Workers’
  309  Compensation Insurance Guaranty Association, Incorporated.
  310         Section 9. Paragraph (e) of subsection (7) of section
  311  627.062, Florida Statutes, is amended to read:
  312         627.062 Rate standards.—
  313         (7) The provisions of this subsection apply only to rates
  314  for medical malpractice insurance and control to the extent of
  315  any conflict with other provisions of this section.
  316         (e) For medical malpractice rates subject to paragraph
  317  (2)(a), the medical malpractice insurer shall make an annual
  318  base a rate filing in accordance with s. 627.0645 under this
  319  section, sworn to by at least two executive officers of the
  320  insurer, at least once each calendar year.
  321         Section 10. Subsection (1) of section 627.0645, Florida
  322  Statutes, is amended to read:
  323         627.0645 Annual filings.—
  324         (1) Each rating organization filing rates for, and each
  325  insurer writing, any line of property or casualty insurance to
  326  which this part applies, except:
  327         (a) Workers’ compensation and employer’s liability
  328  insurance;
  329         (b) Insurance as defined in ss. 624.604 and 624.605,
  330  limited to coverage of commercial risks other than commercial
  331  residential multiperil and medical malpractice insurance that is
  332  subject to s. 627.062(2)(a) and (f); or
  333         (c) Travel insurance, if issued as a master group policy
  334  with a situs in another state where each certificateholder pays
  335  less than $30 in premium for each covered trip and where the
  336  insurer has written less than $1 million in annual written
  337  premiums in the travel insurance product in this state during
  338  the most recent calendar year,
  339  
  340  shall make an annual base rate filing for each such line with
  341  the office no later than 12 months after its previous base rate
  342  filing, demonstrating that its rates are not inadequate.
  343         Section 11. Section 627.4035, Florida Statutes, is amended
  344  to read:
  345         627.4035 Cash Payment of premiums; claims.—
  346         (1)(a) The premiums for insurance contracts issued in this
  347  state or covering risk located in this state must shall be paid
  348  in cash consisting of coins, currency, checks, electronic
  349  checks, drafts, or money orders or by using a debit card, credit
  350  card, automatic electronic funds transfer, or payroll deduction
  351  plan. By July 1, 2007, Insurers issuing personal lines
  352  residential and commercial property policies shall provide a
  353  premium payment plan option to their policyholders which allows
  354  for a minimum of quarterly and semiannual payment of premiums.
  355  Insurers may, but are not required to, offer monthly payment
  356  plans. Insurers issuing such policies must submit their premium
  357  payment plan option to the office for approval before use.
  358         (b) If, due to insufficient funds, a payment of premium
  359  under this subsection by debit card, credit card, electronic
  360  funds transfer, or electronic check is returned, is declined, or
  361  cannot be processed, the insurer may impose an insufficient
  362  funds fee of up to $15 per occurrence pursuant to the policy
  363  terms. However, the insurer may not charge the policyholder an
  364  insufficient funds fee if the failure in payment resulted from
  365  fraud or misuse on the policyholder’s account from which the
  366  payment was made and such fraud or misuse was not attributed to
  367  the policyholder.
  368         (2) Subsection (1) is not applicable to:
  369         (a) Reinsurance agreements;
  370         (b) Pension plans;
  371         (c) Premium loans, whether or not subject to an automatic
  372  provision;
  373         (d) Dividends, whether to purchase additional paid-up
  374  insurance or to shorten the dividend payment period;
  375         (e) Salary deduction plans;
  376         (f) Preauthorized check plans;
  377         (g) Waivers of premiums on disability;
  378         (h) Nonforfeiture provisions affording benefits under
  379  supplementary contracts; or
  380         (i) Such other methods of paying for life insurance as may
  381  be permitted by the commission pursuant to rule or regulation.
  382         (3) All payments of claims made in this state under any
  383  contract of insurance shall be paid:
  384         (a) In cash consisting of coins, currency, checks, drafts,
  385  or money orders and, if by check or draft, shall be in such form
  386  as will comply with the standards for cash items adopted by the
  387  Federal Reserve System to facilitate the sorting, routing, and
  388  mechanized processing of such items; or
  389         (b) If authorized in writing by the recipient or the
  390  recipient’s representative, by debit card or any other form of
  391  electronic transfer. Any fees or costs to be charged against the
  392  recipient must be disclosed in writing to the recipient or the
  393  recipient’s representative at the time of written authorization.
  394  However, the written authorization requirement may be waived by
  395  the recipient or the recipient’s representative if the insurer
  396  verifies the identity of the insured or the insured’s recipient
  397  and does not charge a fee for the transaction. If the funds are
  398  misdirected, the insurer remains liable for the payment of the
  399  claim.
  400         Section 12. Subsection (5) is added to section 627.421,
  401  Florida Statutes, to read:
  402         627.421 Delivery of policy.—
  403         (5)An electronically delivered document satisfies any
  404  font, size, color, spacing, or other formatting requirement for
  405  printed documents if the format in the electronically delivered
  406  document has reasonably similar proportions or emphasis of the
  407  characters relative to the rest of the electronic document or is
  408  otherwise displayed in a reasonably conspicuous manner.
  409         Section 13. Subsection (9) of section 627.7295, Florida
  410  Statutes, is amended to read:
  411         627.7295 Motor vehicle insurance contracts.—
  412         (9)(a) In addition to the methods provided in s.
  413  627.4035(1), premium for motor vehicle insurance contracts
  414  issued in this state or covering risk located in this state may
  415  be paid in cash in the form of a draft or drafts.
  416         (b) If, due to insufficient funds, payment of premium under
  417  this subsection by debit card, credit card, electronic funds
  418  transfer, or electronic check is returned, is declined, or
  419  cannot be processed, the insurer may impose an insufficient
  420  funds fee of up to $15 per occurrence pursuant to the policy
  421  terms.
  422         Section 14. Section 627.747, Florida Statutes, is created
  423  to read:
  424         627.747Named driver exclusion.—
  425         (1)A private passenger motor vehicle policy is permitted
  426  to exclude an identified individual from coverage when such
  427  identified individual is driving a motor vehicle. The coverages
  428  from which an identified individual may be excluded are:
  429         (a)1.Those coverages that the named insured is not
  430  required by law to purchase; and
  431         2.Property damage liability coverage.
  432         (b)Notwithstanding the Florida Motor Vehicle No-Fault Law,
  433  the personal injury protection coverage specifically applicable
  434  to the identified individual’s injuries, lost wages, and death
  435  benefits.
  436         (c)Uninsured motorist coverage, if the named insured has
  437  purchased such coverage.
  438         (d)Bodily injury liability, if required by law and
  439  purchased by the named insured.
  440         (2)A private passenger motor vehicle policy shall not
  441  exclude coverage when:
  442         (a)The identified individual is injured while not
  443  operating a motor vehicle.
  444         (b)The exclusion is unfairly discriminatory as determined
  445  by the office under the Florida Insurance Code.
  446         (c)The exclusion is inconsistent with the underwriting
  447  guidelines filed by the insurer pursuant to s. 627.0651(13)(a).
  448         Section 15. Section 627.7843, Florida Statutes, is amended
  449  to read:
  450         627.7843 Property information reports Ownership and
  451  encumbrance reports.—
  452         (1) As used in this section, the term “property information
  453  report” means any report that contains the limitations of this
  454  section and discloses documents or information appearing in the
  455  Official Records as described in s. 28.222, in the records of a
  456  county tax collector pertaining to ad valorem real property
  457  taxes and special assessments imposed by a governmental
  458  authority against real property, in the Secretary of State
  459  filing office, or in another governmental filing office
  460  pertaining to real or personal property. A property information
  461  report may be issued by any person, including a Florida-licensed
  462  title insurer, title agent, or title agency “ownership and
  463  encumbrance report” means a report that discloses certain
  464  defined documents imparting constructive notice and appearing in
  465  the official records relating to specified real property.
  466         (2) A property information An ownership and encumbrance
  467  report may not directly or indirectly set forth or imply any
  468  opinion, warranty, guarantee, insurance, or other similar
  469  assurance and does not constitute title insurance as defined in
  470  s. 624.608 as to the status of title to real property.
  471         (3) The contractual liability of the issuer of a property
  472  information report is limited to the person or persons expressly
  473  identified by name in the property information report as the
  474  recipient or recipients of the property information report and
  475  may not exceed the amount paid for the property information
  476  report. Only contractual remedies are available for an error or
  477  omission that arises from a property information report. A
  478  property information report must contain the following language:
  479  
  480  “This report is not title insurance. Pursuant to s. 627.7843,
  481  Florida Statutes, the maximum liability of the issuer of this
  482  property information report for errors or omissions in this
  483  property information report is limited to the amount paid for
  484  this property information report, and is further limited to the
  485  person(s) expressly identified by name in the property
  486  information report as the recipient(s) of the property
  487  information report.” Any ownership and encumbrance report or
  488  similar report that is relied on or intended to be relied on by
  489  a consumer must be on forms approved by the office, and must
  490  provide for a maximum liability for incorrect information of not
  491  more than $1,000.
  492         (4) This section is not applicable to an opinion of title
  493  issued by an attorney.
  494         Section 16. This act shall take effect upon becoming a law.
  495  
  496  ================= T I T L E  A M E N D M E N T ================
  497  And the title is amended as follows:
  498         Delete everything before the enacting clause
  499  and insert:
  500                        A bill to be entitled                      
  501         An act relating to the regulation of insurance
  502         companies; amending s. 177.041, F.S.; providing that a
  503         specified property information report, rather than a
  504         specified certification by an abstractor or a title
  505         company, may be submitted as part of certain
  506         information required in relation to the plat or replat
  507         of a subdivision; amending ss. 177.091 and 197.502,
  508         F.S.; conforming provisions to changes made by the
  509         act; amending s. 215.555, F.S.; deleting a future
  510         repeal of an exemption of medical malpractice
  511         insurance premiums from certain emergency assessments
  512         by the State Board of Administration relating to the
  513         Florida Hurricane Catastrophe Fund; amending ss.
  514         624.407 and 624.408, F.S.; specifying the minimum
  515         surplus as to policyholders for insurers that only
  516         transact in specified forms of residential property
  517         insurance; amending s. 624.424, F.S.; revising a
  518         requirement for audit committees established by the
  519         boards of directors of insurers, relating to
  520         relationships that would interfere with the exercise
  521         of independent judgment of committee members; amending
  522         s. 625.012, F.S.; revising the allowable assets of
  523         insurers relating to specified levied assessments;
  524         amending s. 627.062, F.S.; revising requirements for
  525         certain rate filings by medical malpractice insurers;
  526         amending s. 627.0645, F.S.; adding certain medical
  527         malpractice insurance to casualty insurance excluded
  528         from an annual base rate filing requirement for rating
  529         organizations; amending s. 627.4035, F.S.; revising
  530         the methods of paying premiums for insurance
  531         contracts; authorizing an insurer to impose a
  532         specified insufficient funds fee if certain premium
  533         payment methods are returned, are declined, or cannot
  534         be processed; providing an exception; amending s.
  535         627.421, F.S.; providing that an electronically
  536         delivered document in an insurance policy meets
  537         formatting requirements for printed documents under
  538         certain conditions; amending s. 627.7295, F.S.;
  539         conforming provisions to changes made by the act;
  540         creating s. 627.747, F.S.; authorizing private
  541         passenger motor vehicle policies to exclude certain
  542         identified individuals from specified coverages under
  543         certain circumstances; prohibiting such policies from
  544         excluding coverage under certain circumstances;
  545         amending s. 627.7843, F.S.; replacing provisions
  546         relating to ownership and encumbrance reports with
  547         provisions relating to property information reports;
  548         defining the term “property information report”;
  549         prohibiting property information reports from setting
  550         forth or implying certain assurances; providing
  551         construction; specifying a limitation on the
  552         contractual liability of issuers of property
  553         information reports; requiring a specified disclosure
  554         in property information reports; providing
  555         applicability; providing an effective date.