The Governor however did sign
Senate bill 2176 relating to Commercial Deregulation by
Senator Peaden. Provides that rates for certain
commercial insurance products will now be excluded from
the OIR's filing and prior approval process provided the
products meet three criteria, 1- There are many
competing insurers selling these products; 2- The
insured risk of these products are not subject to
catastrophic losses such as hurricanes; and 3- The
customers of these products are generally sophisticated
buyers. The lines specifically:
* Excess or umbrella
* Surety and fidelity
* Boiler and machinery
and leakage and fire extinguishing equipment
* Errors and omissions
* Directors and officers,
employment practices, and management liability
* Intellectual property
and patent infringement liability
*Advertising injury and
Internet liability insurance
*Property risks rated
under a highly protected risks rating plan
*Any other commercial
lines categories or kinds of insurance or types of
commercial lines risks that the OIR
determines should not be subject to the rating
provisions.
Insurers will now be required to
notify the OIR within 30 days of changes to rates for
these products and to maintain supporting data subject
to audit by OIR. The rates for these products continue
to be subject to current law, which authorizes OIR to
review rates utilized by an insurer at any time, and in
the event, rates are found to be excessive, inadequate
or unfairly discriminatory, to disapprove them and
require new rates. The bill also removes professional
liability from products exempted from filing
requirements; limits commercial motor vehicle to fleets,
which is defined as 20 or more vehicles; and clarifies
that the rates for the products in the bill will
continue to be subject to the provisions in current law
that rates cannot be excessive, unfairly discriminatory
or inadequate.
The bill also includes provisions
that were contained in SB 212, which provides a broader
interpretation of workers' compensation benefits payable
to off-duty deputy sheriffs to include, but not be
limited to, providing security, patrol, or traffic
direction for a private employer.
Additional language dealt with the
regulation of Medicare supplement policies by revising
provisions related to unfair methods of competition and
unfair or deceptive acts to provide that this section
does not prohibit a Medicare supplement insurer from
providing a premium credit to an insured for using an
in-network inpatient facility.
The provisions contained in SB 2618,
were also included. It reduces much of the regulatory
oversight that OIR currently exercises over warranty
associations, and creates new prohibited acts and adds
new criminal penalties to the statutes that regulate
warranty associations.
* Effective January 1, 2011 (except
for specific sections, which are effective 6/1/10.)
The Governor also approved Hb 159
relating to Guaranty Associations by Rep. Legg. The
bill makes changes to the Florida Insurance Guaranty
Association (FIGA), the Florida Life and Health
Insurance Guaranty Association (FLAHIGA), and the
Florida Workers' Compensation Insurance Guaranty
Association (FWCIGA). Combines the two automobile
accounts in FIGA (auto liability and auto physical
damage accounts) and changes the assessment recoupment
process insurance companies use to recoup assessments
levied by FIGA from their policyholders by removing the
requirement that insurance companies must do a rate
filing to pass through a FIGA assessment to the
companies' policyholders. The bill also makes FWCIGA,
rather than FIGA, responsible for covering employment
liability claims of insolvent workers' compensation
insurers. The maximum amount FWCIGA will pay for
employers liability claims is $300,000 (i.e. the same as
FIGA's coverage limit on these claims).
*Effective July 1, 2010.
Other bills Approved by the
Governor include:
*Senate bill 846- Residential Fire
Sprinkler Requirements by Senator Bennett. It
provides that provisions in section R313 of the most
recent version of the International Residential Code
relating to mandatory fire sprinklers (currently
requiring the installation of automatic fire sprinkler
systems in newly constructed one-family and two-family
residential dwellings and townhouses) shall not be
included in the Florida Building Code; or adopted as a
local amendment to the code. Also prohibits a local
government from requiring a property owner to install
fire sprinklers in any residential property based on its
use or reclassification as a rental property.
*Effective 5/26/10
*Senate
bill 1196 relating to Community Associations by
Senator Fasano. Creates the "Distressed Condominium
Relief Act" to define the extent to which successors to
the developer, including the construction lender after a
foreclosure and other bulk buyers and bulk assignees of
condominium units, may be responsible for implied
warranties.
Revises laws related to community associations,
including condominium, homeowners', and cooperative
associations, and with respect to property insurance,
specifically:
Sb 1460 Cat Fund Contract
Year by Sen. Richter. Corrects an inadvertent error
as a result of legislation passed in 2009 which changed
the contract year of the Florida Hurricane Catastrophe
Fund to January 1st through December 31st (a calendar
year), starting January 1, 2011. This shortening of
the contract year to 7 months caused an accounting
problem for insurers due to the acceleration of the
recognition of an insurer's expense resulting in
potential solvency difficulties for insurers. The bill
changes the Cat Funds contract year 'back' to June 1st
through May 31st. The bill also changes the
retention multiple formula in calculating an insurer's
retention, by using exposure from "two years" prior (as
opposed to "one year" provided under current law) in
calculating the retention factor. This will enable
property insurers to obtain Cat Fund reinsurance earlier
in the year and be able to more accurately assess their
need for additional private reinsurance in advance of
the upcoming hurricane season. * Effective 4/15/10.
*Hb 7217 Florida Hurricane
Catastrophe Fund ("Cat Fund") Emergency Assessments.
The bill continues the
exemption of medical malpractice insurance premiums from
the Cat Fund emergency assessment for three years, from
May 31, 2010 to May 31, 2013. Effective 5/27/10.