Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1866
Barcode 175314
CHAMBER ACTION
Senate House
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05/02/2007 12:54 PM .
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11 Senator Baker moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 80, after line 31,
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16 insert:
17 Section 22. Subsections (1) and (4) of section
18 627.7015, Florida Statutes, are amended, and subsections (10)
19 and (11) are added to that section, to read:
20 627.7015 Alternative procedure for resolution of
21 disputed property insurance claims.--
22 (1) PURPOSE AND SCOPE.--This section sets forth a
23 nonadversarial alternative dispute resolution procedure for a
24 mediated claim resolution conference prompted by the need for
25 effective, fair, and timely handling of property and marine
26 insurance claims. There is a particular need for an informal,
27 nonthreatening forum for helping parties who elect this
28 procedure to resolve their claims disputes because most
29 homeowner's, marine insurance, and commercial residential
30 insurance policies obligate insureds to participate in a
31 potentially expensive and time-consuming adversarial appraisal
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1866
Barcode 175314
1 process prior to litigation. The procedure set forth in this
2 section is designed to bring the parties together for a
3 mediated claims settlement conference without any of the
4 trappings or drawbacks of an adversarial process. Before
5 resorting to these procedures, insureds and insurers are
6 encouraged to resolve claims as quickly and fairly as
7 possible. This section is available with respect to claims
8 under personal lines and commercial residential and marine
9 policies for all claimants and insurers prior to commencing
10 the appraisal process, or commencing litigation. If requested
11 by the insured, participation by legal counsel shall be
12 permitted. Mediation under this section is also available to
13 litigants referred to the department by a county court or
14 circuit court. This section does not apply to commercial
15 coverages, to private passenger motor vehicle insurance
16 coverages, or to disputes relating to liability coverages in
17 policies of property insurance.
18 (4) The department shall adopt by rule a property and
19 marine insurance mediation program to be administered by the
20 department or its designee. The department may also adopt
21 special rules which are applicable in cases of an emergency
22 within the state. The rules shall be modeled after practices
23 and procedures set forth in mediation rules of procedure
24 adopted by the Supreme Court. The rules shall provide for:
25 (a) Reasonable requirement for processing and
26 scheduling of requests for mediation.
27 (b) Qualifications of mediators as provided in s.
28 627.745 and in the Florida Rules of Certified and Court
29 Appointed Mediators, and for such other individuals as are
30 qualified by education, training, or experience as the
31 department determines to be appropriate, except that in the
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1866
Barcode 175314
1 case of marine insurance policies, mediators shall be civil
2 circuit mediators who:.
3 1. Are certified by the Florida Bar in admiralty and
4 maritime law; or
5 2.a. Are experienced admiralty practitioners who are
6 qualified by education, training, or experience, as the
7 department determines is appropriate; and
8 b. Have undergone training provided by the department
9 or its designee in the mediation of disputes involving marine
10 insurance law.
11 (c) Provisions governing who may attend mediation
12 conferences.
13 (d) Selection of mediators.
14 (e) Criteria for the conduct of mediation conferences.
15 (f) Right to legal counsel.
16 (10) As used in this section, the term "marine
17 insurance" means both "marine insurance" and "wet marine and
18 transportation insurance" as those terms are defined in s.
19 624.607.
20 (11) The provisions of this section apply to marine
21 insurance notwithstanding s. 627.021.
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23 (Redesignate subsequent sections.)
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 On page 5, line 1, after the semicolon,
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30 insert:
31 amending s. 627.7015, F.S.; providing a
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1866
Barcode 175314
1 nonadversarial alternative dispute-resolution
2 procedure for handling marine insurance claims;
3 requiring the Department of Financial Services
4 to adopt by rule a marine insurance mediation
5 program to be administered by the department or
6 its designee; requiring that mediators in the
7 case of marine insurance policies be certified
8 by The Florida Bar in admiralty and maritime
9 law or have certain other experience and
10 training in that area; defining the term
11 "marine insurance" for purposes of the
12 alternative procedures for dispute resolution;
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