1 | Representative Ambler offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. (1) This act may be cited as the "Florida 2008 |
6 | Title Insurance Study Advisory Council Act." |
7 | (2) The purpose of this act is to create an advisory |
8 | council to undertake a comprehensive examination of the title |
9 | insurance delivery system of this state with the ultimate goal |
10 | of making recommendations for legislation to promote a sound and |
11 | stable system to promote the safety of real property transfers |
12 | in this state. |
13 | (3) The Florida 2008 Title Insurance Study Advisory |
14 | Council is created. The council shall consist of the following |
15 | 21 members: |
16 | (a) The Governor or the Governor's designee, who shall |
17 | serve as chair of the council. |
18 | (b) The Chief Financial Officer or the Chief Financial |
19 | Officer's designee, who shall serve as vice chair of the |
20 | council. |
21 | (c) One member of the Senate appointed by the President of |
22 | the Senate. |
23 | (d) One member of the House of Representatives appointed |
24 | by the Speaker of the House of Representatives. |
25 | (e) The Insurance Consumer Advocate appointed pursuant to |
26 | s. 627.0613, Florida Statutes. |
27 | (f) The Commissioner of Insurance Regulation or the |
28 | commissioner's designee. |
29 | (g) The Commissioner of the Office of Financial Regulation |
30 | or the commissioner's designee. |
31 | (h) Three representatives of title insurers doing business |
32 | in the state from three different title insurers, appointed by |
33 | the President of the Senate. No more than one representative may |
34 | be named from each affiliated group of corporations as defined |
35 | in s. 624.509(5)(a)2., Florida Statutes. Such appointments may |
36 | not overlap with those insurer appointments made under paragraph |
37 | (i). |
38 | (i) Four representatives of title insurers doing business |
39 | in the state from four different title insurers, appointed by |
40 | the Speaker of the House of Representatives. No more than one |
41 | representative may be named from each affiliated group of |
42 | corporations as defined in s. 624.509(5)(a)2., Florida Statutes. |
43 | Such appointments may not overlap with those insurer |
44 | appointments made under paragraph (h). |
45 | (j) Two independent licensed title insurance agents |
46 | appointed by the President of the Senate from a list of three |
47 | agents submitted by the Florida Land Title Association. |
48 | (k) One independent licensed title insurance agent |
49 | appointed by the Speaker of the House of Representatives from a |
50 | list of three agents submitted by the Florida Land Title |
51 | Association. |
52 | (l) Two members of the Real Property, Probate and Trust |
53 | Law Section of The Florida Bar who are practicing real estate |
54 | attorneys not employed by a title insurer. The designation of |
55 | such members shall be made by the Real Property, Probate and |
56 | Trust Law Section of The Florida Bar. |
57 | (m) One member of the banking industry from a bank |
58 | performing home and commercial mortgage lending, appointed by |
59 | the Commissioner of Financial Regulation. |
60 | (n) One member of the real estate industry, either an |
61 | independent realtor or one representing a company handling home |
62 | and commercial real estate transactions, including closings, |
63 | appointed by the Chief Financial Officer. |
64 | (4) The council shall be administratively supported by the |
65 | staff of the Executive Office of the Governor. The Department of |
66 | Financial Services, the Office of Insurance Regulation, and |
67 | other agencies of the state, as well as staff of the applicable |
68 | legislative committees, shall supply any information, |
69 | assistance, and facilities that are deemed necessary by the |
70 | council to carry out its duties. |
71 | (5) The council shall undertake a comprehensive |
72 | examination of the title insurance delivery system in this state |
73 | and shall include in its study consideration of: |
74 | (a) The historical development of the title insurance |
75 | industry in this state and its uniqueness among other lines of |
76 | insurance. |
77 | (b) The current regulatory structure under which oversight |
78 | responsibility is shared among different state agencies. |
79 | (c) The adequacy of funds and agency personnel to exercise |
80 | regulatory oversight. |
81 | (d) The adequacy of current mechanisms and expertise to |
82 | gather meaningful data to properly evaluate and adopt title |
83 | insurance rates. |
84 | (e) Such other topics as the chair, in consultation with |
85 | the council, deems necessary to conduct a thorough examination |
86 | of the title insurance industry. |
87 | (6) The council, at the direction of the chair, may invite |
88 | independent actuaries who have expertise in title insurance to |
89 | provide information and appear before the council to aid in |
90 | performing its duties. In order to assist the council, the |
91 | Office of Program Policy Analysis and Government Accountability |
92 | shall conduct an independent review of the historical |
93 | development of the title insurance industry in this state and |
94 | the current fragmented regulatory framework and shall report its |
95 | findings to the council. Such report shall be submitted to the |
96 | council by September 30, 2008. |
97 | (7) The council shall hold its initial meeting no later |
98 | than August 1, 2008, in Tallahassee. Staff for the council chair |
99 | shall schedule and organize the initial meeting. Subsequent |
100 | meetings of the council must be held in Tallahassee according to |
101 | a schedule developed by the chair. |
102 | (8) The council shall submit a final report, setting forth |
103 | findings and specific legislative recommendations, to the |
104 | Governor, the President of the Senate, and the Speaker of the |
105 | House of Representatives on or before December 31, 2009. The |
106 | council's final report shall be approved by at least two-thirds |
107 | of the council's membership and the chair must be in the |
108 | prevailing majority. The council shall terminate after |
109 | submitting its final report but not later than December 31, |
110 | 2009. |
111 | Section 2. The sum of $242,003 in nonrecurring funds is |
112 | appropriated from the Insurance Regulatory Trust Fund in the |
113 | Department of Financial Services for transfer to the Executive |
114 | Office of the Governor for the 2008-2009 fiscal year for the |
115 | purpose of implementing the Florida 2008 Title Insurance Study |
116 | Advisory Council. |
117 | Section 3. The sum of $242,003 is appropriated from the |
118 | Grants and Donations Trust Fund in the Executive Office of the |
119 | Governor for the 2008-2009 fiscal year, and two full-time |
120 | equivalent positions are authorized for the duration of the |
121 | Florida 2008 Title Insurance Study Advisory Council. |
122 | Section 4. This act shall take effect upon becoming a law. |
123 |
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124 | ----------------------------------------------------- |
125 | T I T L E A M E N D M E N T |
126 | Remove the entire title and insert: |
127 | A bill to be entitled |
128 | An act relating to title insurance; creating the Florida |
129 | 2008 Title Insurance Study Advisory Council; providing for |
130 | membership; providing for administrative support for the |
131 | council; providing responsibilities of the council; |
132 | authorizing the council to invite independent actuaries to |
133 | provide certain information; requiring the Office of |
134 | Program Policy Analysis and Government Accountability to |
135 | conduct a review and report to the council; requiring that |
136 | the report be submitted to the council by a certain date; |
137 | providing council meeting requirements; requiring the |
138 | council to file a report with the Governor and the |
139 | Legislature; providing for termination of the council; |
140 | providing appropriations and authorizing additional |
141 | positions; providing an effective date. |
142 |
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143 | WHEREAS, the Legislature finds that a stable and efficient |
144 | title insurance delivery system is necessary to promote the |
145 | economic well-being of the residents of Florida, and |
146 | WHEREAS, Florida consumers have a right to effective and |
147 | affordable title insurance, and |
148 | WHEREAS, title insurance is essential to ensure homeowners |
149 | and landowners of the safety of real estate transfers in |
150 | Florida, and |
151 | WHEREAS, investors and lienholders require the security |
152 | accorded their business interests by a financially stable and |
153 | regulated title insurance industry, and |
154 | WHEREAS, a viable title insurance delivery system requires |
155 | efficient and comprehensive state oversight to regulate insurer |
156 | and agent solvency, education, licensing, and discipline and the |
157 | establishment of nondiscriminatory title insurance rates and |
158 | forms, and |
159 | WHEREAS, it is the express intent of the Legislature to |
160 | conduct a comprehensive review of the title insurance industry, |
161 | the current regulatory scheme, and the rules affecting the |
162 | conduct of the industry, NOW, THEREFORE, |