HB 4081

A bill to be entitled
2An act relating to the repeal of obsolete insurance
3provisions; amending s. 215.5595, F.S.; deleting an
4obsolete requirement for the State Board of Administration
5to transfer to the Citizens Property Insurance Corporation
6certain funds of the Insurance Capital Build-Up Incentive
7Program; amending s. 627.311, F.S.; deleting an obsolete
8presuit notice requirement for the Florida Automobile
9Joint Underwriting Association; amending s. 627.706, F.S.;
10deleting an obsolete form filing deadline for sinkhole
11coverage; amending s. 627.7065, F.S.; deleting an obsolete
12reporting requirement for activities relating to the
13sinkhole database; repealing s. 627.7077, F.S., relating
14to a feasibility and cost-benefit study of a Florida
15Sinkhole Insurance Facility and other matters related to
16affordability and availability of sinkhole insurance;
17amending s. 627.712, F.S.; deleting an obsolete effective
18date for the exclusion of windstorm and contents coverage;
19providing an effective date.
21Be It Enacted by the Legislature of the State of Florida:
23     Section 1.  Subsection (11) of section 215.5595, Florida
24Statutes, is amended to read:
25     215.5595  Insurance Capital Build-Up Incentive Program.-
26     (11)  On January 15, 2009, the State Board of
27Administration shall transfer to Citizens Property Insurance
28Corporation any funds that have not been committed or reserved
29for insurers approved to receive such funds under the program,
30from the funds that were transferred from Citizens Property
31Insurance Corporation in 2008-2009 for such purposes.
32     Section 2.  Paragraph (k) of subsection (3) of section
33627.311, Florida Statutes, is amended to read:
34     627.311  Joint underwriters and joint reinsurers; public
35records and public meetings exemptions.-
36     (3)  The office may, after consultation with insurers
37licensed to write automobile insurance in this state, approve a
38joint underwriting plan for purposes of equitable apportionment
39or sharing among insurers of automobile liability insurance and
40other motor vehicle insurance, as an alternate to the plan
41required in s. 627.351(1). All insurers authorized to write
42automobile insurance in this state shall subscribe to the plan
43and participate therein. The plan shall be subject to continuous
44review by the office which may at any time disapprove the entire
45plan or any part thereof if it determines that conditions have
46changed since prior approval and that in view of the purposes of
47the plan changes are warranted. Any disapproval by the office
48shall be subject to the provisions of chapter 120. The Florida
49Automobile Joint Underwriting Association is created under the
50plan. The plan and the association:
51     (k)1.  Shall have no liability, and no cause of action of
52any nature shall arise against any member insurer or its agents
53or employees, agents or employees of the association, members of
54the board of governors of the association, the Chief Financial
55Officer, or the office or its representatives for any action
56taken by them in the performance of their duties or
57responsibilities under this subsection. Such immunity does not
58apply to actions for or arising out of breach of any contract or
59agreement pertaining to insurance, or any willful tort.
60     2.  Notwithstanding the requirements of s. 624.155(3)(a),
61as a condition precedent to bringing an action against the plan
62under s. 624.155, the department and the plan must have been
63given 90 days' written notice of the violation. If the
64department returns a notice for lack of specificity, the 90-day
65time period shall not begin until a proper notice is filed. This
66notice must comply with the information requirements of s.
67624.155(3)(b). Effective October 1, 2007, this subparagraph
68shall expire unless reenacted by the Legislature prior to that
70     Section 3.  Subsections (4) and (5) of section 627.706,
71Florida Statutes, are renumbered as subsections (3) and (4),
72respectively, and present subsection (3) of that section is
73amended to read:
74     627.706  Sinkhole insurance; catastrophic ground cover
75collapse; definitions.-
76     (3)  On or before June 1, 2007, every insurer authorized to
77transact property insurance in this state shall make a proper
78filing with the office for the purpose of extending the
79appropriate forms of property insurance to include coverage for
80catastrophic ground cover collapse or for sinkhole losses.
81Coverage for catastrophic ground cover collapse may not go into
82effect until the effective date provided for in the filing
83approved by the office.
84     Section 4.  Subsection (6) of section 627.7065, Florida
85Statutes, is renumbered as subsection (5), and present
86subsection (5) of that section is amended to read:
87     627.7065  Database of information relating to sinkholes;
88the Department of Financial Services and the Department of
89Environmental Protection.-
90     (5)  The Department of Environmental Protection, in
91consultation with the Department of Financial Services, shall
92present a report of activities relating to the sinkhole
93database, including recommendations regarding the database and
94similar matters, to the Governor, the Speaker of the House of
95Representatives, the President of the Senate, and the Chief
96Financial Officer by December 31, 2005. The report may consider
97the need for the Legislature to create an entity to study the
98increase in sinkhole activity in the state and other similar
99issues relating to sinkhole damage, including recommendations
100and costs for staffing the entity. The report may include other
101information, as appropriate.
102     Section 5.  Section 627.7077, Florida Statutes, is
104     Section 6.  Subsection (7) of section 627.712, Florida
105Statutes, is amended to read:
106     627.712  Residential windstorm coverage required;
107availability of exclusions for windstorm or contents.-
108     (7)  This section is effective July 1, 2007, but the office
109may delay application of this section until a date no later than
110October 1, 2007, upon approval by the Financial Services
112     Section 7.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.