HB 4081

1	A bill to be entitled
2	An act relating to the repeal of obsolete insurance
3	provisions; amending s. 215.5595, F.S.; deleting an
4	obsolete requirement for the State Board of Administration
5	to transfer to the Citizens Property Insurance Corporation
6	certain funds of the Insurance Capital Build-Up Incentive
7	Program; amending s. 627.311, F.S.; deleting an obsolete
8	presuit notice requirement for the Florida Automobile
9	Joint Underwriting Association; amending s. 627.706, F.S.;
10	deleting an obsolete form filing deadline for sinkhole
11	coverage; amending s. 627.7065, F.S.; deleting an obsolete
12	reporting requirement for activities relating to the
13	sinkhole database; repealing s. 627.7077, F.S., relating
14	to a feasibility and cost-benefit study of a Florida
15	Sinkhole Insurance Facility and other matters related to
16	affordability and availability of sinkhole insurance;
17	amending s. 627.712, F.S.; deleting an obsolete effective
18	date for the exclusion of windstorm and contents coverage;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (11) of section 215.5595, Florida
24	Statutes, is amended to read:
25	215.5595  Insurance Capital Build-Up Incentive Program.-
26	(11)  On January 15, 2009, the State Board of
27	Administration shall transfer to Citizens Property Insurance
28	Corporation any funds that have not been committed or reserved
29	for insurers approved to receive such funds under the program,
30	from the funds that were transferred from Citizens Property
31	Insurance Corporation in 2008-2009 for such purposes.
32	Section 2.  Paragraph (k) of subsection (3) of section
33	627.311, Florida Statutes, is amended to read:
34	627.311  Joint underwriters and joint reinsurers; public
35	records and public meetings exemptions.-
36	(3)  The office may, after consultation with insurers
37	licensed to write automobile insurance in this state, approve a
38	joint underwriting plan for purposes of equitable apportionment
39	or sharing among insurers of automobile liability insurance and
40	other motor vehicle insurance, as an alternate to the plan
41	required in s. 627.351(1). All insurers authorized to write
42	automobile insurance in this state shall subscribe to the plan
43	and participate therein. The plan shall be subject to continuous
44	review by the office which may at any time disapprove the entire
45	plan or any part thereof if it determines that conditions have
46	changed since prior approval and that in view of the purposes of
47	the plan changes are warranted. Any disapproval by the office
48	shall be subject to the provisions of chapter 120. The Florida
49	Automobile Joint Underwriting Association is created under the
50	plan. The plan and the association:
51	(k)1.  Shall have no liability, and no cause of action of
52	any nature shall arise against any member insurer or its agents
53	or employees, agents or employees of the association, members of
54	the board of governors of the association, the Chief Financial
55	Officer, or the office or its representatives for any action
56	taken by them in the performance of their duties or
57	responsibilities under this subsection. Such immunity does not
58	apply to actions for or arising out of breach of any contract or
59	agreement pertaining to insurance, or any willful tort.
60	2.  Notwithstanding the requirements of s. 624.155(3)(a),
61	as a condition precedent to bringing an action against the plan
62	under s. 624.155, the department and the plan must have been
63	given 90 days' written notice of the violation. If the
64	department returns a notice for lack of specificity, the 90-day
65	time period shall not begin until a proper notice is filed. This
66	notice must comply with the information requirements of s.
67	624.155(3)(b). Effective October 1, 2007, this subparagraph
68	shall expire unless reenacted by the Legislature prior to that
69	date.
70	Section 3.  Subsections (4) and (5) of section 627.706,
71	Florida Statutes, are renumbered as subsections (3) and (4),
72	respectively, and present subsection (3) of that section is
73	amended to read:
74	627.706  Sinkhole insurance; catastrophic ground cover
75	collapse; definitions.-
76	(3)  On or before June 1, 2007, every insurer authorized to
77	transact property insurance in this state shall make a proper
78	filing with the office for the purpose of extending the
79	appropriate forms of property insurance to include coverage for
80	catastrophic ground cover collapse or for sinkhole losses.
81	Coverage for catastrophic ground cover collapse may not go into
82	effect until the effective date provided for in the filing
83	approved by the office.
84	Section 4.  Subsection (6) of section 627.7065, Florida
85	Statutes, is renumbered as subsection (5), and present
86	subsection (5) of that section is amended to read:
87	627.7065  Database of information relating to sinkholes;
88	the Department of Financial Services and the Department of
89	Environmental Protection.-
90	(5)  The Department of Environmental Protection, in
91	consultation with the Department of Financial Services, shall
92	present a report of activities relating to the sinkhole
93	database, including recommendations regarding the database and
94	similar matters, to the Governor, the Speaker of the House of
95	Representatives, the President of the Senate, and the Chief
96	Financial Officer by December 31, 2005. The report may consider
97	the need for the Legislature to create an entity to study the
98	increase in sinkhole activity in the state and other similar
99	issues relating to sinkhole damage, including recommendations
100	and costs for staffing the entity. The report may include other
101	information, as appropriate.
102	Section 5.  Section 627.7077, Florida Statutes, is
103	repealed.
104	Section 6.  Subsection (7) of section 627.712, Florida
105	Statutes, is amended to read:
106	627.712  Residential windstorm coverage required;
107	availability of exclusions for windstorm or contents.-
108	(7)  This section is effective July 1, 2007, but the office
109	may delay application of this section until a date no later than
110	October 1, 2007, upon approval by the Financial Services
111	Commission.
112	Section 7.  This act shall take effect July 1, 2011.

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