Florida Senate - 2014 CS for SB 1344
By the Committee on Banking and Insurance; and Senator Braynon
597-02848-14 20141344c1
1 A bill to be entitled
2 An act relating to insurance association appointments;
3 amending ss. 627.351 and 766.315, F.S.; revising the
4 entities that make recommendations to the Chief
5 Financial Officer for appointment to the board of
6 governors of the Joint Underwriting Association and
7 the board of directors of the Florida Birth-Related
8 Neurological Injury Compensation Association;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (c) of subsection (4) of section
14 627.351, Florida Statutes, is amended to read:
15 627.351 Insurance risk apportionment plans.—
16 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
17 (c) The Joint Underwriting Association shall operate
18 subject to the supervision and approval of a board of governors
19 consisting of representatives of five of the insurers
20 participating in the Joint Underwriting Association, an attorney
21 to be named by The Florida Bar, a physician to be named by the
22 Florida Medical Association, a dentist to be named by the
23 Florida Dental Association, and a hospital representative to be
24 named by the Florida Hospital Association. The Chief Financial
25 Officer shall select the representatives of the five insurers.
26 One insurer representative shall be selected from
27 recommendations of the American Insurance Association. One
28 insurer representative shall be selected from recommendations of
29 the Property Casualty Insurers Association of America Alliance
30 of American Insurers. One insurer representative shall be
31 selected from recommendations of the Florida Insurance Council
32 National Association of Independent Insurers. Two insurer
33 representatives shall be selected to represent insurers that are
34 not affiliated with these associations. The board of governors
35 shall choose, During the first meeting of the board after June
36 30 of each year, the board shall choose one of its members to
37 serve as chair of the board and another member to serve as vice
38 chair of the board. There is shall be no liability on the part
39 of, and no cause of action of any nature shall arise against,
40 any member insurer, self-insurer, or its agents or employees,
41 the Joint Underwriting Association or its agents or employees,
42 members of the board of governors, or the office or its
43 representatives for any action taken by them in the performance
44 of their powers and duties under this subsection.
45 Section 2. Paragraph (a) of subsection (2) of section
46 766.315, Florida Statutes, is amended to read:
47 766.315 Florida Birth-Related Neurological Injury
48 Compensation Association; board of directors.—
49 (2)(a) The Chief Financial Officer may select the
50 representative of the participating physicians from a list of at
51 least three names to be recommended by the American Congress of
52 Obstetricians and Gynecologists, District XII Florida Obstetric
53 and Gynecologic Society; the representative of hospitals from a
54 list of at least three names to be recommended by the Florida
55 Hospital Association; the representative of casualty insurers
56 from a list of at least three names, one of which is recommended
57 by the American Insurance Association, one of which is
58 recommended by the Florida Insurance Council Alliance of
59 American Insurers, and one of which is recommended by the
60 Property Casualty Insurers Association of America National
61 Association of Independent Insurers; and the representative of
62 physicians, other than participating physicians, from a list of
63 three names to be recommended by the Florida Medical Association
64 and a list of three names to be recommended by the Florida
65 Osteopathic Medical Association. However, In no case shall the
66 Chief Financial Officer is not required be bound to make an any
67 appointment from among the nominees of the such respective
68 associations.
69 Section 3. This act shall take effect July 1, 2014.