Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1248
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) of section
    6  626.916, Florida Statutes, is amended to read:
    7         626.916 Eligibility for export.—
    8         (3)
    9         (b) Paragraphs (1)(a)-(d) do not apply to commercial lines
   10  residential coverage as described in s. 627.4025 or to classes
   11  of insurance which are subject to s. 627.062(3)(d)1. These
   12  classes may be exportable under the following conditions:
   13         1. The insurance must be placed only by or through a
   14  surplus lines agent licensed in this state;
   15         2. The insurer must be made eligible under s. 626.918; and
   16         3. The insured must sign a disclosure that substantially
   17  provides the following: “You are agreeing to place coverage in
   18  the surplus lines market. Superior coverage may be available in
   19  the admitted market and at a lesser cost. Persons insured by
   20  surplus lines carriers are not protected under the Florida
   21  Insurance Guaranty Act with respect to any right of recovery for
   22  the obligation of an insolvent unlicensed insurer.” If the
   23  notice is signed by the insured, the insured is presumed to have
   24  been informed and to know that other coverage may be available,
   25  and, with respect to the diligent-effort requirement under
   26  subsection (1), there is no liability on the part of, and no
   27  cause of action arises against, the retail agent presenting the
   28  form.
   29         Section 2. This act shall take effect July 1, 2016.
   31  ================= T I T L E  A M E N D M E N T ================
   32  And the title is amended as follows:
   33         Delete everything before the enacting clause
   34  and insert:
   35                        A bill to be entitled                      
   36         An act relating to insurance practices; amending s.
   37         626.916, F.S.; revising conditions for export
   38         eligibility of commercial lines residential coverage;
   39         providing an effective date.