Florida Senate - 2022 SB 1402 By Senator Burgess 20-00879-22 20221402__ 1 A bill to be entitled 2 An act relating to domestic surplus lines insurance; 3 amending s. 626.914, F.S.; revising the definition of 4 the term “eligible surplus lines insurer”; defining 5 the term “domestic surplus lines insurer”; creating s. 6 626.9182, F.S.; providing for the eligibility of 7 domestic surplus lines insurers; subjecting and 8 exempting surplus lines insurers and surplus lines 9 policies from certain requirements; providing 10 construction; reenacting ss. 458.320(1)(b) and (2)(b), 11 459.0085 (1)(b) and (2)(b), and 464.0123(2)(a), F.S., 12 relating to financial responsibility for the practice 13 of medicine, financial responsibility for the practice 14 of osteopathic medicine, and autonomous practice by an 15 advanced practice registered nurse, respectively, to 16 incorporate the amendment made to s. 626.914, F.S., in 17 references thereto; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (2) of section 626.914, Florida 22 Statutes, is amended, and subsection (5) is added to that 23 section, to read: 24 626.914 Definitions.—As used in this Surplus Lines Law, the 25 term: 26 (2) “Eligible surplus lines insurer” means an unauthorized 27 insurer thatwhichhas been made eligible by the office to issue 28 insurance coverage under this Surplus Lines Law; or a domestic 29 surplus lines insurer. 30 (5) ”Domestic surplus lines insurer” means any domestic 31 insurer that has been made eligible by the office to issue 32 surplus lines insurance coverage. 33 Section 2. Section 626.9182, Florida Statutes, is created 34 to read: 35 626.9182 Domestic surplus lines insurers.— 36 (1) Notwithstanding any other law, a domestic insurer 37 possessing surplus as to policyholders of at least $15 million 38 may, pursuant to a resolution by its board of directors, and 39 with the approval of the office, be made eligible as a domestic 40 surplus lines insurer. Upon approval of the office, a domestic 41 surplus lines insurer: 42 (a) May issue surplus lines insurance coverage in any 43 jurisdiction, including this state. 44 (b) Is deemed an eligible surplus lines insurer and may 45 issue any type of insurance coverage that an unauthorized 46 insurer not domiciled in this state is eligible to issue. 47 (c) May issue surplus lines insurance coverage only if the 48 coverage has been placed with the insurer by a surplus lines 49 agent pursuant to the Surplus Lines Law. 50 (2) A domestic surplus lines insurer is subject to all 51 financial and solvency requirements imposed upon domestic 52 admitted insurers unless otherwise exempted. 53 (3) Surplus lines insurance policies issued by a domestic 54 surplus lines insurer are exempt from all requirements relating 55 to insurance rating and rating plans; policy forms; premiums 56 charged to insureds; policy cancellation, nonrenewal, and 57 renewal; and other requirements in the same manner and to the 58 same extent as surplus lines policies issued by a surplus lines 59 insurer domiciled in another state. 60 (4) Notwithstanding any other law, policies issued in this 61 state by a domestic surplus lines insurer are subject to taxes 62 assessed upon surplus lines policies issued by nonadmitted 63 insurers, including the surplus lines tax prescribed by s. 64 626.932, but are exempt from other taxes levied upon domestic 65 and foreign admitted insurers. 66 (5) Policies issued in this state by a domestic surplus 67 lines insurer are not subject to part II, part III, or part V of 68 chapter 631. 69 (6) For the purposes of the Surplus Lines Law, a domestic 70 surplus lines insurer is considered an unauthorized insurer. 71 (7) For the purposes of the federal Nonadmitted and 72 Reinsurance Reform Act of 2010 (NRRA), a domestic surplus lines 73 insurer is considered a nonadmitted insurer as defined in 15 74 U.S.C. s. 8206 with respect to risks insured in this state. 75 Section 3. For the purpose of incorporating the amendment 76 made by this act to section 626.914, Florida Statutes, in 77 references thereto, paragraph (b) of subsection (1) and 78 paragraph (b) of subsection (2) of section 458.320, Florida 79 Statutes, are reenacted to read: 80 458.320 Financial responsibility.— 81 (1) As a condition of licensing and maintaining an active 82 license, and prior to the issuance or renewal of an active 83 license or reactivation of an inactive license for the practice 84 of medicine, an applicant must by one of the following methods 85 demonstrate to the satisfaction of the board and the department 86 financial responsibility to pay claims and costs ancillary 87 thereto arising out of the rendering of, or the failure to 88 render, medical care or services: 89 (b) Obtaining and maintaining professional liability 90 coverage in an amount not less than $100,000 per claim, with a 91 minimum annual aggregate of not less than $300,000, from an 92 authorized insurer as defined under s. 624.09, from a surplus 93 lines insurer as defined under s. 626.914(2), from a risk 94 retention group as defined under s. 627.942, from the Joint 95 Underwriting Association established under s. 627.351(4), or 96 through a plan of self-insurance as provided in s. 627.357. The 97 required coverage amount set forth in this paragraph may not be 98 used for litigation costs or attorney’s fees for the defense of 99 any medical malpractice claim. 100 (2) Physicians who perform surgery in an ambulatory 101 surgical center licensed under chapter 395 and, as a continuing 102 condition of hospital staff privileges, physicians who have 103 staff privileges must also establish financial responsibility by 104 one of the following methods: 105 (b) Obtaining and maintaining professional liability 106 coverage in an amount not less than $250,000 per claim, with a 107 minimum annual aggregate of not less than $750,000 from an 108 authorized insurer as defined under s. 624.09, from a surplus 109 lines insurer as defined under s. 626.914(2), from a risk 110 retention group as defined under s. 627.942, from the Joint 111 Underwriting Association established under s. 627.351(4), 112 through a plan of self-insurance as provided in s. 627.357, or 113 through a plan of self-insurance which meets the conditions 114 specified for satisfying financial responsibility in s. 766.110. 115 The required coverage amount set forth in this paragraph may not 116 be used for litigation costs or attorney’s fees for the defense 117 of any medical malpractice claim. 118 119 This subsection shall be inclusive of the coverage in subsection 120 (1). 121 Section 4. For the purpose of incorporating the amendment 122 made by this act to section 626.914, Florida Statutes, in 123 references thereto, paragraph (b) of subsection (1) and 124 paragraph (b) of subsection (2) of section 459.0085, Florida 125 Statutes, are reenacted to read: 126 459.0085 Financial responsibility.— 127 (1) As a condition of licensing and maintaining an active 128 license, and prior to the issuance or renewal of an active 129 license or reactivation of an inactive license for the practice 130 of osteopathic medicine, an applicant must by one of the 131 following methods demonstrate to the satisfaction of the board 132 and the department financial responsibility to pay claims and 133 costs ancillary thereto arising out of the rendering of, or the 134 failure to render, medical care or services: 135 (b) Obtaining and maintaining professional liability 136 coverage in an amount not less than $100,000 per claim, with a 137 minimum annual aggregate of not less than $300,000, from an 138 authorized insurer as defined under s. 624.09, from a surplus 139 lines insurer as defined under s. 626.914(2), from a risk 140 retention group as defined under s. 627.942, from the Joint 141 Underwriting Association established under s. 627.351(4), or 142 through a plan of self-insurance as provided in s. 627.357. The 143 required coverage amount set forth in this paragraph may not be 144 used for litigation costs or attorney’s fees for the defense of 145 any medical malpractice claim. 146 (2) Osteopathic physicians who perform surgery in an 147 ambulatory surgical center licensed under chapter 395 and, as a 148 continuing condition of hospital staff privileges, osteopathic 149 physicians who have staff privileges must also establish 150 financial responsibility by one of the following methods: 151 (b) Obtaining and maintaining professional liability 152 coverage in an amount not less than $250,000 per claim, with a 153 minimum annual aggregate of not less than $750,000 from an 154 authorized insurer as defined under s. 624.09, from a surplus 155 lines insurer as defined under s. 626.914(2), from a risk 156 retention group as defined under s. 627.942, from the Joint 157 Underwriting Association established under s. 627.351(4), 158 through a plan of self-insurance as provided in s. 627.357, or 159 through a plan of self-insurance that meets the conditions 160 specified for satisfying financial responsibility in s. 766.110. 161 The required coverage amount set forth in this paragraph may not 162 be used for litigation costs or attorney’s fees for the defense 163 of any medical malpractice claim. 164 165 This subsection shall be inclusive of the coverage in subsection 166 (1). 167 Section 5. For the purpose of incorporating the amendment 168 made by this act to section 626.914, Florida Statutes, in a 169 reference thereto, paragraph (a) of subsection (2) of section 170 464.0123, Florida Statutes, is reenacted to read: 171 464.0123 Autonomous practice by an advanced practice 172 registered nurse.— 173 (2) FINANCIAL RESPONSIBILITY.— 174 (a) An advanced practice registered nurse registered under 175 this section must, by one of the following methods, demonstrate 176 to the satisfaction of the board and the department financial 177 responsibility to pay claims and costs ancillary thereto arising 178 out of the rendering of, or the failure to render, nursing care, 179 treatment, or services: 180 1. Obtaining and maintaining professional liability 181 coverage in an amount not less than $100,000 per claim, with a 182 minimum annual aggregate of not less than $300,000, from an 183 authorized insurer as defined in s. 624.09, from a surplus lines 184 insurer as defined in s. 626.914(2), from a risk retention group 185 as defined in s. 627.942, from the Joint Underwriting 186 Association established under s. 627.351(4), or through a plan 187 of self-insurance as provided in s. 627.357; or 188 2. Obtaining and maintaining an unexpired, irrevocable 189 letter of credit, established pursuant to chapter 675, in an 190 amount of not less than $100,000 per claim, with a minimum 191 aggregate availability of credit of not less than $300,000. The 192 letter of credit must be payable to the advanced practice 193 registered nurse as beneficiary upon presentment of a final 194 judgment indicating liability and awarding damages to be paid by 195 the advanced practice registered nurse or upon presentment of a 196 settlement agreement signed by all parties to such agreement 197 when such final judgment or settlement is a result of a claim 198 arising out of the rendering of, or the failure to render, 199 nursing care and services. 200 Section 6. This act shall take effect July 1, 2022.