Thursday, June 23, 2011

P&C bills that passed in 2011 - Florida (updated)

First reported May 9, final update June 28, 2011

Listed in the table below are bills impacting property & casualty insurers that passed during the 2011 Florida Legislative Session.  All bills have been signed into law by the Governor.

Ch.2011-039S408Big property package, including: (a) sinkhole insurance reform; (b) 5-year statute of limitation for all property insurance claims from date of loss; (c) 3-year claim-filing deadline for hurricane & windstorm claims from date of event; (d) RCV holdback for dwelling & contents; (e) public adjuster reform; (f) "use & file" bar extended to May 2012; (g) enhanced process to recover reinsurance costs in rates; (h) modest changes to Citizens; (i) changes to nonrenewal, cancellation laws.Became LAW 5/17/2011
Ch.2011-160H99Commercial rate deregulation - additional exemptions from rate pre-approval.  See Commercial rate deregulation.Became LAW 
Ch.2011-174H 1087Insurance – 11 areas of insurance regulation.  See H1087 mini train.Became LAW 
Anti-Fraud: In next 3 unrelated bills:
(sec. 9)
S2132 - Enables DFS to accept donations to fund fraud prosecutors.Became LAW 
(sec. 19)
H 1087- Increases penalties for motor vehicle insurance fraud. Became
(sec. 7)
S2160 - Changes crash report requirements.Became LAW 5/26/2011
Ch.2011-226H1007Insurer Insolvency - (a) allows insurers to renegotiate surplus notes issued by Insurance Capital Build-Up Incentive Program; (b) amends requirements for obtaining credit for reinsurance; and (c) enhances liquidation and rehabilitation laws.Became
Ch.2011-046S1816Surplus Lines Tax - changes
collection of surplus lines taxes per federal Nonadmitted & Reinsurance Reform Act of 2010 [part of Dodd-Frank Wall Street Reform], which limits state regulatory authority over surplus lines insurance to home state of policyholder.
Became LAW 5/26/2011
Ch.2011-233H479Medical malpractice - (a) requires out-of-state doctors to apply for a certificate to testify as an expert witness in Florida, and enables Florida to discipline such doctors if they have offered "deceptive or fraudulent" testimony; (b) eliminates requirement that a medical malpractice insurance policy include a clause authorizing the insurer to settle within policy limits without permission of the insured, and eliminates prohibition against a clause giving the insured the exclusive right to veto a settlement within the policy limits; (c) provide immunity from suit for doctors who volunteer to help high school and collegiate sports teams.Became
Ch.2011-215S142Negligence (a.k.a. "crashworthiness") - establishes comparative fault system in torts involving defective products, permitting juries to consider fault of all persons who contributed to accident when apportioning fault among them.Became

*A bill may have one or more effective dates that are different from the date the bill became law.  “Ordered enrolled” means that a bill has been passed by both the House and Senate; the next step is to “enroll” (ER) the bill and send it to the Governor for action. After receipt, the Governor has 15 days to act on a bill (sign it, veto it, or allow it to become law without signature).

This summary was prepared by Perry Cone and posted at

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