Capitol to Courthouse Florida Insurance Report: Monday, January 9

Jan 9, 2012


To go directly to the section of your choice, click on a hyperlink below.  Other hyperlinks to meeting information, bills and news are noted in bold type.






Daily Florida Insurance-Related Events


9:00 a.m.–Florida Hurricane Catastrophe Fund (“FHCF”) Rule Development Workshop.  Proposed amendments to the following Rules relating to insurer exposure and loss reporting requirements for the 2012/2013 FHCF Contract Year, premium formula requirements and insurer responsibilities.  Teleconference:  (888) 808-6959; conference code:  4765251363.  To view the hearing notice, click here.  To view Workshop materials, click here.



  • 19-8.028:  Reimbursement Premium Formula
  • 19-8.029:  Insurer Reporting Requirements
  • 19-8.030:  Insurer Responsibilities

1:00 p.m. to 3:00 p.m.–Senate Committee on Governmental Oversight and Accountability.  To view the meeting packet, click here.

  • SB 446 relating to Open Government Sunset Review/Insurance Claim Data Exchange Information/Past Due Child Support by the Senate Committee on Children, Families, and Elder Affairs

3:15 p.m. to 5:15 p.m.–Senate Committee on Banking and Insurance.  To view the expanded agenda, click here.

  • SB 676 relating to Workers’ Compensation Certificate-of-Exemption Process by Senator Chris Smith
  • SB 938 relating to Insurance Agents and Adjusters by Senator Garrett Richter



Daily Florida Insurance-Related Bills Filed for 2012


SB 1844 Relating to Alien Insurers by Senator Jack Latvala

SB 1844 would revise a provision of law exempting alien insurers from the requirement to obtain a certificate of authority.  An alien insurer also would be exempt from having to obtain a certificate of authority if such insurer engages only in specified activities relating to the delivery of insurance policies or annuity contracts to nonresident policyowners.  Under the provisions of the bill, a life insurance policy and annuity contract could only be issued by an insurer domiciled outside the United States under certain conditions.  Further, alien insurers issuing policies or contracts in Florida would be subject to part IX of ch. 626, F.S. relating to unfair insurance trade practices.  Effective Date: July 1, 2012


SB 1814 Relating to the Uniform Home Grading Scale by Senator Chris Smith

SB 1814 would repeal provisions of law relating to the required adoption by the Florida Financial Services Commission of a uniform home grading scale to grade the ability of a home to withstand the wind load from certain tropical storms or hurricanes.  Effective Date: July 1, 2012


SB 1788 Relating to the Mediation of Motor Vehicle Personal Injury and Property Damage Claims by Senator Alan Hays

SB 1788 would repeal provisions of law relating to the mediation of motor vehicle insurance claims for personal injury that are less than a specified amount, or property damage of any amount.  If passed, the bill would delete requirements, procedures and processes with respect to requests filed with the Florida Department of Financial Services for mediation of such claims.  Effective Date: July 1, 2012


SB 1790 Relating to the Mediation of Property Insurance Claims by Senator Alan Hays

SB 1790 would delete provisions of law requiring the Florida Department of Financial Services to create and administer a non-adversarial property insurance mediation program for resolving disputed property insurance claims and delete requirements, procedures and processes relating to the program.  Effective Date: July 1, 2012



Daily Insurance-Related News


Citizens, private insurers push back against Cat Fund reforms

Citizens Property Insurance and other private insurance companies are raising concerns about two bills that would shrink the Cat Fund from $17 billion to $12 billion during the course of four years, and increase the amount of co-pay that insurers pay into the fund.


Column:  Citizens Insurance keeps growing, and maybe that’s a good thing

State-run insurer expects surge to 1.6 million policies in 2012

Call it Rick’s Paradox: The more that Gov. Scott and other state leaders talk about shrinking or eliminating Citizens Property Insurance, the bigger the state-run insurer gets.


How much does it really cost to rebuild your home?

The answer can vary, and it affects what you pay for insurance

Some homeowners have had to beef up the amount of property insurance they buy to cover what they say are inflated cost estimates to rebuild their homes.


Filing sinkhole claim doesnt always lead to repairs

Former County Administrator David Hamilton, who filed for tax relief last summer because of suspected sinkhole activity, has not yet begun any repairs on his property.


South Florida prepares for rising seas

Action plan calls for protecting roads, wells and property

A battle plan for an anticipated assault by seawater has been drafted by four South Florida counties, attempting to protect one of the nation’s most vulnerable regions from the impact of climate change.


Florida Association of Insurance Agents:  You can settle a claim with no public adjuster

The My View by Pat Cuccaro, president of the Florida Association of Public Insurance Adjusters (FAPIA), is misleading and withheld important information that could delay and even diminish a claim payment.


Florida Consumer Action Network:  Keeping homeowners insurance affordable

Florida’s insurance consumers face new risks from our homeowner insurance system – some are well known, and some most people haven’t heard about.


American Consumer Institute:  PIP reform

Legislature must protect consumers

Last year, the Florida Legislature disappointed consumers when it let personal injury protection insurance fraud continue unchecked.

PIP and Citizens: Two challenges for legislators

Gov. Rick Scott wants lawmakers to fix a pair of auto and property insurance issues that are costing Floridians hundreds of millions of dollars but have eluded resolution for more than a decade.


State targets PIP, fraud

Possibilities during session include ending mandatory requirement that Florida drivers carry such protection

Efforts to reform Florida’s no-fault auto insurance system – which critics say is rife with fraud and soaring attorney fees – are expected to dominate insurance-related issues when the legislative session begins Tuesday.


State investigating massive clinic fraud in Dade County

A report by the Agency for Health Care Administration revealed irregularities were discovered by investigators in 43 of 49 Miami-Dade County clinics that treat automobile accident victims. In one case, an insurance company providing personal injury protection coverage, also known as PIP, was charged $19,000 for massage therapy


Blog:  Senator Thrasher files Emergency Room sovereign immunity’ bill

Doctors working in emergency rooms would be protected by sovereign immunity from large medical malpractice judgements under a measure filed Thursday in the Senate, reports the News Service of Florida.


Florida Insurance Agents Protest Rule

Naples insurance agent Mark Fiacable said a part of the federal health care act destroyed his business and caused him to lose his home.


Legislature considers date change of 2012 primary election

Last year the Florida Legislature changed the date of the primary election so it did not conflict with the Republican National Convention being held in Tampa. The convention will start Aug. 27.


2012 Legislative Session:  Major Issues Facing Florida Lawmakers


Business interests have aggressive agenda for Florida’s Legislature

As the 9-week legislative session kicks off in Tallahassee, trade groups and lobbyists will be out in full force to nudge policymakers in a pro-business direction

The 2012 state legislative session will be preoccupied with the once-a-decade chore of redistricting, but a broad spectrum of trade groups and lobbyists is still hoping to capitalize on its pro-business momentum from 2011 with an aggressive agenda.


New redistricting maps could hurt incumbents

Florida’s new redistricting standards, coupled with the 10-year shift in population, have forced Republicans to do what is rarely done in politics – sacrifice incumbents – and that is not going over well with some Republicans.


Probe on Florida Attorney General employee firings comes to end

The investigation concluded that no one in the Attorney General Pam Bondi’s office broke any laws or rules, but the report didn’t silence critics who questioned the independence of the investigation.


States Take On Citizens United

Montana legal ruling a possible game-changer for states; California lawmakers introduce legislation to overturn Citizens United

Montana is proving to be a potential catalyst for change in the potential challenge to Citizens United v. Federal Election Commission.

Miami, Hialeah listed in dubious rankings of nation’s worst-run cities

There’s nothing scientific about it. But the Internet publication 24/7 Wall Street has ranked Miami as the worst-run city in the nation.


Chaney Sworn-In for Second Term as Mississippi Insurance Commissioner

Mississippi inaugurated seven of its eight statewide elected officials on Thursday – everyone except the new governor.


Finston Named California Deputy Insurance Commissioner

John F. Finston has accepted an appointment to be Deputy Commissioner for Corporate & Regulatory Affairs at the California Department of Insurance.


Louisiana Citizens Asks State High Court to Rethink $100 Million Award

Louisiana Citizens Property Insurance Corp. does not think the state Supreme Court addressed all of the issues it should have before reinstating what now is a judgment of more than $100 million for policyholders.




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